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Figure 10-5: Consultant in a Management Support Role Flowchart Construction Engineering Services
Under federal-aid regulations and state policy, the primary responsibility for general supervision of construction must remain with the LPA. The LPA must also ensure that the work is performed in accordance with the approved plans and specifications, by employing or retaining as a consultant a registered engineer for construction engineering services on the project.
All construction engineering activities performed by a consultant must be under the overall supervision of a full-time employee of the agency who is in responsible charge. These activities may include preparation of contract change orders, construction surveys, foundation investigations, measurement, and computation of quantities, testing of construction materials, checking of shop drawings, preparation of estimates, reports, and other inspection activities necessary to ensure that the construction is being performed in accordance with the plans and specifications. The construction engineering consultant’s contract defines the relative authorities and responsibilities of the full-time employee of the LPA in charge of the project and the consultant’s construction engineering staff.
If a technical inspection consultant is to provide professional assistance to the LPA, a formal consultant contract must be executed which follows this chapter’s requirements. The contract must provide for reviews at appropriate stages during performance of the work to determine if any changes or other actions are warranted. These reviews are to be made by the LPA.
10.1.10 Program Management
According to 23 CFR 172.5, LPAs are required to adopt written policies and procedures prescribed by Caltrans. As such, the LPA must adopt Caltrans Local Assistance Chapter 10:
Consultant Selection, which contain the A&E policies and procedures.
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To meet this requirement, LPAs are required to email and provide one of the following documents to the DLA Office of Guidance and Oversight (OGO) at [email protected]:
1. A Board Resolution showing that the LPA is adopting Caltrans LAPM Chapter 10; OR
2. An official letter signed by the LPA’s Public Works Director or equivalent manager addressed to the DLA OGO Office Chief, stating that the agency is adopting Caltrans LAPM Chapter 10
The DLA A&E website includes an example of the adoption resolution and letter. These examples are for reference only; the appropriate language to be used is determined by the individual agency.
LPAs are responsible for providing all resources necessary for the procurement, management, and administration of A&E consultant contracts including subcontracts. Ensuring consultant costs billed are allowable in accordance with the Federal cost principles and consistent with the contract terms as well as the acceptability and progress of the consultant's work; • Monitoring the consultant's work and compliance with the terms, conditions, and specifications of the contract;
• Preparing a consultant's performance evaluation when services are completed and using such performance data in future evaluation and ranking of consultant to provide similar services;
• Closing-out a contract;
• Retaining supporting programmatic and contract records, as specified in 2 CFR 200.333 and the requirements of this part;
• Determining the extent to which the consultant, which is responsible for the professional quality, technical accuracy, and coordination of services, may be reasonably liable for costs resulting from errors and omissions in the work furnished under its contract; • Assessing administrative, contractual, or legal remedies in instances where consultants violate or breach contract terms and conditions, and providing for such sanctions and penalties as may be appropriate; and
• Resolving disputes in the procurement, management, and administration of engineering and design related consultant services.
10.1.11 References
2 CFR Part 200
http://www.ecfr.gov/cgi-bin/textidx?SID=eb0db4a32ce93fdc5815e6fe58791d9d&mc=true&tpl=/ecfrbrowse/Title02/2cfr200_main_02.t pl
2 CFR Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations https://www.govinfo.gov/app/details/CFR-2012-title2-vol1/CFR-2012-title2-vol1-part215/context 23 USC Letting of Contracts
http://www.fhwa.dot.gov/map21/docs/title23usc.pdf
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23 CFR, Part 172 Administration of Engineering and Design Related Service Contracts http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=23:1.0.1.2.3 40 USC, Section 1104 Brooks Act
https://www.govinfo.gov/app/details/USCODE-2011-title40/USCODE-2011-title40-subtitleIchap11/context 41 CFR Public Contracts and Property Management
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title41/41tab_02.tpl 41 USC Public Contracts
https://www.govinfo.gov/content/pkg/USCODE-2009-title41/html/USCODE-2009-title41.htm 48 CFR, Chapter 1, Subpart 15.404
https://www.acquisition.gov/far/part-15
48 CFR, Chapter 1, Part 31
https://www.acquisition.gov/far/part-31
48 CFR, Chapter 1, Part 16 – Types of Contracts
https://www.acquisition.gov/far/part-16
48 CFR 27, Chapter 1, Subpart 27.3 – Patent Rights under Government Contracts https://www.acquisition.gov/far/part-27
48 CFR, Chapter 1, Subpart 31.201-3 – Determining Reasonableness https://www.acquisition.gov/far/part-31
48 CFR, Chapter 99 – Cost Accounting Standards, Part 9904 https://www.acquisition.gov/chapter_99
49 CFR, Part 26 Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr26_main_02.tpl American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit and Accounting Guide
https://audit.transportation.org/
Caltrans Division of Procurement and Contracts Website
http://www.dot.ca.gov/dpac/index.html
California Labor Code, Section 1775
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1775 Government Auditing Standards (GAS) issued by the United States Government Accountability Office
http://www.gao.gov/yellowbook/overview
Government Code Sections 4525 through 4529.5 and Sections 4529.10 through 4529.20 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=1.& part=&chapter=10.&article=
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https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=1.& part=&chapter=10.1.&article=
Standard Environmental Reference (SER)
http://www.dot.ca.gov/ser/
10.2 STATE-ONLY FUNDED A&E CONTRACTS
A&E
State-Only
Division of Local Assistance Minimum Requirements
for State-only funded A&E Contracts
A. Written Procedures
B. Conflict of Interest
C. Records
D. Full & Open Competition
E. Selection Basis
F. Publication
G. Solicitation
H. Cost Analysis
I. Negotiations
J. Audit and Review Process
K. Exhibit 10-C: A&E Consultant Contract Database
10.2.1 General
LPAs are required to follow all applicable local and state regulations including those listed in LAPM Chapter 10 in accordance with their State Master Agreement. Although the requirements listed in this section are minimum requirements, the LPA must use good engineering judgment and best practices to document their processes and procedures when procuring A&E contracts utilizing qualifications based selections.
LPAs using local funds to procure an A&E Consultant on a state-only funded project and will not seek state reimbursement for consultant cost may choose not to follow the selection and contracting procedures detailed in Section 10.2 of this chapter.
All consultants must comply with 48 CFR 31: Contract Cost Principles and Procedures.
Also, consultants and LPAs must comply with 2 CFR 200: Uniform Administrative
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Requirements, Cost Principles, and Audit Requirements for Federal Awards, excluding sections 200.318-200.326 Procurement Standards (reference Federal Highway Administration December 4, 2014 Memorandum Action: 2 CFR 200 Implementation Guidance).
Agency state-only funded (SOF) agreements must contain the required federal fiscal provisions from 2 CFR 200 in all Division of Local Assistance funded agreements.
Exhibit 10-R: A&E Boilerplate Agreement Language contains 2 CFR 200 requirements and may also be used in SOF agreements. Depending upon the scope of work, the required contract provisions may need to include the California State Prevailing Wages.
All proposed A&E contracts and supporting documents (including state-only funded) are subject to audit or review by Caltrans’ Independent Office of Independent Office of Audits and Investigations (IOAI), other state audit organizations, or the federal government and required to follow LAPM Section 10.1.3 A&E Consultant Audit and Review Process.
For consultant contracts, procured with local or state funds, to provide services for federal-aid projects, or to oversee or manage other consultants providing these services, the Consultant in Management Support Role process must be completed to be eligible for reimbursement. Refer to Section 10.1.9 Miscellaneous Considerations:
Retaining a Consultant as an Agency Engineer or in a Management Support Role.
DBE contract goals are not required for state-only funded contracts.
This guidance is for contracts utilizing state funds only. If any federal funds are added or reimbursed, the federal process must be followed.
Non-A&E consultant contracts reference Section 10.3: Non-A&E Contracts.
Reference: California Government Code Title 1, Division 5, Chapter 10, Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms §4525-4529.5.
10.2.2 Definition of A&E
Architectural, landscape architectural, engineering, environmental, and land surveying services includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.
Construction project management means those services provided by a licensed architect, registered engineer, or licensed general contractor. Any individual or firm proposing to provide construction project management services must provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, costbenefit analysis, claims review and negotiation, and general management and administration of a construction project.
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Environmental services mean those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws.
Reference: California Government Code §4527
10.2.3 Minimum Audit Requirements
A. Written Procedures
Local agencies shall follow the minimum requirements listed below in addition to any local laws and regulations.
Reference: California Government Code §4526
B. Conflict of Interest
The LPA must develop and maintain a written code of conduct governing the performance of its employees engaged in the award and administration of state funded contracts, including the prevention of conflicts of interest.
References:
California Government Code §4526
California Government Code §1090
California Government Code §4529.12
C. Records
Local agencies shall keep adequate records of all contracts including the procurement, project management, accounting and financial administration.
References:
California Government Code §4529.14
California Government Code §4006
D. Full & Open competition
All A&E contracts shall be procured through a qualifications-based selection utilizing open and fair competition. Evaluate at least three consultants using published evaluation criteria and rank these firms in order of preference. If less than three consultants are evaluated, provide justification for agency file.
References:
California Government Code §4526
California Government Code §4527
E. Selection Basis
Selection of a firm shall be based on qualifications and the order of ranked preference.
References:
California Government Code §4526
California Government Code §4527
F. Publication
Solicitations for A&E contracts shall be in a manner that is open and competitive.
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Reference: California Government Code §4527
G. Solicitation
The solicitations shall include published evaluation criteria to rank in order of preference. Clearly define expectations in the solicitation in order to evaluate firms.
Reference: California Government Code §4527
H. Cost Analysis
An independent cost comparison to the consultant’s cost proposal shall be done in order to ensure the contract is negotiated at a fair and reasonable price.
Reference: California Government Code §4528
I. Negotiations
Negotiations must be documented to verify a fair and reasonable contract has been executed using public funds.
Reference: California Government Code §4528
J. Audit and Review Process
A&E contracts procured by public agencies shall be subject to standard accounting practices and may require financial and performance audits. All agencies shall follow the Audit and Review Process as stated in Section 10.1.3: A&E Consultant Audit and Review Process.
Exhibit 10-A: A&E Consultant Financial Document Review Request.
Reference: California Government Code §4529.14
K. Exhibit 10-C: A&E Consultant Contract Database
Exhibit 10-C: A&E Consultant Contract Database must be completed at https://dla.dot.ca.gov/fmi/webd (please use Firefox or Chrome if not supported by your browser) prior to contract award, or after contract award but no later than the first invoice for all new state-only funded A&E consultant contracts.
If there are any changes requiring an amendment to the contract after submittal of Exhibit 10-C, the LPA must submit an updated Exhibit 10-C to https://dla.dot.ca.gov/fmi/webd/Exhibit%2010- C prior to the first invoice after the contract has been amended. Submission of Exhibit 10-C to Caltrans HQ is not required for non-A&E consultant contracts
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CA Government Code References
California GOV §1090
(a) Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. (b) An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a).
(c) As used in this article, “district” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries.
California GOV §4006
Plans, specifications, work authorizations describing work to be performed, and all other information referred to in this chapter are open to inspection and examination as a public record.
California GOV §4525
For purposes of this chapter, the following terms have the following meaning:
(a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management.
(b) “State agency head” means the secretary, administrator, or head of a department, agency, or bureau of the State of California authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services. (c) “Local agency head” means the secretary, administrator, or head of a department, agency, or bureau of any city, county, city and county, whether general law or chartered, or any district which is authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services.
(d) “Architectural, landscape architectural, engineering, environmental, and land surveying services” includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.
(e) “Construction project management” means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 for management and supervision of work performed on state construction projects. (f) “Environmental services” means those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. “Environmental services” also includes the processing and awarding of claims pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code.
California GOV §4526
Notwithstanding any other provision of law, selection by a state or local agency head for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. In order to implement this method of selection, state agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services shall adopt by regulation, and local agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services may adopt by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Furthermore, these procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837.
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In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section which would subject those employees to the prohibition of Section 87100.
California GOV §4527
In the procurement of architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services, the state agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. (a) When the selection is by a state agency head, statewide announcement of all projects requiring architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services shall be made by the agency head through publications of the respective professional societies. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria established and published by him or her, no less than three of the firms deemed to be the most highly qualified to provide the services required. (b) When the selection is by a local agency head, the agency head may undertake the procedures described in subdivision (a). In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from participating in the selection process when these employees have a relationship with a person or business entity seeking a contract under this section.
California GOV §4528
(a) When the selection is by a state agency head the following procedures shall apply:
(1) The state agency head shall negotiate a contract with the best qualified firm for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services at compensation which the state agency head determines is fair and reasonable to the State of California or the political subdivision involved.
(2) Should the state agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the agency head determines to be fair and reasonable to the State of California or the political subdivision involved, negotiations with that firm shall be formally terminated. The state agency head shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the state agency head shall terminate negotiations. The state agency head shall then undertake negotiations with the third most qualified firm. (3) Should the state agency head be unable to negotiate a satisfactory contract with any of the selected firms, the state agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this chapter until an agreement is reached. (b) When the selection is by a local agency head, the local agency head may undertake the procedures described in subdivision (a).
California GOV §4529
This chapter shall not apply where the state or local agency head determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest.
California GOV §4529.12
All architectural and engineering services shall be procured pursuant to a fair, competitive selection process which prohibits governmental agency employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities.
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California GOV §4529.14
Architectural and engineering services contracts procured by public agencies shall be subject to standard accounting practices and may require financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget.
California GOV §4529.20
This act seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are intended to apply to charter cities as well as all other governmental entities.
Federal Highway Administration Memorandum 2 CFR Part 200 Implementation Guidance 12/4/2014
Attachment A: FHWA 2 CFR Part 200 Uniform Guidance – Questions and Answers Question 21: “Will the FHWA/USDOT provide a waiver of the requirements in 2 CFR 200.317 for subrecipients to comply with State procurement requirements or other policies and procedures approved by the State (200.317)?” Answer: Yes. The USDOT requested and received an OMB waiver of the requirements in 2 CFR 200.317 concerning procurement by subrecipients. This waiver provides an exception to the requirement for all subrecipients of a state to follow the procurement requirements in Sections 200.318 through 200.326. The waiver will allow States and subrecipients to continue to use state-approved procurement procedures as they did under part 18 prior to the adoption of the Uniform Guidance.
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comply with CA Government Code (GC) 4525-4529.5, 48 Code of Federal Regulations (CFR) Part 31: Contract Cost Principles and Procedures, 2 CFR Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (excluding sections 200.318-200.326), Caltrans Local Assistance Procedures Manual (LAPM) and other applicable STATE and FEDERAL regulations.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
A&E Consultants
Requirements for LGAs that use State funding Use State requirements below Written Procedures GC4526
Conflict of Interest GC 1090, GC 4527(b), GC 4529.12
Records GC 4529.14, 4006
Full & Open Compet it ion GC 4526, GC 4527, GC 4529.12
Select ion Basis GC 4526*, 4527
Publication GC4527
Solicitat ion GC4527
Cost Analysis GC4528
Negot iations GC4528
A&I Audit & Review Process GC 4529.14, LAPM Ch. 10, 2 CFR 200 Exhibit 10-C: A&E Consultant Contract Database LAPM Ch. 10.2 •Mini Brooks Act - State regulation requiring the initial selection of engineering and architecture firms be based upon qualifications and experience rather than by price. Price is t hen later negotiated.
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Figure 10.2 State-Only Funded Procurement Criteria
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10.3 NON-A&E CONTRACTS
Scope
This section covers the procurement requirements for the services that are not included in Section 10.1 Federally Funded A&E Contracts and Section 10.2 State-Only Funded A&E Contracts. This guidance is for contracts utilizing federal-aid funds and state funds. Federal regulations refer to state and local regulations for non-A&E type contracts. Although LPAs are required to follow 2 CFR 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards for all contracts, the Procurement Standards section 200.318- 200.326 is exempt. The guidance in this section follows the established regulations in the California Public Contract Code. Depending upon the scope of work, the required contract provisions may need to include the California State Prevailing Wages.
LPA must designate one person within the LPA as a contract manager. (PCC 10348.5)
LPAs using local funds to procure non-A&E Consultants on a federal-aid funded or state-only funded project and will not seek federal or state reimbursement for consultant cost may choose not to follow the selection and contracting procedures detailed in Section 10.3 of this chapter.
Determining Non-A&E
After identifying that there is a need for consulting services, the LPA must determine that the services needed are more of a technical nature and involve minimal professional judgement and that requiring a cost proposal would be in the public’s best interest. These type of consultant services that are not directly related to a highway construction project or that are not included in the definition of engineering and design related services are considered non-A&E. The services must not be included in Section 10.2.2 Definition of A&E.
The determining factor is whether the services being procured are related to a specific construction project and whether the services require work to be performed, provided by, or under the direction of a registered engineer or architect.
Example of Determining Non-A&E
Material testing has been requested to ensure quality assurance on a construction project. The service includes only performing the material test and providing material test data. Although the service is related to a construction project, the overall service did not provide an evaluation or a discipline report. In this example, the LPA can determine that the service provided is more of a technical nature and is therefore a non-A&E service.
The following is a list of the more common non-A&E services:
• Right-of-Way Appraisal
• Right-of Way acquisition activities
• Conducting public outreach during environmental clearance or construction • Active Transportation Program educational and outreach activities • Intelligent Transportation System (ITS)
• Non-Infrastructure
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• Local Roadway Safety Plan (LRSP) associated with Highway Safety Improvement Program (HSIP)-funded projects
Intelligent Transportation System (ITS) Projects
Intelligent Transportation System (ITS) means electronic, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. ITS projects are those that in whole or in part, funds the acquisition of technologies or systems of technologies that provide significant contributions to the provision of one or more ITS user services as defined in the National ITS Architecture.
The federal-aid procurement regulations identify three possible contract procurement procedures for ITS projects including engineering and design related services (A&E), construction, and non-engineering/non-architectural (non-A&E).
If ITS projects include physical installation of field devices and/or communications infrastructure, such as new traffic signals, new controller cabinets, changeable message signs, radio and computers, vehicle detectors, and conduits for cabling in the roadway, then that work and required equipment usually meets the definition of construction. The construction contract must be procured based on competitive bidding. If the ITS project involves software development, system integration, hiring engineers and specialists for ITS design and installation support, inspection, design documentation, training and deployment, it may be considered an engineering and design services contract and the contract must be procured as an A&E consultant contract. If the scope of work is unclear as to whether it is an A&E type of work, contact [email protected] for assistance.
However, if an ITS project does not meet either the definition of construction or engineering and design services, then the contract may be considered to be a non-A&E consultant contract.
Examples of non-A&E consultant contracts are:
• The procurement of hardware and software associated with incident management system;
• Software systems for arterial and freeway management systems; • Operating the 511 traveler information service;
• Nonprofessional services for system support such as independent validation and verification, testing and specification development;
For more information regarding Intelligent Transportation Systems (ITS) Program procurement requirements, refer to LAPG Chapter 13: Intelligent Transportation Systems.
Non-Infrastructure Projects
Non-infrastructure (NI) projects are those transportation-related projects that do not involve either engineering design, Right-of-Way acquisition (for additional guidance refer to LAPM Chapter 13), or the eventual physical construction of transportation facilities.
Procurement of non-A&E consultant contracts associated with non-infrastructure projects must follow Non-A&E procurement procedures described in this chapter. For more information on NI projects, refer to LAPM Chapter 3: Project Authorization.
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Governing Regulations and Codes for Non-A&E
When procuring non-A&E services with federal-aid funds, LPAs must comply with 2 CFR 200:
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, excluding sections 200.318-200.326 Procurement Standards (reference Federal Highway Administration December 4, 2014 Memorandum Action: 2 CFR 200 Implementation Guidance, Attachment A). LPAs must follow the same policies and procedures that the State uses for procurement with its non-Federal funds. When procuring non-A&E services with federal-aid and state-only funds, the governing procurement code is Public Contract Code 10335-10381.
Procurement of Non-A&E Consultant Contracts
All non-A&E procurements contracts must be conducted in a manner providing full and open competition consistent with federal and state standards. LPA must meet the code of conduct governing the performance of its employees engaged in the award and administration of federal-aid and state-funded contracts, including the preventions of conflict of interest in PCC 10410.
The following are the fundamental rules when procuring a non-A&E consultant contract.
1. The request for proposal (RFP) must not limit the competition directly or indirectly to any one consultant. The RFP must be publicized, and all evaluation factors and their relative importance identified (PCC 10339).
2. Splitting a single transaction into a series of transactions for the purpose of evading the procurement requirements is not allowed (PCC 10329).
3. LPA must secure at least three competitive proposals for each contract. (PCC 10340) When receiving less than three proposals, refer to the Cost-Effective/Public Interest Finding in this section as an alternative to re-advertisement.
4. No proposals must be considered which have not been received at the place, and prior to the closing time as stated in the RFP (PCC 10344(a)).
5. LPA must have a written procedure for evaluating proposals (PCC 10344).
RFP Basic Requirements
There are two general types of consulting service contract solicitations:
A. Request for Proposal using Cost only
B. Request for Proposal using Cost and Qualifications
The LPA must include the following in the request for proposal:
A. A clear, precise description of the work to be performed or services to be provided.
B. Description of the format that proposals must follow and the elements they must contain.
C. The standards the agency will use in evaluating proposals. This includes qualifications and certifications if applicable.
D. The date the proposals are due.
E. The procurement schedule that the LPA will follow in reviewing and evaluating the proposals.
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(PCC 10344)
Additional Requirements and Evaluation Criteria
Additional Requirements for Request for Proposal using Cost only A. LPA must require consultants to submit their proposals and cost in a separate, sealed envelope.
B. LPA must determine those that meet the format requirements and the standards specified in the request for proposal.
C. The sealed envelopes containing the price and cost information for those proposals that meet the format requirements and standards must then be publicly opened and read.
D. Contract must be awarded to the lowest responsible consultant meeting the standards. (PCC 10344(b))
Additional Requirements for Request for Proposal using Cost and Qualifications A. LPA must include in the proposal the description of the evaluation and scoring method.
Substantial weight in relationship to all other criteria utilized must be given to the cost amount proposed by the consultant.
B. LPA must determine those that meet the format requirements specified in the RFP.
C. LPA evaluation committee must evaluate and score the proposals using the methods specified in the RFP. All evaluation and scoring sheets must be available for public inspection after the committee scoring process. Evaluation committee should comply to the prevention of conflict of interest in PCC 10410.
D. The non-A&E contract must be awarded to the consultant whose proposal is given the highest score by the evaluation committee.
(PCC 10344(c))
When using RFP (Cost and Qualifications), the criteria used to evaluate the consultant’s proposals must have a logical foundation within the scope of work or within other technical requirements contained in the RFP. Each criterion must have a weight or level of importance, and it is recommended that total possible score for the evaluation criteria be one hundred (100) points. The proposed cost should be at least thirty percent (30%) of total points in evaluation criteria.
An example RFP for non-A&E is provided on the Local Assistance website at https://dot.ca.gov/- /media/dot-media/programs/local-assistance/documents/ae/files/rfp-example-non-ae.docx and may be modified.
Submission of Exhibit 10-C: A&E Consultant Contract Database to Caltrans HQ is not required for non-A&E consultant contracts.
Consultant’s Proposal
The consultant’s proposal should include the following information:
• Consultant Project Manager – qualifications, roles and responsibilities.
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• Methodology - description of work and overall approach, specific techniques that will be used and specific administrative and operations expertise to be used. • Workplan and Work Schedule - the technical proposal should include activities and tasks, and their delivery schedule.
• Personnel - List of personnel who will be working on the project, and their resumes. • Facilities and resources (If applicable) - Explanation of where the services will be provided and what type of equipment is needed to perform services. • Sub-contracts - Identify all sub-contracts that are to be used, description of each and the work by each sub-consultant/sub-contractor. No work must be subcontracted unless listed in the technical proposal. Sub-consultant resumes should be provided. • References - The technical proposal should provide at least three (3) clients for whom the proposer has performed work of similar nature to the request.
Cost Proposal Worksheet
The RFP should provide a standard format for cost proposal that all proposers must include in their proposal. The cost proposal format can be broken down by specific tasks, showing hourly labor rates, level of effort and material, and/or by milestones and deliverables.
LPA is not required to award a contract if it is determined that the contract price is not reasonable (PCC 10340(c)).
DBE Consideration
DBE consideration is required on all federal-aid funded contracts including non-A&E.
Administrative Requirements
Advertisement for RFPs may be through the LPA website, local publications, and national publications. Minimum solicitation time is 14 calendar days. The solicitation should inform potential qualified consultants that questions must be submitted in writing to the Agency Contract Manager/Administrator by a specified date and time. All pertinent technical information and answers to consultant’s questions must be provided to all potential consultants. Written responses to all questions will be collectively compiled and provided as an addendum.
A proposal may be considered nonresponsive and rejected without evaluation if all required information is not provided. Proposals without information regarding, or not meeting, the required DBE utilization goal or without a Good Faith Effort documentation (see Exhibit 15-H:
Proposer/Contractor Good Faith Efforts), late submittals, submittals to the wrong location, or submittals with inadequate copies are considered nonresponsive and must be rejected.
Submittal of additional information after the due date must not be allowed. Documentation of when each proposal was received must be maintained in the project files. Copies of date stamped envelope covers or box tops are recommended.
No consultant who has been awarded a consulting service contract may be awarded a subsequent contract for the services or goods which are required as an end product of the consulting service contract, unless the subcontract is no more than 10 percent of the total monetary value of the consulting services contract. Excludes A&E contracts. (PCC 10365.5)
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Contracts may be modified or amended only if the contracts so provide. Amendments must be requested and executed prior to the termination date of the most recently approved original or amended contract. All records of contract activities must be kept for three years after federal final voucher E-76 or state final voucher for State-Only funds. Costs are reimbursable after state allocation by the California Transportation Commission (CTC) and/or the issuance of the federal E-76. The per diem rate must not exceed the state rate. Contract Managers are responsible for monitoring expenditures on all contracts and verifying categories of work that require prevailing wage. A person in Responsible Charge of contract management is required for all federally funded projects.
Oral Presentations Optional
When oral presentations are required by the LPA, the evaluation criteria must include factors/sub-factors and weights used to score the proposers performance at the oral presentation. The evaluation committee will only be able to score each proposer based upon these criteria. The Contract Manager/Administrator should develop a set of questions related to the scope of work or the project to be asked during the evaluation committee question and answer (Q & A) section of the oral presentations. All proposers are asked the same questions for consistency.
The committee must also evaluate reference checks and other information gathered independently. Reference checks must be completed, and other information gathered before the interviews are conducted. If necessary, the results of the reference checks or other information may be discussed with the highest ranked qualified consultants at the interviews.
Cost-Effective / Public Interest Finding
A minimum of three proposal must be evaluated to establish effective competition. Any agency that has received less than three proposals on a contract must document the names and addresses of the firms or individuals it solicited for proposals. Prepare an explanation as to why less than three proposals were received. When only two proposals are received, a justification must be documented to proceed with the procurement. When only one proposal is received, a Non-Competitive process must be justified and a Public Interest Finding (PIF) (Exhibit 12-F:
Cost-Effective/Public Interest Finding/A&E Noncompetitive) must be documented. In either case, the re-advertisement of the RFP should be considered as an option. Retain document as supporting documentation in the contract file.
(PCC 10340(c))
Protest / Appeals / Reinstatement Procedures
Both state and federal regulations require well-defined protest/reinstatement procedures. It is essential that the procedures include a reasonable opportunity for the prospective consultant to present his/her case. The appeals procedures strengthen the process by which the contracting agency reaches its ultimate goal and helps defends its action against a claim of lack of due process. A termination clause and a provision for settlement of contract disputes are required.
Protest procedures and dispute resolution processes should be in accordance with PCC 10345.
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10.4 A&E OVERSIGHT PROGRAM AND PROCESS REVIEW
General
The A&E Oversight Branch is responsible for the oversight of consultant contracts procured by LPAs complying with federal regulations 23 CFR 172 and 23 USC 112, and state regulations California Government Code 4525.
For locally administered federal-aid highway projects, A&E consultant contract oversight reviews will be performed by Caltrans’ Local Assistance A&E Oversight Engineers (A&EOEs). DLAE staff should participate in the reviews.
Type of Reviews
The purpose of A&E consultant contract oversight reviews is to verify LPA compliance with federal and state consultant contract administration requirements. A risk-based approach has been identified by the A&E branch to aid LPAs with compliance that includes requiring agencies to complete and submit Exhibit 10-C prior to contract award, or after contract award but no later than the first invoice. The objective is to create a database documenting all consultant contracts and to perform process reviews on a sample of contracts for the annual performance measures report.
Although the risk-based approach is the submittal of Exhibit 10-C via the database, a process review may be conducted on projects for reporting purposes and to determine accuracy of Exhibit 10-C information.
Exhibit 10-C Review
The purpose of the Exhibit 10-C database is to provide oversight and guidance to an LPA regarding consultant contract administration on a federal or state funded project prior to the award of the contract. The database includes items considered critical for compliance with federal and state regulations.
Subsequent process reviews may be performed on selected state and/or federal projects requiring a greater degree of oversight if deemed necessary for agencies with a noncompliance history.
The following factors may be used when selecting projects for subsequent review:
• LPAs with identified deficiencies during an Incurred Cost Audit • Projects administered by agencies with previous sanctions/findings • Lack of experienced/trained LPA personnel
• Request by LPA or DLAE for additional assistance
During subsequent process reviews, the A&EOE will meet with the LPA's consultant contract administration team and discuss project record documentation requirements using the Exhibit 10-C database. The timing of these types of reviews is targeted for pre-advertisement, prenegotiations, and pre-award of the consultant contract. This will allow for any changes to take place prior to execution or termination of negotiations for re-advertising. The A&EOE will also explain new policies or procedures, discuss available training, and highlight common problem areas and the means to avoid them.
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Review Findings and Deficiencies
Caltrans will not be involved in most project level reviews and approval activities. Instead, the Process Review as outlined in this section is Caltrans’ primary method of ensuring that federal and state requirements are met. During a Process Review of an LPA’s project files, errors and/or deficiencies that may violate federal or state law or regulation could be found. If that happens, federal and/or state funds may be withdrawn from a project depending on the severity and circumstance of the deficiency, as well as the possibility of jeopardizing future federal and/or state funding opportunities for the agency’s other projects.
It is important to note that the formal process review is not the only method of discovering project deficiencies. Errors or deficiencies are discovered occasionally as part of the normal routine of processing project submittals by DLAEs or DLA Area Engineers.
Review findings from any subsequent reviews will be forwarded to the LPA and the DLAE within five business days. Deficiencies identified during a review may require development of a corrective action plan by the LPA in consultation with the District within 30 calendar days of receipt of the deficiency notification, unless the agency disagrees with the deficiencies identified and appeals the decision as discussed below.
A list of common A&E consultant procurement-related deficiencies is found at the A&E website.
These examples, not all-inclusive, should assist LPAs with knowing common deficiencies found in the past and the possible ramifications for those errors and deficiencies. The key to avoiding possible sanctions is to follow the procedures outlined in this chapter and other appropriate policies and guidelines, and if you have any questions, to consult your DLAE.
Corrective action plans, if required, will identify actions the LPA will take to address each deficiency noted. Corrective actions may include the following: Re-advertising, modifications of LPA policies and procedures, and participation in training to address systemic related deficiencies. Project specific issues may require additional measures to remedy deficiencies to ensure compliance with federal and state requirements and ensure reimbursement eligibility.
Corrective action plans must also include timelines for each action to be implemented. Failure to provide and implement corrective actions may result in sanctions or federal/state ineligibility notices against the project or LPA, and could prevent federal or state participation in all or a portion of the project.
In the event the LPA disagrees with the deficiencies identified, the LPA will have 30 calendar days from receipt of the deficiency notification to submit their written request for appeal in accordance with the DLA’s Local Agency Dispute Resolution Process. If the appeal is denied, the LPA will have 30 calendar days from receipt of the decision to submit their corrective action plan.
The Dispute Resolution Process provides a means for the LPA to appeal a sanction that they feel has been imposed upon them unfairly or they feel the penalty is too harsh for the error or deficiency. This appeal process is not limited to just the appeal of sanctions; it can be used by LPAs when they disagree with the decision, they receive from a district office.
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10.5 SANCTIONS
Depending on the severity and circumstances of the deficiencies which may require sanctioning by Caltrans, the DLA or DLAE may impose one of the following sanctions:
• Freeze on all future programming of federal or state funds until corrective action is implemented
• Freeze progress payments for a federal-aid project until the project’s deficiency is corrected
• Percentage of federal or state funds for a project withdrawn • All federal or state funds withdrawn from a project
The DLAE will be responsible for notifying the LPA of sanctions imposed. Whether or not sanctions are imposed against an LPA, the LPA will be expected to develop a corrective action plan and implement it to correct the deficiencies. LPAs will be given adequate time to develop and implement their action plan. Failure to correct the deficiencies in a timely manner will be grounds for imposing additional sanctions
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SR-22-029
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 15, 2022
Department: Police Department
Prepared by: Steven Shaw, Deputy Police Chief
Subject: Ordinance Prohibiting the Unlawful Possession of Catalytic Converters in the City of Desert Hot Springs
RECOMMENDATION:
Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, adding Chapter 8.55 "Catalytic Converters" to the Desert Hot Springs Municipal Code establishing regulations prohibiting the unlawful possession of catalytic converters in the City" BACKGROUND:
The theft of catalytic converters has increased significantly in cities across California and the nation.
Catalytic converter theft is popular because of the value of precious metals contained within the catalytic converter, the ease of removing the catalytic converter from a vehicle, and the ease of selling the item to a scrap metal dealer for cash. Catalytic converters do not have serial numbers so if an individual is in possession of a catalytic converter and stopped by the police, it is very difficult for the officer to prove the item is stolen and take enforcement action. The Desert Hot Springs Police Department investigated nine (9) catalytic converter thefts in 2021, (9) catalytic converter thefts in 2020, and twenty-six (26) catalytic converter thefts in 2019.
DISCUSSION:
Cities across the nation have experienced an increase in catalytic converter thefts due to the ease of obtaining and selling the items. Catalytic converter thieves move across jurisdictional lines and in many cases are committing other crimes such as auto theft. Catalytic converter theft is challenging for law enforcement because of the lack of serial numbers or other identifying information on a catalytic converter which can positively identify the item as stolen.
An individual stopped by police while possessing a catalytic converter does not need to show proof of ownership, and unless the officer can identify a victim who then must be able to positively identify the catalytic converter as theirs, may have to release the individual along with the catalytic converter. In addition to the possession of a catalytic converter there is no enforcement mechanism for the scrap dealer or recycling center that buys the catalytic converter for an additional profit of the precious metals.
There is currently no City, State, or Federal legislation applicable to define and punish the possession, recycling, or sale of unlawfully obtained catalytic converters. The ordinance as proposed will help protect the citizens of Desert Hot Springs and assist law enforcement by establishing a zero tolerance policy and enforcement tool for catalytic converter theft, establish sanctions for possessing stolen
SR-22-029
catalytic converters, prevent offenders from profiting from the sale of catalytic converters and prevent recycling centers from purchasing unlawfully obtained catalytic converters, provide indirect justice to the victims of catalytic converter theft, reduce Part 1 crime statistics which have been negatively impacted by catalytic converter thefts, and minimize the fiscal and personnel impact invested by the City of Desert Hot Springs in deterring and investigating catalytic converter thefts.
FISCAL IMPACT:
None
ENVIRONMENTAL ANALYSIS:
This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).
ATTACHMENTS:
Exhibit 1 - Ordinance re Catalytic Converters
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, ADDING CHAPTER 8.55 “CATALYTIC CONVERTERS” TO THE DESERT HOT SPRINGS MUNICIPAL CODE
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL
POSSESSION OF CATALYTIC CONVERTERS IN THE CITY
WHEREAS, the citizens of Desert Hot Springs have seen approximately fifty (50) catalytic converter thefts in the past three (3) years from automobiles over the past several years; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Desert Hot Springs to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there are currently no City, State, or Federal legislation applicable within the City of Desert Hot Springs requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement ability to protect the public by preventing catalytic converter thefts and preventing law enforcement from seizing suspected stolen catalytic converters when no victim present; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing the thefts in a matter of seconds using common tools such as a reciprocating saw, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter, and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and
WHEREAS, finding a victim of these crimes is nearly impossible due to the undetectable nature of the catalytic converter thefts and catalytic converters being untraceable to link back to a victim (no identifying markers on the catalytic converters); and
WHEREAS, due to lack of legislation defining and prosecuting these thefts, 99% of all catalytic converter theft cases in the City of Desert Hot Springs have gone unsolved, which is fundamentally unacceptable for the citizens of the City of Desert Hot Springs; and
WHEREAS, the citizens of Desert Hot Springs and the Desert Hot Springs Police Department are in need of legislation for multiple reasons including, but not limited to:
(1) deterrence by establishing zero-tolerance for catalytic converter thefts, (2) sanctions for possessing stolen catalytic converters, (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to the victims of catalytic converters whose cases will go unsolved, (5) reducing crime statistics which have been substantially negatively impacted by catalytic converter thefts, and (6) minimizing the fiscal and personnel impact on the City of Desert Hot Springs invested in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community; and WHEREAS, this Ordinance is necessary to provide the City of Desert Hot Springs Police Department clearly established legal authority to protect the public and deter this criminal activity.
NOW, THEREFORE, the City Council of the City of Desert Hot Springs DOES HEREBY ORDAIN as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Chapter 8.45 “Unlawful Possession of a Catalytic Converter” shall be added to the Desert Hot Springs Municipal Code to read as follows:
Chapter 8.45 UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER
8.45.010. Title
This chapter shall be referred to as the “Unlawful Possession of a Catalytic Converter.”
8.45.020. Definitions
A. For purposes of this chapter “lawful possession” includes being the lawful owner of the catalytic converter or in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
B. For purposes of this chapter, documentation or other proof means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types: bill of sale from the original owner with photographs, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop, verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, photographs of the vehicle from which the catalytic converter originated, vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of “documentation or other proof” is based on the totality of the circumstances.
8.45.030. Unlawful Possession of a Catalytic Converter.
It shall be unlawful to possess any catalytic converter that is not attached to a
vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.
8.45.040. Violations
A. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Desert Hot Springs Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
B. Each and every violation of this section may, in the discretion of the District Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $500 or imprisonment in the county jail for a period of not more than 12 months, or by both such fine and imprisonment.
C. The remedies provided herein are not to be construed as exclusive remedies.
The City is authorized to pursue any proceedings or remedies provided by law.
SECTION 3. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided by law.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ____day of __________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________________ ______________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_________________________________
Jennifer Mizrahi, City Attorney
SR-22-038
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 15, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: February 1, 2022 RECOMMENDATION:
Approve the Minutes as presented; or as corrected.
ATTACHMENTS:
Draft City Council Regular Meeting Minutes - February 1, 2022
City of Desert Hot Springs
DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, February 1, 2022
Via Video-Conference
CLOSED SESSION - 5:00 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 5:00 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
PUBLIC COMMENTS
None.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)Name of case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et seq; Superior CourtRiverside; Case No. CVPS2104940
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining to a certain person who has threatened litigation against the City, although no formal claim or action has been filed.
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov Code 54957(b))
Title: City Manager
City Council
February 1, 2022
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:05 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
INVOCATION
Council Member Pye gave the Invocation.
PLEDGE OF ALLEGIANCE
Council Member Nuñez led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action and that the City Council would be continuing the Closed Session following the Open Session.
APPROVAL OF AGENDA
ACTION: Approve the February 1, 2022 Regular Meeting agenda and approve the Consent Calendar in its entirety.
Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
PUBLIC COMMENTS
1) Lloyd Queen expressed concern regarding the bridge on Palm Drive and Mission Lakes Boulevard.
2) Walker Beverly spoke regarding short term vacation rentals.
City Council
February 1, 2022
CITY MANAGER REPORT
Luke Rainey, City Manager, introduced the new Human Resource Manager, Martin Pinon.
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided an update regarding “no dumping” signs, Dollar General, and gas line upgrades.
Roberta Crncic, Executive Program Director, announced Little League sign-ups.
MAYOR AND COUNCIL MEMBER REPORTS
Council Member Nuñez reported on the various meetings and events he attended.
Mayor Pro Tem Gardner reported on the various meetings and events he attended.
Council Member Betts reported on the various meetings and events he attended.
Council Member Pye reported on the various meetings and events she attended.
Mayor Matas reported on the various meetings and events he attended.
ADMINISTRATIVE CALENDAR:
6. Contract Budget Adjustment – AMS Connection
Staff Report – SR-22-025 – Pdf
Recommendation:
Authorize the City Manager to increase the approved Professional Services Agreement with AMS Connection by $113,405.65 to an amount not to exceed $ 342,259.79 for additional equipment, technology, and fire safety improvements for the Police Department Dispatch Center.
Nicholas Haecker, Public Works Director, presented the Staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
City Council
February 1, 2022
7. Update to the Parks and Recreation Master Plan
Staff Report - SR-22-026 - Pdf
Recommendation:
Consider approving the Parks Committee recommendation that the City Council authorize Staff to issue a Request for Proposal (RFP) to hire a consultant to work with Staff and the Parks Committee on updating the City's Parks and Recreation Master Plan for City Council approval.
Daniel Porras, Assistant City Manager, presented the Staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Pye
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
8. Discussion Item: Proposed Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City Staff Report - SR-22-024 - Pdf
Recommendation:
Consider placement of an item on the February 15, 2022 agenda regarding "Introduction and First Reading of an Ordinance establishing regulations prohibiting the unlawful possession of catalytic converters in the City." ACTION: Approve placement of an item on the February 15, 2022, agenda.
Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:
9. City Council Regular Meeting Minutes: January 18, 2022 Staff Report - SR-22-027 - Pdf
ACTION: Approved the Minutes as presented.
10. Second Reading and Adoption of an Ordinance Amending Chapter 17.240 "Rancho Descanso, AMD. No. 1" to Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Amend Zoning Standards for the Rancho Descanso, AMD. No. 1 Area (Formerly Called Aventura Palms II) Staff Report - SR-22-018 - Pdf
City Council
February 1, 2022
ACTION: Adopted Ordinance No. 745: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 17.240 "Rancho Descanso, AMD. No. 1" to Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Amend Zoning Standards for the Rancho Descanso, AMD.
No. 1 Area (Formerly Called Aventura Palms II)."
11. Second Reading and Adoption of An Ordinance 1) GPA No. 21-2 Amending the General Plan Designation on Six (6) Properties Within the City; 2) ZC No. 21-1 Changing the Zoning Designation on Six (6) Properties Within the City; 3) GPA No. 21-2 Amending Certain Sections of Chapter 17.16 "Industrial Districts" for Future Industrial Development, and 4) Adopting a GPU EIR Addendum
Staff Report - SR-22-022 - Pdf
ACTION: Adopted Ordinance No. 746: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) GPA No. 21-2 Amending the General Plan Designation on Six (6) Properties Within the City; 2) ZC No. 21-1 Changing the Zoning Designation on Six (6) Properties Within the City; 3) GPA No. 21-2 Amending Certain Sections of Chapter 17.16 "Industrial Districts" for Future Industrial Development, and 4) Adopting a GPU EIR Addendum."
12. Second Reading and Adoption of An Ordinance Amending Chapter
17.180 "Marijuana Facilities Operation and Location" Text in Order to Harmonize the Text With the Approved Land Use Tables Adopted by Ordinance 712 in May 2020 While Updating the Zoning for the 2020 General Plan Amendment
Staff Report - SR-22-019 - Pdf
ACTION: Adopted Ordinance No. 747: “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.180 "Marijuana Facilities Operation and Location" text in order to harmonize the text with the approved Land Use Tables adopted by Ordinance 712 in May 2020 while updating the zoning for the 2020 General Plan Amendment."
13. Second Reading and Adoption of An Ordinance Amending Chapter 17.84 "Development Agreements" Text in Order to Harmonize the Text with the Approved "Review Authority" Table 17.64.01 Adopted by Ordinance 712 in May 2020 While Updating the Zoning for the 2020 General Plan Amendment
Staff Report - SR-22-020 - Pdf
ACTION: Adopted Ordinance No. 748: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.84 "Development Agreements" text in order to harmonize the text with the approved "Review Authority" Table 17.64.01 adopted by Ordinance 712 in May 2020 while updating the zoning for the 2020 General Plan Amendment."
City Council
February 1, 2022
14. Second Reading and Adoption of An Ordinance 1) Adding Section
16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in Order to Comply With Senate Bill 9
Staff Report - SR-22-021 - Pdf
ACTION: Adopted Ordinance No. 749: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Adding Section 16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in order to comply with Senate Bill 9."
PUBLIC COMMENTS
None.
ADJOURN
The City Council adjourned to Closed Session at 6:59 P.M.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
ADJOURN
The meeting was adjourned at 8:32 P.M.
Jerryl Soriano, CMC, City Clerk