La Mesa City Council
April 8, 2025

LA MESA CITY COUNCIL
AGENDA

A Regular Meeting

Date: Tuesday, April 8, 2025, 6:00 p.m.

Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:

Mayor Mark Arapostathis
Vice Mayor Patricia N. Dillard
Councilmember Lauren Cazares
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:

The public may view the meeting live using the following remote options:

Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.

PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
How to submit eComments: eComments are available once an agenda is published.

Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 3700 characters (approximately 500 words). eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time.
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PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot be combined or yielded to another speaker. *Live Remote Public Comment ONLY permitted during Councilmember teleconferencing pursuant to California Government Code Section 54953 (AB 2449).
*Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.

Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.

ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].

Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.

Pages

1. CALL TO ORDER

1.1 INVOCATION - COUNCILMEMBER CAZARES

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS

3. COMMUNITY BULLETIN REPORTS

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA

5. PRESENTATIONS

5.1 SAN DIEGO COMMUNITY POWER PRESENTATION ON 2025 RATES,

POWER PROCUREMENT, AND PROGRAM OFFERINGS

5.2 PRESENTATION OF THE LA MESA BOULEVARD COMPLETE
STREETS PLAN, SEGMENT 2
1 5.3 PROCLAIMING APRIL 25, 2025 AS ARBOR DAY

5.4 PROCLAIMING THE MONTH OF APRIL AS ART, CULTURE, AND

CREATIVITY MONTH

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.

If appropriate, the item will be referred to Staff or placed on a future agenda.

7. CONFLICT DISCLOSURES

8. BOARD AND COMMISSION INTERVIEWS

8.1 INTERVIEW OF APPLICANTS FOR THE UNSCHEDULED VACANCY

ON THE MOBILITY COMMISSION
24 9. BOARD AND COMMISSION APPOINTMENTS

9.1 RESOLUTION APPOINTING A MEMBER TO FILL THE VACANCY ON

THE LA MESA COMMUNITY PARKING COMMISSION
27 10. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.

11. CONSENT CALENDAR
(Items 11.1 through 11.7)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.

Recommended Motion:

Approve Consent Calendar Items 11.1 through 11.7.

11.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT

OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:

Approve.

11.2 APPROVE THE MINUTES FOR THE CITY COUNCIL REGULAR
MEETING HELD TUESDAY, MARCH 25, 2025
31 Recommended Motion:

Approve.

11.3 APPROVAL FOR VICE MAYOR DILLARD AND COUNCILMEMBER

LOTHIAN TO ATTEND THE CALIFORNIA FOR THE ARTS SUMMIT

AND ARTS ADVOCACY DAY IN SACRAMENTO, CALIFORNIA, FROM
APRIL 22 THROUGH APRIL 23, 2025
38 Staff Reference: Mr. Humora
Recommended Motion:

Approve.

11.4 RESOLUTION APPROVING AN ASSIGNMENT AGREEMENT WITH

PARTNER INSIGHTS, LLC FOR INDEPENDENT POLICE AUDITOR

SERVICES IN SUPPORT OF THE COMMUNITY POLICE OVERSIGHT
BOARD
40 Staff Reference: Mr. Dedmon
Recommended Motion:

Adopt Resolution.

11.5 RESOLUTION AWARDING A TASK ORDER TO CHAMBERS GROUP, INC. FOR ENVIRONMENTAL SERVICES FOR THE INDUSTRIAL

AREA ROADWAY IMPROVEMENTS PROJECT
45 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

11.6 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE 2023

PROJECT LABOR AGREEMENT BETWEEN THE CITY OF LA MESA

AND THE SAN DIEGO BUILDING AND CONSTRUCTION TRADES

COUNCIL AND SIGNATORY CRAFT UNIONS
56 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

11.7 GRANT APPLICATION FOR LA MESA BOULEVARD COMPLETE

STREETS GATEWAY ROUNDABOUT
114

RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT

APPLICATION TO THE SAN DIEGO ASSOCIATION OF

GOVERNMENTS (SANDAG) SMART GROWTH INCENTIVE

PROGRAM TO FUND THE LA MESA BOULEVARD COMPLETE

STREETS GATEWAY ROUNDABOUT, AND IF AWARDED,

ACCEPTING AND APPROPRIATING FUNDS FOR THE PROJECT
Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

12. COUNCIL INITIATED

12.1 CONSIDERATION OF CHANGING THE NAME OF THE

DEPARTMENT OF COMMUNITY SERVICES TO THE DEPARTMENT

OF PARKS AND RECREATION AND THE COMMUNITY SERVICES

COMMISSION TO THE PARKS AND RECREATION COMMISSION -

MAYOR ARAPOSTATHIS AND COUNCILMEMBER SUZUKI
122

13. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

14. AB 1234 REPORTS (GC 53232.3 (d))

15. CITY ATTORNEY REMARKS

16. ADJOURNMENT

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: April 8, 2025
SUBJECT: PRESENTATION OF THE LA MESA BOULEVARD
COMPLETE STREETS PLAN, SEGMENT 2
ISSUING DEPARTMENT: Public Works
SUMMARY:

Recommendation:

Receive a presentation on La Mesa Boulevard Complete Streets Plan, Segment 2 and provide comments to Staff.

Fiscal Impact:

None at this time. Final design and construction activities are contingent on grants and other sources of funding yet to be determined. Adoption of the Segment 2 plan makes the project eligible and more competitive for grant funding.

City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.  Promote a high quality of life that current and future generations can afford to call home.
 Invest in infrastructure to serve the needs of the community.

Climate Action Plan Reduction Strategy:
 T-1 Bicycle and Pedestrian Infrastructure – Encourage active transportation options through planning and development of safe active transportation infrastructure and facilities in the City.
 T- 4 Mixed-Use and Transit Oriented Development – Encourage mixed-use and transit-oriented development to support alternative transportation opportunities and reduce vehicle miles traveled.

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 2 of 4
 GI-1 Urban Forest Master Plan – Support natural carbon sequestration opportunities through continued development and maintenance of a healthy, vibrant urban forest.

BACKGROUND:

Consistent with the City goals mentioned above and the adopted Vision Zero Plan, the City of La Mesa invests in its transportation corridors to maintain its infrastructure, improve corridor safety, and encourage economic development. The City has made significant investments in the following corridors over the past 30 years: Downtown Village, University Avenue, Junior High Drive, North Spring Street, Civic Center, Normal Avenue, El Cajon Boulevard, and Fletcher Parkway.

The City of La Mesa received an SB-1 Sustainable Communities grant from the State of California, Department of Transportation (Caltrans) to develop the La Mesa Boulevard Complete Streets Plan, Segment 2. This visionary plan is intended to provide a framework for the redevelopment of last century’s auto-centric corridor into a thriving mixed-use active transportation corridor that maximizes the use of walking, biking, micro-mobility and transit, and can serve as a model for the redevelopment of other established corridors within the City.

DISCUSSION:

The La Mesa Boulevard/Grossmont Center Drive corridor between Jackson Drive and Center Drive is located along MTS Route 852 and within a mile of both the La Mesa Boulevard trolley station and the Fletcher Parkway/Grossmont Transit Center and has been identified as Smart Growth Opportunity Area by the San Diego Association of Governments. The specific limits of the corridor are along La Mesa Boulevard between Jackson Drive and Interstate 8, and changes name to Grossmont Center Drive and continues north to Center Drive.

Key features include the incorporation of enhanced transit stops along MTS Route 852 with direct access to the San Diego Trolley at La Mesa Boulevard and Grossmont Transit Stations, as well as construction of roundabouts along the corridor at key intersections.

Safe and inviting public spaces, streetscape, water quality and other sustainability enhancements are also envisioned as part of the program.

Staff provided public outreach to both the public and numerous stakeholders. Public outreach included the creation of a project website, fact sheets, social media, two rounds of public surveys, public meeting events, commission meetings, and a public workshop.

The following is a summary of key feedback received:

1. Adding more pedestrian crossings.

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 3 of 4

2. Creating bike lanes with physical barriers.

3. Slower moving cars.

4. Consideration of roundabouts.

On March 6, 2024, City staff met with the Mobility Commission who provided the following suggestions:

1. Change “reverse” to “drive in” angled parking.

2. Stress importance of proper bike lanes for both the inside and outside buffers to protect against both moving vehicles and vehicles opening their doors while parked.

3. Identified concern with driveway conflict points along class four bike facilities.

4. While supportive of roundabouts, they recommended a phased approach to get the community comfortable with this concept.

On April 15, 2024, City staff met with the Environmental Sustainability Commission who provided the following suggestions:

1. Consider additional green space.

2. Expressed support for Class IV bike facilities and roundabouts.

3. Stressed the importance of the plan helping the City to meet climate goals.

When completed, the project will provide a road map for the pursuit of design and construction funding and environmental approvals. As it progresses, continuing community outreach and education regarding the benefits of active transportation and Smart Growth will occur. After the presentation and review of comments provided at the meeting, Staff will bring-back the plan for adoption at a future City Council meeting.

CONCLUSION:

Staff recommends that the City Council provide comments on the La Mesa Boulevard Complete Streets Plan, Segment 2.

Reviewed by: Respectfully submitted by:
____________________ __________________ _________
Greg Humora Michael Throne, PE
City Manager Director of Public Works

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 4 of 4
_____________________
Michael Kinnard, PE
Engineering Project Manager

La Mesa Blvd Complete Streets Plan – Segment 2
Presentation | City Council

2

2 3

PROJECT OVERVIEW
 $380,000 Caltrans Sustainable
Communities grant
 Transform La Mesa Blvd into a Complete
Street
 Improve corridor safety
 Enhance connections to key destinations
including transit amenities, Sharp Health
Care, Grossmont Center Drive, and more

4 KEY BIG IDEAS
 Consistency with the CAP
 Reducing exposure times for pedestrian and bicycles
 Balancing modes
 Equitable use for everyone
 Maintain parking and add parking where possible

77 EXISTING MIXED USE OVERLAY ZONE

8 PUBLIC OUTREACH AND ENGAGEMENT
 Project Website
https://www.cityoflamesa.us/1754/La-Mesa-Boulevard-Complete-Streets-Segme  Project Fact Sheet
 Social Media Posts / 4300 followers
 Public Notices and Mailers
 Focus Groups / 5 Meetings
 Public Survey / 480 responses
 Pop-Ups
 La Mesa Village Farmers’ Market
 La Mesa Oktoberfest
 Public Workshop (October 30, 2023)

9 TOP RESPONSES
9 1. People drive too fast

2. Difficulty finding parking

3. Difficulty crossing the street when I’m walking

4. Too much congestion and traffic
Top Responses:
• More traffic management
• Increased pedestrian walkability
• Separate, protected bike lanes
• Shorter street crossing distances
 What challenges do you encounter when you come here?
 I would like to see…
• Street trees, beautification, landscaping
• Easier parking, curb management
• Slower car traffic
• Better, improved access

10 TRAFFIC VOLUMES
Blue – Existing Average
Daily Traffic (ADT)
“Vehicles per Day”
Roadway Level of Service
A-C
D
E
F
Daily Traffic Volumes Page 12 of 122
11 C
CC
C
C
C
C
S
C
C
C
C
C
C
V
C
C
C
C
C
C
S
C
C
C
C
VC
VC
C
C
C
C
V
C
C
C
C
S
C
C
SAFETY
 42 Collisions  3 Severe Injuries  4 Ped Related Injuries  2 Bicycle Related Injuries

1212

KEY PROJECT SEGMENTS

1313

EXISTING

PROPOSED

JACKSON DR TO GROSSMONT BLVD

16 ROUNDABOUT CONCEPTS
Jackson Drive and
La Mesa Boulevard
Wilson St/Garfield St

1717

EXISTING

PROPOSED

GROSSMONT BLVD TO HAWLEY AVE

1818

EXISTING

PROPOSED

HAWLEY AVE TO MURRAY DR

1919

EXISTING

PROPOSED

HAWLEY AVE TO MURRAY DR

2020

EXISTING

PROPOSED

HAWLEY AVE TO MURRAY DR

2121

EXISTING

PROPOSED

MURRAY DR TO CENTER DR

2424

CORRIDOR

RECOMMENDATION

27 NEXT STEPS
Implementation:
 Look for funding opportunities
Future City Council Meeting
 Adopt a resolution for the approval of the La Mesa Boulevard Complete Streets Plan, Segment 2
Feedback/Comments/Questions?

DATE: April 8, 2025
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: INTERVIEW OF APPLICANTS FOR THE UNSCHEDULED VACANCY

ON THE MOBILITY COMMISSION
Attached are applications from citizens seeking appointment to fill the unscheduled vacancy on the Mobility Commission. The applicants have been invited to attend the meeting and give a brief, three-minute presentation on their qualifications and interest in serving.

The City Clerk will call the applicants forward for their interview. Following the presentations, you will have the opportunity to ask questions if desired.

The appointment will be made at the City Council meeting on April 22nd.

Attachment

Mobility Commission: 1 position – four-year term
One appointee will fill the vacancy with term expiring June 30, 2028.

All Members must be resident electors of the City of La Mesa and are subject to the Conflict of Interest Code. Of the seven voting members, five shall be members of the general public. One member shall preferably have experience as a vulnerable road user, who frequently walk, ride a bicycle, or use another vulnerable non-car mode of transportation. One member shall preferably have significant experience with climate or environmental issues.

First Appointed Terms
Philip Cavello
Emma McClees

THE APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

DATE: April 8, 2025
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION APPOINTING A MEMBER TO FILL THE VACANCY ON

THE LA MESA COMMUNITY PARKING COMMISSION
On March 25th, the City Council interviewed an applicant who was interested in being appointed to fill the vacancy on the City’s Community Parking Commission. At the Council meeting on April 8th, the Mayor will make the appointment with the approval of the Council.

Attached is a brief description of the requirements, the number of openings, and the name of the applicant seeking to be appointed.

Staff recommends the Mayor make the appointment to fill the vacancy, with the approval of the Council, and adopt the attached resolution confirming the appointment.

Attachments

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPOINTING

A MEMBER TO FILL THE VACANCY ON THE LA MESA COMMUNITY PARKING

COMMISSION
___________________________________________________________________ WHEREAS, a position on the City of La Mesa Community Parking Commission is vacant; and
WHEREAS, the person below has been recommended to the City Council for appointment to said City of La Mesa Commission.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the following is hereby appointed as a member of the City of La Mesa Community Parking Commission, with their term to commence after the oath or affirmation of allegiance for public officers or employees is executed as required by Article XX, Section 3 of the Constitution of the State of California, and to expire on the dates stated below, or until their successor is appointed and qualified:

La Mesa Community Parking Commission: 1 appointment
Jacqueline Bougie is appointed to fill the vacant seat with term ending June 30, 2028.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 8
th day of April 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2025- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

La Mesa Community Parking Commission: 1 position – four-year term One position represents the general population (G) with term expiring June 30, 2028
Two members shall be at-large members and three members shall be business representatives, property owners, or residents residing in the CD/D Downtown Commercial Zone. Members are subject to the Conflict of Interest Code.

First Appointed Terms
Jacqueline Bougie (G)

THE APPLICATION IS AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

1 La Mesa City Council
Minutes of a Regular Meeting
Date:

Location:

March 25, 2025, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California

Present: Mayor Mark Arapostathis
Vice Mayor Patricia N. Dillard
Councilmember Lauren Cazares
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
Staff: City Manager Greg Humora
Assistant City Manager Amanda Lee
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
_____________________________________________________________________

1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.

The Agenda Items were considered in the order presented.

Mayor Arapostathis called the meeting to order at 6:00 p.m.

1.1 INVOCATION - COUNCILMEMBER SUZUKI

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS
City Manager Humora announced that Ryan Davila was hired as the Community Cleanup Coordinator, a newly authorized position by the City Council to help make La Mesa beautiful, and that he started on Monday, March 17, 2025.

3. COMMUNITY BULLETIN REPORTS

2 The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.

5. PRESENTATION

5.1 LA MESA ENTREPRENEURSHIP ACCELERATOR PROGRAM (LEAP)

PRESENTATION
Assistant to the City Manager Dedmon and James Sly, President and CEO of the San Diego East County Economic Development Council, presented a PowerPoint on the LEAP program, which aimed to stimulate local economic growth by reducing commercial vacancies, supporting new business ventures, and creating job opportunities. Funded with $800,000 from the American Rescue Plan Act ("ARPA"), LEAP provided financial grants and structured training to help entrepreneurs establish and sustain brick-and-mortar businesses in La Mesa. The program successfully supported three separate cohorts with modifications being made to keep pace with the changing and often uncertain economic climate. LEAP contributed to the opening of several new small brick-and-mortar businesses and the stability and job retention of a number of existing small brick-and-mortar businesses.

Council questions and comments ensued.

Moved By Vice Mayor Dillard
Seconded By Mayor Arapostathis
Direct staff to return to Council within 60 days with a LEAP proposal that is appropriate for today's market conditions, including potential funding sources, cost, and program timeline.

For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Christopher Glenn submitted a comment on fire preparedness measures.

Jack Shu addressed the importance of the democratic process and the role of public servants.

3 Gene Carpenter discussed remote public comment procedures when a Councilmember participates via teleconference, the 30-second notification during public comment, and follow-up actions by Councilmembers.

Denise Zellmann shared their positive experience with the La Mesa Police Department during a missing person case.

7. CONFLICT DISCLOSURES
There were no conflicts of interest disclosed.

8. BOARD AND COMMISSION INTERVIEWS

8.1 INTERVIEW OF APPLICANT FOR THE UNSCHEDULED VACANCY ON

THE LA MESA COMMUNITY PARKING COMMISSION
City Clerk Wiegelman briefly explained the interview process.

Jacqueline Bougie spoke regarding their qualifications and interest in being appointed to the La Mesa Community Parking Commission.

City Clerk Wiegelman said the appointment would be made at the April 8th City Council meeting.

Following the interview, no action was taken.

9. PUBLIC COMMENTS ON CONSENT CALENDAR
There were no comments on Consent Calendar items.

10. CONSENT CALENDAR
(Items 10.1 through 10.9)
Moved By Mayor Arapostathis
Seconded By Councilmember Cazares
Approve Consent Calendar Items 10.1 through 10.9.

For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)

10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.

4 10.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, MARCH 11, 2025
Approve.

10.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, MARCH 11, 2025
Approve.

10.4 RESOLUTION APPROVING AN AGREEMENT TO GROUND LEASE

PROPERTY BETWEEN THE CITY OF LA MESA AND LA MESA
SENIOR LIVING, L.P. FOR A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 9000 MURRAY DRIVE
Resolution No. 2025-024
Adopt Resolution.

10.5 ACCEPT THE 2024 ANNUAL REPORT – IMPLEMENTATION OF THE

GENERAL PLAN AND HOUSING ELEMENT
Approve.

10.6 RATIFICATION OF DESIGN REVIEW FOR PROJECT NO. 2024-0613 (7959 PARKWAY DRIVE) - REMODEL OF AN EXISTING CARWASH
FACILITY AT 7959 PARKWAY DRIVE, APN 464-523-14-00 IN THE C-D (GENERAL COMMERCIAL/URBAN DESIGN OVERLAY) ZONE
Approve.

10.7 RESOLUTION TO AMEND AN AGREEMENT WITH RICK

ENGINEERING FOR AS-NEEDED STAFF AUGMENTATION SERVICES

TO SUPPORT THE COMMUNITY DEVELOPMENT DEPARTMENT
Resolution No. 2025-025
Adopt Resolution.

10.8 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2

FOR THE LA MESA BIKE AND SIDEWALK CONNECTIONS PROJECT

TO RICK ENGINEERING FOR TRANSPORTATION DESIGN SERVICES
Resolution No. 2025-026
Adopt Resolution.

10.9 RESOLUTION AMENDING UNDERGROUND UTILITY DISTRICT NO. 28

BOUNDARIES IN THE CITY OF LA MESA

5 Resolution No. 2025-027
Adopt Resolution.

11. STAFF REPORTS

11.1 CONSIDERATION OF THE 2024 NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM ANNUAL REPORT AND 2025 WORK
PLAN
Engineering Project Manager Kinnard presented a PowerPoint on the 2024 Neighborhood Traffic Management Program ("NTMP") Annual Report and the 2025 Work Plan. The annual report highlighted completed and ongoing projects aimed at improving traffic safety and infrastructure in La Mesa. Engineering Project Manager Kinnard reviewed the 2024 Work Plan accomplishments, which included installing traffic calming measures such as edgelines, speed limit signs and legends, speed humps, and establishing the city's first designated safety corridor along Lemon Avenue, as well as conducting outreach to neighborhoods where future traffic calming elements would be implemented. Looking ahead, the 2025 Work Plan built on these efforts by identifying new priority areas, expanding Assembly Bill 43 safety corridors near public schools, and allocating $750,000 in ARPA funds for Phase 3 improvements.

Council questions and comments ensued.

Cassandra Neel expressed support for approving the 2024 NTMP Annual Report and 2025 Work Plan, emphasizing the need for traffic calming measures on Highwood Avenue.

Jack Shu expressed support for approving the 2024 NTMP Annual Report and 2025 Work Plan, highlighting the challenges of improving traffic safety and infrastructure.

Moved By Councilmember Cazares
Seconded By Councilmember Suzuki
Accept the 2024 Neighborhood Traffic Management Program Annual Report, including the ranked list of streets requesting traffic calming and the 2025 Work Plan.

For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)

6 11.2 CONSIDERATION OF RESOLUTION AWARDING REQUEST FOR PROPOSALS (RFP) 25-10 TO HMC GROUP TO PREPARE A NEW

BUILDING SPACE NEEDS ANALYSIS TO HOUSE CITY HALL AND A

POST OFFICE TO ALLOW EXPANSION OF THE LIBRARY
City Manager Humora gave a PowerPoint presentation on the purpose of a space needs analysis for a proposed new building to house City Hall and the Post Office, while allowing for the expansion of the library. He provided background on the Library Task Force's recommendations and the City Council’s prior decision to pursue a horizontal expansion, which was later deemed unfeasible due to space constraints. He explained that the analysis would determine the required square footage for City Hall and the Post Office, and once the size of that building was determined, the remaining Civic Center space could be programmed for other uses such as multi-family housing, office space, and parking. City Manager Humora stated that the proposed scope of work included assessing the existing City Hall space, conducting departmental surveys, developing space programs, creating conceptual site plans, identifying parking and site amenities, estimating costs, and preparing a preliminary schedule. The analysis was expected to take three months to complete, with a report to be presented to the City Council. The Civic Center Master Plan Subcommittee, made up of Mayor Arapostathis and Councilmember Suzuki, reviewed the project and recommended its approval.

The following members of the public spoke or submitted a comment in support of awarding RFP 25-10 to HMC Group to prepare a new building space needs analysis to house City Hall and a post office to allow expansion of the library:

Kasey Zahner
Bonnie Baranoff
Jack Shu
Leslie Stump
Deborah Cooke
John Schmitz
Brenda Hammond mentioned a potential location that could accommodate a two-story library and a performance space.

Gene Carpenter spoke about the history of the La Mesa Library.

7 Christopher Glenn submitted a comment on the elimination of federal library and museum funding.

Council questions and comments ensued.

Resolution No. 2025-028
Moved By Councilmember Suzuki
Seconded By Mayor Arapostathis
Adopt Resolution.

For (4): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, and Councilmember Suzuki
Against (1): Councilmember Lothian
Approved (4 to 1)

12. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.

13. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.

14. CITY ATTORNEY REMARKS
There were no remarks.

15. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 7:36 p.m.
_________________________
City Clerk

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: April 8, 2025
SUBJECT: RESOLUTION APPROVING AN ASSIGNMENT

AGREEMENT WITH PARTNER INSIGHTS, LLC FOR

INDEPENDENT POLICE AUDITOR SERVICES IN

SUPPORT OF THE COMMUNITY POLICE OVERSIGHT
BOARD
ISSUING DEPARTMENT: CITY MANAGER’S OFFICE
SUMMARY:

Issue:

Should the City Council adopt a resolution approving an Assignment Agreement with Partner Insights, LLC for independent police auditor services in support of the Community Police Oversight Board?
Recommendation:

Staff recommends that the City Council adopt a resolution approving an assignment agreement with Partner Insights, LLC for independent police auditor services in support of the Community Police Oversight Board.

Fiscal Impact:

There is no direct fiscal impact associated with the recommendation.

City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.

BACKGROUND:

In 2020, the City Council established Municipal Code Chapter 2.30, Community Police Oversight Board, which created the City’s Community Police Oversight Board (CPOB).

A key function of the CPOB is to initiate and review audits of incidents involving the La

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 2 of 2
Mesa Police Department. The review of such incidents is prepared by an Independent Police Auditor (IPA). On July 27, 2021, the City Council approved a professional services agreement with Diligence, LLC (Diligence) for independent police auditor services. On October 5, 2021, Diligence changed its legal entity name to BartlettJames, LLC (BartlettJames) and assigned all rights and obligations in their entirety pursuant to the Agreement to said entity.

DISCUSSION:

BartlettJames recently informed staff that the company is focusing its efforts on law enforcement education and training and will no longer offer independent police auditor services. BartlettJames desires to assign all rights and obligations of the agreement for independent police auditor services in its entirety from BartlettJames to Partner Insights, LLC (Partner Insights). Approval of an assignment agreement is necessary to make this change. The assignment agreement does not modify terms or pricing, and all other obligations contained in the agreement remain in full force and effect. Partner Insights is a newly formed legal entity created by BartlettJames’ current auditors who are leaving the company to continue to perform independent police auditor services as a separate business with no affiliation to BartlettJames. Partner Insights is qualified to perform all duties and obligations of the agreement.

CONCLUSION:

Staff recommends that the City Council adopt a resolution approving an assignment agreement with Partner Insights for independent police auditor services in support of the CPOB.

Reviewed by: Respectfully submitted by:
____________________ ____________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
____________________
Lyn Dedmon
Assistant to the City Manager
Attachments A: Resolution
B: Assignment Agreement

RESOLUTION NO. 2025-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

APPROVING AN ASSIGNMENT AGREEMENT WITH PARTNER INSIGHTS, LLC

FOR INDEPENDENT POLICE AUDTIOR SERVICES IN SUPPORT OF THE

COMMUNITY POLICE OVERSIGHT BOARD
WHEREAS, the City and Diligence, LLC entered into an agreement for independent police auditor services in support of the Community Police Oversight Board dated August 2, 2021, the (“Agreement”);
WHEREAS, On October 5, 2021, Diligence, LLC changed its legal entity name to BartlettJames, LLC and assigned all rights and obligations in their entirely pursuant to the Agreement to said entity (“Contractor”);
WHEREAS, Contractor now desires to assign all rights and obligations in their entirety pursuant to the Agreement to Partner Insights, LLC;
WHEREAS, City desires to consent to the same; and
WHEREAS, Partner Insights, LLC is qualified to perform all duties and obligations of the Agreement.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council approves the Assignment Agreement with Partner Insights, LLC for independent police auditor services in support of the Community Police Oversight Board.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 8
th day of April 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WEIGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2025- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WEIGELMAN, CMC, City Clerk
(SEAL OF CITY)

ASSIGNMENT AGREEMENT BETWEEN CITY OF LA MESA,

BARTLETTJAMES, LLC AND PARTNER INSIGHTS, LLC FOR

INDEPENDENT POLICE AUDITOR SERVICES IN SUPPORT OF THE

COMMUNITY POLICE OVERSIGHT BOARD
___________________________________________________________ THIS ASSIGNMENT AGREEMENT executed this ___ day of ____________________, 2025, by and between the City of La Mesa, a municipal corporation, "the City", BartlettJames, LLC ("Contractor") and Partner Insights, LLC (“Assignee”).

1. RECITALS:

1.1 The City and Diligence, LLC entered into an agreement for independent police auditor services in support of the Community Police Oversight Board dated August 2, 2021, the (“Agreement”).

1.2 Section 14 of the Agreement contains an “assignability” clause authorizing an assignment by the Contractor with the express written consent of the City.

1.3 On October 5, 2021, Diligence, LLC changed its legal entity name to BartlettJames, LLC and assigned all rights and obligations in their entirety pursuant to the Agreement to said entity (“Contractor’).

1.4 The Contractor now desires to assign all rights and obligations in their entirety pursuant to the Agreement to Partner Insights, LLC.

1.5 City desires to consent to the same.

1.6 Partner Insights, LLC is qualified to perform all duties and obligations included in the Agreement.

NOW, THEREFORE, IT IS AGREED by and between the parties that:

Section 1. All rights and obligations of Contractor in their entirety contained in the Agreement are hereby assigned to Partner Insights, LLC and by City’s signature affected hereto, City hereby accepts said assignment pursuant to Section 14 of the Agreement.

Section 2. All other rights and obligations contained in the Agreement other than that specified in this Assignment Agreement shall remain in full force and effect and be effective and be binding exclusively between the City and Assignee.

IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement as of the date first above written.
(NEXT PAGE)
Attachment B

By:______________________________
Bruce Smith, Executive Director
BartlettJames, LLC
Date: By:

Rick Rasmussen, Executive Director
Partner Insights, LLC

CITY OF LA MESA,
A Municipal Corporation
Date: By:

Mark Arapostathis, Mayor
Date: Attest:

Megan Wiegelman, City Clerk
Date: By:

Greg Humora, City Manager

APPROVED AS TO FORM

CITY ATTORNEY
Attachment A: Assignment Agreement with BartlettJames, LLC

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: April 8, 2025
SUBJECT: RESOLUTION AWARDING A TASK ORDER TO
CHAMBERS GROUP, INC. FOR ENVIRONMENTAL

SERVICES FOR THE INDUSTRIAL AREA ROADWAY

IMPROVEMENTS PROJECT
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City of La Mesa award a task order to Chambers Group, Inc. in the amount of $51,350 for environmental services for the Industrial Roadway Improvement Project?
Recommendation:

Adopt the attached resolution awarding a task order to Chambers Group, Inc. in the amount of $51,350 for environmental services for the Industrial Area Roadway Improvement Project.

Fiscal Impact:

PROFESSIONAL SERVICES AGREEMENT TO BWE, INC.

CIP FUND SOURCE AMOUNT

REQUESTED

AMOUNT AVAILABLE
RMRA SB1: CIP 302-2257FT $51,350 $539,900
City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.  Maintain a community where residents and visitors feel safe.

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 2 of 3
BACKGROUND:

The roadways in the Industrial Area, including Commercial Street, Center Street, and Guild Street, provide passage for some of the City of La Mesa’s heaviest commercial vehicles. La Mesa Public Works is located at 8152 Commercial Street. The industrial streets also provide access for large vehicles exiting Interstate 8. The result is that these streets receive more damage from extremely heavy vehicles.

Due to the historic commercial and industrial use of the land in this area, the County of San Diego requires soil testing beneath paved surfaces to determine if any pollutants remain that have not already been cleaned up. This testing is required if a project is expected to excavate below the pavement surface.

In April 2024, the City advertised a request for qualifications RFQ 24-01 for as-needed engineering services. Chambers Group, Inc., was selected as a qualified firm to provide the necessary environmental services. A master services agreement was executed with Chambers Group, Inc. on August 15, 2024. The terms of the master agreement allow for the issuance of task orders to authorize specific items of work on an as-needed basis to the selected consultants.

DISCUSSION:

A scope of work and fee was negotiated with Chambers Group, Inc. to provide environmental services for the Industrial Area Roadway Improvements project. The total cost for the project is $51,350, with an option for additional testing if necessary.

If any unsuitable material is located, Chambers Group will recommend mitigation measures that will be incorporated into the specifications and plans for the project. This work will also be useful for the design of bike and pedestrian access. The environmental work is expected to be completed by late summer.

CONCLUSION:

Staff recommends adopting the attached resolution awarding task order to Chambers Group, Inc., in the amount of $51,350 for environmental services for the Industrial Area Roadway Improvements Project.

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ______________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Tristan Leger, PE
Associate Engineer
Attachments: A. Resolution
B. Chambers Group Cost Proposal
C. Site Plan

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AWARDING A TASK ORDER TO CHAMBERS GROUP, INC. FOR

ENVIRONMENTAL SERVICES FOR THE INDUSTRIAL AREA ROADWAY

IMPROVEMENTS PROJECT
WHEREAS, streets are an important asset for La Mesa that require regular maintenance and upkeep;
WHEREAS, Commercial St, Center St, and Guild St are essential roadways that provide access for EDCO heavy vehicles, La Mesa Public Works construction vehicles, and other heavy transport vehicles from the I-8;
WHEREAS, the industrial streets are located within the boundaries of an old burn-dump site where soil has potentially hazardous metals such as Arsenic, Lead, and copper; WHEREAS, the Solid Waste Local Enforcement Agency (LEA) requires plans, strategies, sampling, and reports of any projects or construction on existing burn-dump sites; WHEREAS, in April 2024, the City advertised a request for qualifications RFQ 24-01 for as-needed engineering services;
WHEREAS, Chambers Group, Inc., was selected as a qualified firm to provide asneeded environmental services; WHEREAS, a master service agreement was executed with Chambers Group, Inc. on September 18, 2024;
WHEREAS, the terms of the master agreement allow for the issuance of task orders to authorize specific items of work on an as-needed basis to the selected consultants; and WHEREAS, a scope of work and fee were negotiated with Chambers Group, Inc. to provide environmental services for the Industrial Area Roadway Improvements Project.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized to execute a task order with Chambers Group, Inc. to provide environmental services for the Industrial Area Roadway Improvements Project for the amount of $51,350.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 8
th day of April 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF THE CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2025- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

Burn/Dump Evaluation
City of La Mesa
1 64661
February 20, 2025
Tristan Leger, PE
Associate Engineer
City of La Mesa
8130 Alison Avenue
La Mesa, CA 91942
RE: Proposal to Provide an Evaluation and Regulatory Compliance Documentation for the Burn/Dump Site Located on Commercial Street Between Center Street and Guild Street Dear Tristan Leger,
Chambers Group understands the City of La Mesa (City) is seeking environmental services during earthwork construction located on Commercial Street Between Center Street and Guild Street (Proposed Project). The location of the roadway reconstruction work will include a full depth reclamation to a depth of 12-16” below the existing top of asphalt along Commercial Street. Based on available information, the street reconstruction overlies the La Mesa Dump/Burn Site between Commercial and Center Street (SWIS# 37-CR-0041). Based on our understanding of the Proposed Project and experience on similar projects, preparation of environmental documents that require regulatory agency approval and implementation of these documents will be required by regulatory agencies prior to initiation of project construction. In order to most effectively and efficiently serve the City, Chambers Group will utilize Ninyo & Moore to supplement the Project Team.

Scope of Work
Chambers Group can commence work on this Project as soon as we receive written notice to proceed (NTP). We will accomplish the scope of work as described below.

Task 1 – Project Kick-Off and Regulatory Teleconferences/Meetings The amount of time for Project meetings/teleconferences and for regulatory interaction is not known at this time. For purposes of this proposal, we have assumed 30 hours.

Task 2 – Prepare Community Health and Safety Plan
This task includes the preparation of a Prepare Community Health and Safety Plan (CHSP) intended to protect the public and surrounding properties from potential health and environmental hazards during the Project. The CHSP will address field procedures, anticipated contaminants, established action levels for exposure to contaminants, and contingency plans for emergencies that may arise during the fieldwork. The CHSP will be prepared in accordance with applicable Occupational Safety and Health Administration (OSHA) requirements and will be implemented during field work. The CHSP will be signed by a Certified Industrial Hygienist (CIH).

Task 3 – Prepare Waste Management Plan
Based on background information, the work area is located within a waste disposal area. Because of this and that the Proposed Project is located at portions of the closed La Mesa Burn Dump site, there is the chance to encounter wastes during the Proposed Project. In order to be prepared for such occurrences and to avoid the Proposed Project being temporarily shut down due to encountering wastes, a Waste Management Plan (WMP) will be prepared that will provide protocols and procedures if such wastes are encountered including the segregation, temporary stockpiling, management, etc. The WMP will be prepared in accordance with City Standard Specifications for Public Works Construction (White Book), applicable sections of the County of San Diego Department of environmental Health (DEH), Site Assessment and Mitigation (SAM) Manual, City Solid Waste Local Enforcement Agency (LEA) guidelines and local, state, and federal regulations.

Task 4 – Prepare Post Closure Land Use Plan

Burn/Dump Evaluation
City of La Mesa
2 64661
This task consists of preparing a Post-Closure Land Use Plan (PCLUP) relevant to the specific Commercial Street Reconstruction Project. The PCLUP will be prepared in general accordance with California Code of Regulations (CCR) Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 5, Article 2, Section 21190 (Title 27 Section 21190). Per Section 21190, “all proposed post closure land uses, other than non-irrigated open space, on sites implementing closure or on closed sites shall be submitted to the LEA, RWQCB (if applicable), local air district and local land use agency. The LEA shall review and approve proposed post closure land uses if the project involves structures within 1,000 feet of the disposal area, structures on top of waste, modification of the low permeability layer, or irrigation over waste.” The PCLUP will describe activities that will be conducted to meet the applicable requirements of CCR Title 27, Section 21190 – Post Closure Land Use, the goals of which are: (1) protect public health and safety and prevent damage to structures, roads, utilities and gas monitoring and control systems; (2) prevent public contact with waste, landfill gas, and leachate; and (3) prevent landfill gas explosions.

Although not known, it has been assumed that the LEA will not require a pre-design Phase II Environmental Site Assessment (Phase II ESA) to be conducted at any of the work site.

Task 5 – Prepare Waste Excavation and Disposal Report (per the WMP and PCLUP) If required by the LEA, the team will prepare a waste excavation and disposal report, as indicated in the WMP and PCLUP. The report would document compliance with the WMP and PCLUP and any deviations, if applicable; summarize subsurface disturbance activities; and provide documentation regarding the volumes and types of waste generated and disposed of, as applicable, during implementation of the Proposed Project.

Optional Task 1 – Limited Historical Review
This task includes a limited historical review, and includes the following steps: obtain, review, and summarize historical records (aerial photographs, topographic maps, previous reports, plans documents, correspondence; obtain GISreferenced historical aerial photographs; prepare GIS-based overlays to evaluate waste extents; obtain, review and summarize relevant information from the CalRecycle Solid Waste Information System (SWIS) database. Review and summarize relevant background information including LEA inspection reports, photographs, and other documents and reports provided by CalRecycle pertaining to the waste disposal site; request and review records from the LEA, CalRecycle, and other regulatory agencies, as appropriate; obtain, review, summarize available information from other sources (internet, additional historical aerial sources [NETR], GeoTracker, other electronic databases, etc.); and, obtain, review, summarize available Environmental Lien/Activity Use Limitations (AUL) Search (one parcel and current deed) with Chain of Title (an abstract of title and deed transfers) to evaluate site uses prior to the landfill.

Optional Task 2 – Implement Waste Management Plan and Community Health and Safety Plan Based on available information, the Commercial Street Reconstruction project overlies a portion of the closed La Mesa Burn/Dump site that is the location of waste disposal and possible burn ash. Therefore, waste and burn ash may be encountered in this work area related to soil removal and grading. Wastes that are encountered will likely require temporary stockpiling, managing, etc. in the work area. Based on available information, we have assumed that wastes will be encountered, and all work area will require implementation of the WMP and CHSP based on either being located overlying or adjacent to waste disposal. It is our understanding that construction/removal activities will be conducted sequentially; therefore, we have assumed one person will be able to provide the following field services related to implementing the WMP and CHSP.

The Project Team staff will provide environmental monitoring and oversight during the Proposed Project as described above and where wastes are known and/or suspected to be present, including, but not limited to during grading, excavation of soils and wastes, relocation (onsite reconsolidation of soils and/or wastes (if the latter is approved by regulatory agency staff), etc. The environmental oversight services are not entirely known at this time but are anticipated to generally consist of directing segregating wastes from “clean” soils/formation, as applicable and as possible, overseeing reuse (e.g., on-site reconsolidation) of excavated materials if approved by the regulatory agencies, etc.

Burn/Dump Evaluation
City of La Mesa
3 64661
The Project Team will conduct environmental dust and methane monitoring during operations and air monitoring during excavating, grading, etc. at locations within the Project area, during stockpile sampling if applicable and/or required, and loading of wastes onto trucks for offsite disposal and for onsite reconsolidation (if applicable and/or required). The monitoring will be conducted using a dust monitor and 5-gas meter or equivalent monitoring equipment.

Air monitoring readings will be recorded each time these activities are conducted in accordance with client provided Project documents requirements (i.e. Health & Safety Plan, etc.).

Optional Task 3 – Construction Sampling and Analytical Testing Depending on encountered impacted soils and construction Project requirements, sampling and analytical testing to characterize soils for possible on-site reconsolidation, and/or possible on-site reuse, and/or offsite disposal may need to be conducted. The specific activities, the number of samples to be analyzed and analytical tests are not known at this time and therefore are not included in this proposal. If performed, the samples will be analyzed for Total Petroleum Hydrocarbons Extended Range by Environmental Protection Agency (EPA) method 8015, Volatile Organic Compounds (VOC) by EPA method 8260, Title 22 metals by EPA 6010/7470, Semi VOCs by EPA method 8270, Polychlorinated Biphenyls by EPA method 8082 (dry weight), Percent Moisture by ASTM D2216, and pH.

Costs
This work is proposed on time and materials cost. These costs are estimates based on our best judgment of the work required to complete the Proposed Project.

Cost by Task

TASK FEE
Task 1: Project Kick-Off and Regulatory Teleconferences/Meetings $5,350.00 Task 2: Prepare Community Health and Safety Plan (CHSP) $5,750.00 Task 3: Prepare Waste Management Plan (WMP) $10,350.00
Task 4: Prepare Post Closure Land Use Plan (PCLUP $10,350.00 Task 5: Prepare Waste Excavation and Disposal Report (per the WMP and PCLUP) $4,600.00 Total Fee Without Optional Tasks $36,400.00
Optional Task 1 – Limited Historical Review $14,950.00
Optional Task 2 – Implement Waste Management Plan and Community Health and Safety Plan ~$2,000/day Optional Task 3 – Construction Sampling and Analytical Testing ~$900/sample Authorization
This letter was prepared by Chambers Group solely for your internal use in evaluating Chambers Group's business proposal and deciding whether to contract with Chambers Group to perform the services described above. The services proposed herein are in compliance with the terms and conditions of the Master Services Agreement (MSA), dated September 18, 2024. Chambers Group considers the pricing and other business information the property of Chambers Group. This proposal and the information contained herein shall not be used for any purpose other than as specifically stated and shall not be disclosed to any other party without Chambers Group's written consent.

If this scope of work and cost meets your satisfaction, please provide an NTP letter with a Task Order number to Chambers Group as our authorization to begin work. The schedule and cost quoted herein are valid for 30 days.

Burn/Dump Evaluation
City of La Mesa
4 64661
Thank you for the opportunity to provide this proposal and we look forward to having the opportunity to continue working with you. Please call or email me if you have any questions or comments regarding this proposal; my contact information is provided below.

Sincerely,
CHAMBERS GROUP, INC.

Thomas Strand
Environmental Planning Manager
[email protected]
(619) 952-4045
9620 Chesapeake Drive, Suite 202
San Diego, CA 92123

ENCROACHMENT PERMIT: - ISSUED: .

UNDERGROUND SERVICE ALERT
SECTION 4216 & 4217 OF THE GOVERNMENT CODE REQUIRES A DIG ALERT IDENTIFICATiON NUMBER BE ISSUED BEFORE A "PERMIT TO EXCAVATE" WILL BE VALID. FOR YOUR DIG ALERT I.D. NUMBER CALL UNDERGROUND SERVICE ALERT TOLL FREE @ 1-800-422-4133 TWO (2) WORKING DAYS BEFORE YOU DIG.

WEB ADDRESS: WWW.DIGALERT.ORG
SCANNED BY: . DATE: . FILE LOCATION: .

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: April 8, 2025
SUBJECT: RESOLUTION APPROVING THE FIRST AMENDEMENT
TO THE 2023 PROJECT LABOR AGREEMENT

BETWEEN THE CITY OF LA MESA AND THE SAN

DIEGO BUILDING AND CONSTRUCTION TRADES
COUNCIL AND SIGNATORY CRAFT UNIONS (“Trades
Council and Unions”) (“PLA”)
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council adopt the attached draft resolution approving the First Amendment to the PLA?
Recommendation:

That the City Council adopt the attached draft resolution approving the First Amendment to the PLA, subject to the final review, revision and approval of the City Attorney.

Fiscal Impact:

There is no direct fiscal impact related to this action.

City’s Strategic Goals:
 Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.
 Promote a high quality of life that current and future generations can afford to call home.
 Invest in infrastructure to serve the needs of the community.

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 2 of 6
BACKGROUND:

In September 2023, the City executed the PLA for the purpose of timely, efficient, economical and successful completion of public works projects valued over $1 million.

The PLA has been implemented on several projects including last year’s street resurfacing and the soon-to-be completed 69th and Boulevard storm drain project.

Pursuant to Section 20.1(b) of the PLA, if any city with a population not exceeding 100,000 executes a project labor agreement with the Trades Council and Unions, the City Council, in its sole and exclusive discretion, may amend the PLA to include terms, provisions and conditions of any such agreement(s) if it finds it beneficial for the City of La Mesa to do so. In 2024, National City executed a project labor agreement with the Trades Council and Unions containing certain provisions (as noted herein) that staff has determined to be beneficial to the City of La Mesa.

DISCUSSION:

The following proposed amendments to the PLA, derived from the National City project labor agreement, would benefit the City of La Mesa by improving project delivery, increasing bidding opportunities and simplifying contract administration:
a) Add the following provisions to Section 3.2 of the PLA entitled “Exclusions”:

3.2 (h) Contracts for which there are less than three (3) unrelated, qualified bidders for a Covered Contract, in which case the Public Agency reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA.

3.2 (k)(1) If the lowest apparent responsive and responsible bid is ten percent (10%) or greater than the engineer’s estimate, in which case the City reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA.

3.2 (m) All off-site manufacturing, fabrication, maintenance, and handling of materials, equipment, or machinery.

3.2 (n) All operation of equipment and machinery owned or controlled by the Public Agency.

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 3 of 6
NOTE:

Sections 3.2 (h) and (k)(1) will provide increased flexibility for the City Council to bid construction contacts in the best economic interest of the City. b) Amend Section 3.3 of the PLA entitled “Awarding of Contracts” to read as follows:

3.3 (b) Each Union shall enroll in the electronic bidding system used at the time of bidding (currently PlanetBids) and provide the listing information to all Union contractors able to provide services to the trades required for the project. Each Union contractor may provide bids to each prime bidding contractor in accordance with California law and the bidding documents. Union prime contractors may bid the project in accordance with California law and the bidding documents.

NOTE:

The PLA has a cumbersome process related to advertising projects that has been found to consume significant staff time. This change would shift the burden of informing union contractors of projects being advertised for bid from staff to the union contractors. City public works projects that are not PLA projects typically place this responsibility on the private contractors, and the inclusion of this clause simplifies the advertisement process thereby reducing staff time and involvement. c) Add a new section as Section 4.5 of the PLA to be entitled “Employment of Local Residents” as follows (and renumber accordingly):

4.5 (a) In recognition of the Public Agency’s mission to service its residents, the Unions and Contractors agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions shall first refer for Covered Projects permanent residents of zip codes 91941 and 91942 (“qualifying zip codes”) at the time of initial employment on a Covered Project or Veterans residing anywhere.

4.5 (b) To facilitate the dispatch of Local Residents, as well as all Contractor requests for referral and dispatch of workers from the applicable Union referral system, the Parties will develop and utilize a Workforce Dispatch Request Form for Covered Projects.

4.5 (c) It is the Parties’ goal that at least 80% of the total craft hours to be performed on a Covered Project shall be performed by residents of San Diego

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 4 of 6
County, graduates of, or recipients of a GED from a school in San Diego County residing anywhere, or Veterans residing anywhere, of which 5% should be from qualifying zip codes or graduates of, or recipients of a GED from all La Mesa schools residing anywhere, or Veterans residing anywhere.

NOTE:

This amendment enhances employment opportunities for La Mesa Residents. d) Add the following provisions to renumbered Section 4.6 of the PLA entitled “Core Employees” (formerly Section 4.5):

4.6 (a) The Parties recognize the Public Agency’s interest in promoting competition and inclusion of disadvantaged business enterprises (DBEs) which may not be a signatory to a current Schedule A. For purposes of this Section, DBEs shall be defined by the United Stated Department of Transportation, as that definition may be amended from time to time. (See, e.g., https://www.transportation.gov/civil-rights/disadvantaged -businessenterprise/definition-disadvantaged-business-enterprise; see also Appendix E to Part 26 of 49 CFR Part 26.) In order to promote participation and attract DBEs to work under this Agreement, and subject to the limitations set forth below, each Contractor that is a DBE may employ up to five (5) Core Employees per craft on a Covered Project, alternating with Core Employees and Union referrals (fist a Core Employee, then a referral from the appropriate union hiring hall, then a Core Employee, and so on.) After five (5) Core Employees have been employed, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall.

The preceding Core Employee hiring procedures for DEBs are subject to the following limitation:
(1) Each Contractor is limited to utilizing the preceding Core Employee hiring procedure on one Covered Project.

NOTE:

This amendment enhances the City’s interests in promoting competition and inclusion or disadvantaged business enterprises (as defined by the United States Department of Transportation).
e) Amend Section 6.4 of the PLA entitled “Compliance with Prevailing Wage Laws” as follows:

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 5 of 6

6.4 All complaints regarding possible prevailing wage violations may be referred to the Project Labor Coordinator Labor Compliance Program, if any, for referral to the Department of Industrial Relations, State Labor Commissioner.

NOTE:

This amendment would serve to streamline a convoluted process that involves significant staff resources and time.
f) Amend Section 21.2 of the PLA entitled “Turnover and Final Acceptance of Completed Work” as follows:

21.2 Turnover and final acceptance of completed work shall be in accordance with the requirement of the prime contract and Public Agency policy. As areas and systems of the Covered Project are inspected and construction-tested and/or approved and accepted by the Public Agency or third parties with approval of the Public Agency, the PLA shall have no further force or effect on such items or areas, except when the Contractor is directed by the Public Agency to engage in repairs, modifications or warranty work required by its Contract(s) with the Public Agency or the Prime Contractor.

NOTE:

This amendment would serve to clarify the duties and obligations of the parties related to Turnover and Final Acceptance of Completed Work.

The City Manager, City Attorney and Public Works Director met with the San Diego Building and Construction Trades Council representatives on March 26, 2025 to inform them of the above-referenced changes to the PLA presented for City Council review and possible adoption.

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 6 of 6
CONCLUSION:

Staff recommends the City Council adopt the attached draft resolution approving the First Amendment to the PLA, subject to the final review, revision and approval of the City Attorney.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments:A. Resolution approving the First Amendment to the PLA B. PLA (strike-out format denoting amendments)

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPROVING THE FIRST AMENDMENT TO THE 2023 PROJECT LABOR AGREEMENT

BETWEEN THE CITY OF LA MESA AND THE SAN DIEGO BUILDING AND

CONSTRUCTION TRADES COUNCIL AND SIGNATORY CRAFT UNIONS
(“Trades Council and Unions”) (“PLA”)
WHEREAS, the City Council on September 26, 2023, executed the PLA for the purpose of timely, efficient, economical and successful completion of public works projects valued over $1 million;
WHEREAS, pursuant to Section 20.1(b) of the PLA, if any city with a population not exceeding 100,000 executes a project labor agreement with the Trades Council and Unions, the City Council, in its sole and exclusive discretion, may amend the PLA to include terms, provisions and conditions of any such agreement(s) if it finds it beneficial for the City of La Mesa to do so; WHEREAS, in 2024, National City executed a project labor agreement with the Trades Council and Unions containing certain provisions (as noted herein) that staff has determined to be beneficial to the City of La Mesa; and
WHEREAS, staff recommends incorporating said provisions into the PLA.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the City Council of the City of La Mesa, California approves the proposed First Amendment to the PLA as contained in Exhibit ‘A’ attached hereto and hereby incorporated by reference, subject to the final review, revision and approval of the City Attorney.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 8
th day of April 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2025- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

CITY OF LA MESA

PROJECT LABOR AGREEMENT
Effective Date: September 26, 2023
First Amendment and Restated Agreement Dated: April 8, 2025 Formatted: Centered

TABLE OF CONTENTS
Page
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ARTICLE 1 RECITALS .........................................................................................................- 1 - ARTICLE 2 DEFINITIONS....................................................................................................- 2 - ARTICLE 3 SCOPE OF THE AGREEMENT........................................................................- 4 - ARTICLE 4 UNION RECOGNITION AND EMPLOYMENT............................- 11 -- 11 -- 9 - ARTICLE 5 UNION ACCESS AND STEWARDS ............................................- 15 -- 15 -- 14 - ARTICLE 6 WAGES AND BENEFITS..............................................................- 17 -- 17 -- 15 - ARTICLE 7 WORK STOPPAGES AND LOCKOUTS......................................- 18 -- 18 -- 17 - ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES..- 24 -- 24 -- 22 - ARTICLE 9 MANAGEMENT RIGHTS .............................................................- 25 -- 25 -- 23 - ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES..................- 27 -- 27 -- 25 - ARTICLE 11 COMPLIANCE................................................................................- 29 -- 29 -- 27 - ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY .- 30 -- 30 -- 28 - ARTICLE 13 TRAVEL, SUBSISTENCE AND PARKING.................................- 30 -- 30 -- 28 - ARTICLE 14 APPRENTICES...............................................................................- 31 -- 31 -- 29 - ARTICLE 15 LEGAL ACTION ............................................................................- 32 -- 32 -- 30 - ARTICLE 16 PRE-JOB CONFERENCE...............................................................- 32 -- 32 -- 30 - ARTICLE 17 LABOR/MANAGEMENT AND COOPERATION.......................- 33 -- 33 -- 31 - ARTICLE 18 SAVINGS AND SEPARABILITY.................................................- 34 -- 34 -- 32 - ARTICLE 19 WAIVER..........................................................................................- 34 -- 34 -- 32 - ARTICLE 20 AMENDMENTS .............................................................................- 35 -- 35 -- 33 - ARTICLE 21 DURATION OF THE PLA .............................................................- 35 -- 35 -- 33 - ARTICLE 22 [DELETED] Formatted: Normal
Formatted: Font: (Default) Times New Roman, 12 pt, All
caps

TABLE OF CONTENTS
(Continued)
Page
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ARTICLE 22 WORK OPPORTUNITIES PROGRAM.........................................- 36 -- 37 -- 34 - ARTICLE 23 HELMETS TO HARDHATS..........................................................- 39 -- 39 -- 36 - ATTACHMENT A – LETTER OF ASSENT.........................................................- 43 -- 43 -- 41 - ATTACHMENT B-1 – WORKFORCE DISPATCH REQUEST FORM..............- 44 -- 44 -- 42 - ATTACHMENT B-2 – CONTRACTOR CORE WORKFORCE FORM..............- 45 -- 45 -- 43 - ATTACHMENT C – DRUG AND ALCOHOL TESTING POLICY....................- 46 -- 46 -- 44 -

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CITY OF LA MESA

PROJECT LABOR AGREEMENT
This Project Labor Agreement (hereinafter the “PLA” or “Agreement”) is entered into this 26th day of September 2023 by and between the San Diego Building and Construction Trades Council (hereinafter the “Council”), and the signatory Craft Unions (hereinafter, together with the Council, collectively, the “Union” or “Unions”), and the City of La Mesa (“Public Agency”).

ARTICLE 1

RECITALS
WHEREAS, the Public Agency desires the completion of Covered Projects in a professional, safe, efficient, and economical manner, without undue delay or work stoppages; and
WHEREAS, the timely, efficient, economical and successful completion of the Covered Projects is of the utmost importance to the Public Agency; and WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work on Covered Projects, including workers affiliated with and/or represented by the Unions; and
WHEREAS, it is recognized that on construction projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the Parties agree that by establishing and stabilizing wages, hours, and working conditions for the workers employed on Covered Projects, a satisfactory, continuous, and harmonious relationship will exist among labor and management that will lead to the efficient and economical completion of Covered Projects; and WHEREAS, in recognition of the special needs of the Covered Projects and to maintain a spirit of harmony, cooperative labor-management relations, peace, and stability during the term of this PLA, the Parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes and grievances without any strikes, slowdowns, work interruptions, or disruption of Covered Projects, and the Contractors agree not to engage in any lockout; and

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WHEREAS, the Public Agency places high priority upon the development of comprehensive programs for the recruitment, training, and employment of local residents, and also recognize the ability of local Apprenticeship Programs to provide meaningful and sustainable careers in the building and construction industry. The Parties will encourage local residents to participate in Covered Projects through programs and procedures jointly developed to prepare and encourage such individuals for entrance into Apprenticeship Programs and formal employment on the Covered Projects through the referral programs sponsored and/or supported by the Parties to this PLA; and
WHEREAS, it is further understood that the Public Agency shall actively administer and apply the obligations of this PLA; and
WHEREAS, it is further understood that in accordance with Article 20 Amendments, the Public Agency desires to amend and restate this Agreement to include provisions from the City of National City project labor agreement.

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE
PARTIES AS FOLLOWS:

ARTICLE 2

DEFINITIONS
Capitalized terms utilized in this PLA which are not otherwise defined herein shall have the meanings ascribed to said terms below.
“Agreement” means this Project Labor Agreement (PLA).
“Applicable Prevailing Wage Determination” means the prevailing wage determinations applicable to a Covered Project issued by the Department of Industrial Relations pursuant to the California Labor Code.
“Apprentice” means an apprentice properly registered in an Apprenticeship Program for the time they are employed on a Covered Project. “Apprenticeship Program” as used in this PLA shall be defined as an apprenticeship program approved by the California Division of Apprenticeship Standards (DAS). “Contractor” means the Prime Contractor and any subcontractor of any tier awarded Covered Work. The term “Contractor” includes any individual, firm, partnership, corporation, owner operator, consultant or combination thereof, including joint ventures, performing Covered Work.

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“Core Employees” are defined in Article 4, Section 4.6 (e). “Council” means the San Diego County Building & Construction Trades Council. “Covered Contract” means a prime contract or subcontract awarded for performance of Covered Work, or an individual job order constituting a Covered Project as defined below.
“Covered Project” means a construction project with a prime contract awarded by the Public Agency with an estimated construction contract award value of $1,000,000 or greater. “Covered Project also includes individual task orders valued at $100,000 or greater and Job Order Contracts for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) that are related to a Covered Project. “Covered Work” means construction work in furtherance of a Covered Project, other than work excluded pursuant to specific exemptions set forth in this PLA. “Joint Labor-Management Apprenticeship Program” means a Joint LaborManagement Apprenticeship Program approved by the State of California DAS as provided for in the Schedule A’s.
“Party” means Public Agency, Council, and each Union.
“Prime Contractor” means the contractor awarded a Covered Contract in privity directly with the Public Agency.
“Project Labor Coordinator” means the designee of the Public Agency, either from its own staff (including, but not limited to the City Engineer) and/or an independent entity acting on behalf of the Public Agency, to monitor compliance with this PLA and assist with developing, implementing and administering the requirements, policies and programs referenced herein.
“Schedule A’s” means the local master labor agreements of the Unions. “Union” or “Unions” means any labor organization signatory to this Agreement acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have, through their officers, executed this Agreement.
“Veteran” means a veteran or the eligible spouse of a veteran of the United States Armed Forces, under Section 2(a) of the Jobs for Veterans Act (38 U.S.C. 4215[a]).

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“Workforce Dispatch Request Form” means the project-specific form by which Contractors request workers from the Union hiring halls on Covered Projects, an example of which is attached as Attachment B-1.

ARTICLE 3

SCOPE OF THE AGREEMENT
Section 3.1 Scope.
(a) This Agreement covers, without limitation, all on-site site preparation, surveying, construction, alteration, demolition, installation, improvement, landscaping, painting or repair of buildings, structures and other works, and related activities for the Covered Project that is within the craft jurisdiction of one of the Unions and which is directly part of the Covered Project, including, without limitation to the following examples, geotechnical and exploratory drilling, temporary HVAC, landscaping, temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, and pump stations. On-site work includes work done solely for the Covered Project in temporary yards, dedicated sites, or other areas provided that they are adjacent to the Covered Project, and at any on-site or off-site batch plant constructed solely to supply materials to the Covered Project.
(b) This Agreement applies to any start-up, calibration, commissioning, performance testing, repair, maintenance or operational revisions to systems and/or subsystems for the Project that are required as part of a Covered Contract, including warranty work performed after completion, unless such work is performed by Public Agency employees. Covered Work includes all onsite physical craft work that is part of startup and commissioning, including, but not limited to, system flushes and testing, loop checks, rework and modifications, and functional and operational testing up to and including the final running test. It is understood that the Public Agency’s personnel and/or its representatives, together with the manufacturer’s and/or vendor’s representatives, and/or plant operating personnel may supervise and direct the startup, commissioning, rework, and modification activity, and that the onsite physical craft work is typically performed as part of a joint effort with these representatives and personnel. A manufacturer or its representatives may perform industry standard startup and commissioning work to satisfy its guarantee or warranty on a piece of equipment, and such work will be exempt from the Project Labor Agreement to the extent the work is excluded by Section 3.2(b) and/or Section 3.2(d).

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(c) This Agreement covers all on-site fabrication work over which Contractors possess the right of control (including work done for a Covered Project in any temporary yard or area established for the Covered Project). This Agreement also covers off-site fabrication to the extent that it is covered by existing Master Agreements in effect at the time of the execution of this PLA. All fabrication work over which a Contractor possesses the right of control, including without limitation, the fabrication of medical gas piping, air-handling systems and ducts, and HVAC sheet metal work, and which is traditionally claimed as on-site fabrication shall be performed on-site. Purchase of manufactured items from a genuine manufacturing facility for the supply of products is not considered fabrication and not subject to this PLA.
(d) On-site construction shall also include the site of any batch plant constructed solely to supply materials to the Project. Construction trucking work for the delivery of ready-mix, asphalt, aggregate, sand, or other fill or material which are directly incorporated into the construction process as well as the offhauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement to the fullest extent allowed by law and by the prevailing wage determinations of the California Department of Industrial Relations.

Section 3.2 Exclusions. Items specifically excluded from the scope of this PLA include the following:
(a) Work of non-manual employees, including but not limited to, superintendents, supervisors, staff engineers, quality control and quality assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other professional, engineering, administrative, supervisory, and management employees; and
(b) All employees of the CityPublic Agency, Project Labor Coordinator, design teams (including, but not limited to, architects, engineers, and master planners), or any other consultants for the CityPublic Agency (including, but not limited to, project managers and construction managers and their employees where not engaged in Covered Work) and their subconsultants, and other employees of professional service organizations, not performing manual labor within the scope of this PLA. Notwithstanding the foregoing, however, this exclusion shall not apply to surveying and inspection services on a Covered Project, within the State of California’s general prevailing wage determination for Field Surveyors and/or Building/Construction Inspectors and Field Soils and

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Material Tester, when this work is performed under a Covered Contract or under a professional services agreement. This shall also specifically include such work where it is referred to by utilization of such terms as “quality control” or “quality assurance.” Every Surveyor and Inspector performing under the wage classifications of Field Surveyors and/or Building/Construction Inspectors and Field Soils and Material Tester (Inspectors) on Covered Work pursuant to a professional services agreement or a construction contract shall be bound to all applicable requirements of this Agreement regardless of the manner in which the work was awarded; andAll employees of the Public Agency, Project Labor Coordinator, design teams (including, but not limited to, architects, engineers, and master planners), or any other consultants for the Public Agency (including, but not limited to, project managers and construction managers and their employees where not engaged in Covered Work) and their subconsultants, and other employees of professional service organizations, not performing manual labor within the scope of this PLA. Notwithstanding the foregoing, however, this exclusion shall not apply to the classifications for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) unless they are Public Agency employees. This inclusion applies to the scope of work defined in the State of California Wage Determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors). This shall also specifically include such work where it is referred to by utilization of such terms as “quality control” or “quality assurance.” Every Inspector performing under these classifications on Covered Work pursuant to a professional services agreement directly with a Contractor shall be bound to all applicable requirements of this Agreement; and (c) Any work performed by state, county, city, or other governmental bodies, or their contractors (other than work within the scope of this PLA undertaken by contractors to the Public Agency); or by private utilities, or their contractors; and (d) Work performed by employees of a manufacturer or vendor necessary to install, commission and/or maintain such manufacturer’s or vendor’s warranty or guarantee and provided that the warranty agreement is the manufacturer’s or vendor’s usual and customary warranty agreement for such equipment and is consistent with industry practice. Any work to be excluded pursuant to this subsection (e) shall be identified and discussed at the relevant pre-job conference.

Upon request from the Council, the Public Agency shall review with the vendor whether installation or application may be performed pursuant to terms of the PLA without affecting the status of the warranty; and

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(e) Specialized or technical work requiring specialized training, unique skills, or a level of specific technical experience which employees represented by the Unions do not possess. At least ten (10) working days’ notice shall be given to the Council before any work is performed pursuant to this exemption; and (f) Laboratory testing work; and
(g) Non-construction support services contracted by the Public Agency, Project Labor Coordinator, or Contractor in connection with a Covered Project; and
(h) Contracts for which there are less than three (3) unrelated, qualified bidders for a Covered Contract, in which case the CityPublic Agency reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA; andBLANK
(i) Non-construction support services contracted by the Public Agency in connection with Covered Projects;
(j) Emergency work; and
(k) Substantial impracticality or inefficiency.
work constituting a Covered Project upon a 4/5 vote of its City Council finding and determining that said work as a Covered Project would result in a substantial inefficiency or impracticality.
(l) If the lowest apparent responsive and responsible bid is ten percent (10%) or greater than the engineer’s probable estimate of costestimate, in which case the CityPublic Agency reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA; and (m) All off-site manufacturing, fabrication, maintenance, and handling of materials, equipment, or machinery; and
(n) All operation of equipment and machinery owned or controlled by the CityPublic Agency.

Notwithstanding any obligation, term, duty or condition contained herein to the contrary, this agreement shall be subject to all applicable laws including the California Public Contracts Code.

Public Agency shall maintain absolute and sole discretion regarding the application and the related enforecement of said laws.

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(a) The Public Agency has the absolute right to bid or award Covered Contracts regardless of delivery method to any Contractor notwithstanding the existence or non-existence of any agreements between such Contractor and any Union, provided only that such Contractor is willing, ready, and able to execute a Letter of Assent as set forth in Attachment A hereto, and comply with this PLA in performance of Covered Work.
(b) Each Union shall enroll in the electronic bidding system used at the time of bidding (currently, PlanetBids) and provide the listing information to all Union contractors able to provide services to the trades required of the project. Each Union contractor may provide bids to each prime bidding contractor in accordance with California law and the bidding documents. Union prime contractors may bid the project in accordance with California law and the bidding documents.Each Union shall provide the Project Labor Coordinator a list of signatory Contractors whose principal place of business is within the geographic jurisdiction of County of San Diego and that routinely perform work within the scope of Covered Work in such area. The Union may specify the type of work that such Contractor performs and may amend the list as necessary. Public Agency and any Prime Contractor that contracts Covered Work to another Contractor shall solicit bids from at least two (2) Contractors on the applicable Union’s list for the Covered Work, provided such Contractors meet any applicable Public Agency pre-qualification criteria. The solicitation of bids shall be based upon the same terms, conditions and scope of work requested of all potential bidders.
(c) It is agreed that all Contractors who have been awarded a contract for Covered Work shall be required to accept and be bound by the terms and conditions of this PLA. Contractors shall evidence their acceptance of this Agreement by executing a Letter of Assent as set forth in Attachment A hereto.

No Contractor shall commence Covered Work without first providing a copy of the signed Letter of Assent to the Project Labor Coordinator. (d) The Public Agency and all Contractors awarded Covered Work agree that to the extent permitted by law and consistent with the economy and efficiency of construction and operation, they will use best efforts to purchase materials, equipment, and supplies that will not create labor strife. Under all circumstances, however, the Public Agency and Contractors shall retain the absolute right to select Contractors for the award of contracts and subcontracts on all Covered Projects.

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(e) Project funding-source restrictions. Notwithstanding anything contained in this PLA to the contrary, Public Agency shall comply with any and all restrictions related to any funding source for project work, including but not limited to federal, state or local (e.g. County of San Diego, Caltrans State of California Department of Transportation or San Diego Association of Governments) regulations.

Section 3.4 Schedule A’s.
(a) The provisions of this PLA, including the Schedule A's (which are the local Master Labor Agreements of the signatory Unions having jurisdiction over Covered Work, as such may be changed from time to time consistent with Section

21.3, and which are incorporated herein by reference), shall apply to the work covered by this PLA, notwithstanding the provisions of any other local, area and/or national agreement that may conflict with or differ from the terms of this PLA. Where a subject covered by the provisions of this PLA is also covered by a Schedule A, the provisions of this PLA shall prevail. Where a subject is covered by a provision of a Schedule A and not covered by this PLA, the provisions of the Schedule A shall govern. Any dispute as to the applicable source between this PLA and any Schedule A shall be resolved under the procedures established in Article 10.
(b) It is understood that this PLA, together with the referenced Schedule A's, constitutes a self-contained, stand-alone agreement and, by virtue of having become bound to this PLA, the Contractor will not be obligated to sign any other local, area, or national collective bargaining agreement as a condition of performing work within the scope of this PLA (provided, however, that the Contractor may be required to sign a uniformly applied non-discriminatory Participation or Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor may be bound to make contributions under this PLA, provided that such Participation or Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this PLA and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the Prime Contractor to have each of its Contractors of any tier sign the documents with the appropriate Union prior to the Contractor beginning work on Covered Projects.

Section 3.5 The Parties agree that this PLA will be made available to, and will fully apply to, any successful bidder for Covered Work, without regard to whether that successful bidder performs work at other sites on either a Union or non-Union

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basis. This PLA shall not apply to any work of any Contractor other than that on Covered Projects specifically covered by this PLA.

Section 3.6 Binding Signatories Only. This PLA and Letter of Assent shall only be binding on Contractors in the performance of Covered Work, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Contractors.

Section 3.7 Other Work. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work, or function not covered by this PLA, which may be performed by the Public Agency employees or contracted for by the Public Agency for its own account, on its property, or in and around Covered Project sites.

Section 3.8 Separate Liability. It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this PLA shall be several and not joint. The Unions agree that this PLA does not have the effect of creating any joint employment status between or among the Public Agency or Project Labor Coordinator and/or any Contractor.

Section 3.9 Completed Covered Projects. As portions of Covered Projects are completed, this PLA shall have no further force or effect on such items or areas except where the Contractor is directed by the Public Agency or its representatives to engage in repairs, modification and/or check-out functions required by its contract(s) with the Public Agency.

Section 3.10 Except for all work performed under the NTL Articles of Agreement, the National Stack/Chimney Agreement, and the National Cooling Tower Agreement, all instrument calibrations work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of Article 7 (Work Stoppages and Lockouts), Article 8 (Work Assignments and Jurisdictional Disputes) and Article 10 (Settlement of Grievances and Disputes) of this PLA, which shall apply to such work.

ARTICLE 4

UNION RECOGNITION AND EMPLOYMENT
Section 4.1 Recognition. The Contractors recognize the Unions as the exclusive bargaining representative for the employees engaged in Covered Work. Such recognition

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does not extend beyond the period when the employee is engaged in Covered Work.

Section 4.2 Contractor Selection of Employees. The Contractors shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with this Article.

The Contractors shall also have the right to reject any applicant referred by a Union for any reason, subject to any reporting time requirements of the applicable Schedule A; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractors’ commitment to employ qualified workers through the procedures endorsed in this PLA.

Section 4.3 Referral Procedures.
(a) For signatory Unions to this Agreement having a job referral system contained in a Schedule A, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this PLA.

Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations that require equal employment opportunities and non-discrimination.
(b) The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer Apprentices as requested to develop a larger, skilled workforce. The Unions will work with the Project Labor Coordinator and others designated by the Public Agency to identify and refer competent craft persons as needed for Covered Work, and to identify individuals, particularly local residents, for entrance into Apprenticeship Programs, or participation in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such Apprenticeship Programs, all maintained to increase the available supply of skilled craft personnel for Covered Projects.
(c) The Union shall not knowingly refer an employee currently employed by a Contractor on a Covered Project to any other Contractor.

Section 4.4 Non-Discrimination in Referral, Employment, and Contracting. The Unions and Contractors agree that they will not discriminate against any employee or applicant for employment on the basis of sex, race, ethnicity, color, ancestry, religious creed, national origin, sexual orientation, physical disability, mental

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disability, medical condition, age, marital status, denial of family care leave, genetic information, gender, gender identity, gender expression, military and veteran status, criminal records, past incarceration, previous status as a foster youth, political affiliation or membership in a labor organization in hiring and dispatching workers for the Covered Projects.. The Parties and Contractors will ensure that the evaluation and treatment of their employees, members, and applicants for employment or membership are free from such discrimination and harassment.

Section 4.5 Employment of Local Residents.
(a) In recognition of the City’sPublic Agency’s mission to serve its residents, the Unions and Contractors agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions shall first refer for Covered Projects permanent residents of zip codes 91941 and 91942 (“qualifying zip codes”) at the time of initial employment on a Covered Project or Veterans residing anywhere.
(b) To facilitate the dispatch of Local Residents, as well as all Contractor requests for referral and dispatch of workers from the applicable Union referral system, the Parties will develop and utilize a Workforce Dispatch Request Form for Covered Projects.
(c) It is the Parties’ goal that at least 80% of the total craft hours to be performed on a Covered Project shall be performed by residents of San Diego County, graduates of, or recipients of a GED from a school in San Diego County residing anywhere, or Veterans residing anywhere, of which 5% should be from qualifying zip codes or graduates of, or recipients of a GED from all La Mesa schools, Sweetwater High School residing anywhere, or Veterans residing anywhere.

Section 4.5Section 4.6 Core Employees. This Section only applies to Contractors who are not directly signatory to an applicable Schedule A.
(a) The Parties recognize the City’sPublic Agency’s interest in promoting competition and inclusion of disadvantaged business enterprises (DBEs) which may not be signatory to a current Schedule A. For purposes of this Section, DBEs shall be as defined by the United States Department of Transportation, as that definition may be amended from time to time. (See, e.g., https://www.transportation.gov/civil-rights/disadvantaged-businessenterprise/definition-disadvantaged-business-enterprise; see also Appendix E to Part 26 of 49 CFR Part 26.) In order to promote participation and attract DBEs to

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work under this Agreement, and subject to the limitations set forth below, each Contractor that is a DBE may employ up to five (5) Core Employees per craft on a Covered Project, alternating with Core Employees and Union referrals (first a Core Employee, then a referral from the appropriate Union hiring hall, then a Core Employee, and so on). After five (5) Core Employees have been employed, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall.

The preceding Core Employee hiring procedures for DBEs are subject to the following limitation:
(1) Each Contractor is limited to utilizing the preceding Core Employee hiring procedure on one Covered Project.
(a)(b) Contractors who are not otherwise signatory to a current Schedule A may employ, as needed, first, a referral from the appropriate Union hiring hall, then a Core Employee, then a second employee through the referral system, then a second Core Employee, and so on, until a maximum of three (3) Core Employees are employed per craft on the Project. Thereafter, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall in accordance with this Article.
(b1) Section 4.6 only applies to Contractors who are not directly signatory to a current Schedule A for the craft worker in its employ and is not intended to limit the transfer provisions of the Schedule A of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their Core Employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment working under the Construction Contract at the Project site.

The registration process shall be administered by the Contractors and Union reasonably, but without impacting the Project schedule. (c) Prior to each Contractor performing any work a Covered Project, each Contractor shall provide a list of Core Employees to the Project Labor Coordinator and the Council. After submitting the Core Employee list prior to commencing work on that Covered Project, Contractors shall not make any changes or substitutions to the Core Employee list for the duration of that Covered Project without prior agreement by the Parties, unless one or more Core Employees retires, changes employer, resigns or is terminated.

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(d) Upon request by any Party to this Agreement, the Contractor hiring any Core Employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, and such other documentation) evidencing the Core Employee’s qualification as a Core Employee to the Project Labor Coordinator and the Council.
(e) Core Employees must meet the following eligibility requirements to qualify for employment on Covered Projects:
(1) A Core Employee must be either a journeyperson or Apprentice and appear on the Contractor’s active payroll for at least ninety (90) of the last one-hundred-eighty (180) working days prior to being designated as a Core Employee. The date a Core Employee is designated is the date the Core Employee list is submitted to the Project Labor Coordinator and Council prior to the Contractor commencing work; and
(2) A Core Employee must possess any license required by state or federal law for the Covered Work to be performed; and
(3) A Core Employee must have the ability to safely perform the basic functions of the applicable trade; and
(4) A Core Employee must be a resident of San Diego County. (f) In addition to the Core Employee provisions set forth herein, all Contractors may avail themselves of any opportunity provided for in the applicable Schedule A’s to call for specific employees by name. (g) During any layoffs or reductions in workforce, Contractors shall lay off employees in an order and manner consistent with the Core Employee hiring procedures and maintain the required Core Employee-to-Union referral ratios required by this Section for the duration of the Project.

Section 4.6Section 4.7 Time for Referral. If any Union’s registration and referral system does not fulfill the requirements for specific classifications of covered employees (including Local Residents) requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays, and holidays), that Contractor may employ Core Employees without reference to the ratio requirements in Section 4.6 or use employment sources other than the Union registration and referral services, and may employ applicants from any other available source. The Contractor shall promptly inform the Union of any applicants hired from other sources, and such applicants shall register with the appropriate hiring hall, if any.

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Section 4.7Section 4.8 Lack of Referral Procedure. If a signatory local Union does not system as set forth in Section 4.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 4.7.

Section 4.8Section 4.9 Union Membership. Employees are not required to become or remain union members, or pay dues or fees to a union, as a condition of performing Covered Work under this Agreement. Employers shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Schedule A.

Nothing in this Section 4.9, however, is intended to supersede independent requirements in applicable local union agreements such as those in Schedule A as to those Employers that are otherwise signatory to those agreements and as to the employees of those Employers who are performing Covered Work.

Section 4.9Section 4.10 Foremen. The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor, consistent with the Schedule A’s. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foremen shall be designated as working foremen at the request of the Contractors.

ARTICLE 5

UNION ACCESS AND STEWARDS
Section 5.1 Access to Project Sites. Authorized representatives of the Union shall have access to Covered Projects, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security, and safety rules.

Section 5.2 Stewards.
(a) Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift, and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person's duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no nonworking stewards. Stewards will receive the regular rate of pay for their respective crafts.
(b) In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and

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assist in the adjustment of the same with the employee's appropriate supervisor.

Each steward should be concerned only with the employees of the steward's Contractor and not with the employees of any other Contractor. The Contractor will not discriminate against the steward in the proper performance of his/her Union duties.
(c) When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. (d) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 5.3 Steward Layoff/Discharge. The Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Schedule A, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given; provided, however, that during the 24-hour period before the discipline or discharge becomes final, the steward will be considered suspended pending investigation without pay.

Section 5.4 Employees on Non-Covered Projects. On work where the personnel of the Public Agency may be working in close proximity to the construction activities covered by this PLA, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with Public Agency personnel, or with personnel employed by any other employer not a Party to this PLA.

ARTICLE 6

WAGES AND BENEFITS
Section 6.1 Wages. At a minimum, all employees covered by this PLA shall be classified in accordance with work performed and paid the hourly wage rates and benefits for those classifications in compliance with the applicable Prevailing Wage

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Determination established pursuant to the California Labor Code by the California Department of Industrial Relations.

Section 6.2 Benefits.
(a) Payment of Benefits. For all employees performing Covered Work, Contractors shall pay all fringe benefits and other required employer contributions to the established Union employee benefit funds in the amounts required by the applicable Schedule A. In addition, the Contractors and Unions agree that only such bona fide employee benefits that accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, and training funds) shall be included in this requirement and required to be paid by the Contractor on Covered Projects. (c) Where applicable, the Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, Union trust agreement(s) specifying the detailed basis how payments will be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the sponsoring Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. The Contractor obligations to the applicable Union benefit fund(s) and trust agreement(s) are limited to work performed on Covered Work. The Union benefit funds and trust agreement(s) applicable to each Contractor are determined by the pre-job conference and Union work assignment process described in Articles 8 and 16.
(d) Each Contractor is required to certify to the Project Labor Coordinator that it has paid all benefit contributions due and owing to the appropriate Union trust(s) and benefit funds prior to the receipt of its final payment and/or retention.

Further, upon timely notification by a Union to the Project Labor Coordinator, the Project Labor Coordinator shall work with any Contractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting the Public Agency or the prime Contractor to withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.

Section 6.3 Wage Premiums, with the exception of shift premiums, shall not be applicable to work performed under this PLA, except to the extent provided for in any applicable prevailing wage determination. The types of wage premiums that will not apply to the Project include, but are not limited to, pay based on height of work, hazard pay, scaffold pay, and special skills, except to the extent provided for in any prevailing wage determination. Similarly, there will be no wage

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premiums based on staggered start times or start times that are earlier or later than set forth in the applicable Schedule A, with the exception of shift premiums.

Section 6.4 Compliance with Prevailing Wage Laws. All complaints regarding possible prevailing wage violations may be referred to the Project Labor Coordinator or Labor Compliance Program, if any, for referral to the Department of Industrial Relations, State Labor Commissioner.All complaints regarding possible prevailing wage violations may be referred to the Project Labor Coordinator or Labor Compliance Program, if any, for processing, investigation and resolution, and if not resolved within thirty (30) calendar days, may be referred by any Party to the State Labor Commissioner. To facilitate compliance with applicable prevailing wage laws, each Contractor agrees to provide copies of certified payroll reports, redacted only to the extent required by law, to the Unions (or to any Labor Management Cooperation Committee in which a Union or its affiliate participates) within ten (10) days of their request. The Council or Union, as appropriate, shall be advised in a timely manner with the facts and resolution, if any, of any complaint.

ARTICLE 7

WORK STOPPAGES AND LOCKOUTS
Section 7.1 No Work Stoppages or Disruptive Activity. The Council and the Unions signatory hereto agree that neither they, nor their respective officers, agents or representatives, shall incite or encourage, condone or participate in any strike, walk-out, slowdown, picketing, observation of picket lines, or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or any way related to Covered Work, or which interferes with or otherwise disrupts Covered Work, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes, and jurisdictional dispute strikes, whether or not the underlying dispute is arbitrable. Any such actions by the Council, or any Union, or their members, agents, representatives, or the employees they represent shall constitute a material violation of this PLA. The Council and the Union shall take all steps necessary to obtain compliance with this Article.

Section 7.2 Employee Violations. The Contractor may discharge any employee violating Section 7.1 above, and any such employee will not be eligible for rehire under this PLA.

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Section 7.3 Standing to Enforce. Any Contractor affected by an alleged violation of Section

7.1 shall have standing and the right to enforce the obligations established therein.

Section 7.4 Expiration of Schedule A’s. If a collective bargaining agreement between a signatory Contractor and one or more of the Union(s) expires before the Contractor completes the performance of a Contract for Covered Work, and the Union or the Contractor gives notice of demand for a new or modified collective bargaining agreement, the Unions agree that they will not strike the Contractor on the Project, and the Union and the Contractor agree that the expired collective bargaining agreement will continue in full force and effect for the Covered Work until a new or modified collective bargaining agreement is reached between the Union and the Contractor. If the new or modified collective bargaining agreement reached between the Union and the Contractor provides that any terms of the collective bargaining agreement shall be retroactive, the Contractor agrees to comply, consistent with the terms of this PLA and the Prevailing Wage Statute, with any retroactive terms of the new or modified collective bargaining agreement which are applicable to employees of said Contractor that are employed on the Project within seven (7) days at no cost to the Public Agency. All employees shall continue to work and to perform all their obligations with respect to Covered Work despite the expiration of a Schedule A agreement. Should a Contractor engaged in Covered Work enter into an interim agreement with the Unions for work being performed elsewhere after the expiration, and before the renewal of a local collective bargaining agreement forming the basis for Schedule A, such interim agreement shall be utilized by that Contractor for Covered Work, subject to the provisions of Section 21.3.

Section 7.5 No Lock Outs. Contractors shall not cause, incite, encourage, condone or participate in any lock-out of employees with respect to Covered Work during the term of this PLA. The term “lock-out'' refers only to a Contractor's exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination, or lay off of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this PLA, or any other agreement, nor does “lock-out” include the Public Agency’s decision to stop, suspend, or discontinue any Covered Project or any portion thereof for any reason.

Section 7.6 Best Efforts to End Violations.
(a) If a Contractor contends that there is any violation of this Article, it shall, prior to invoking the procedures of Section 7.7, provide written notification to the Council of the involved Union(s) and to the Project Labor Coordinator, setting

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forth the facts which the Contractor contends violates this Article. The Council and the leadership of the involved Union(s) will immediately instruct, order, and use their best efforts to cause the cessation of any violation of the Article. (b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Project Labor Coordinator, setting forth the facts which the Union contends violate this Article, prior to invoking the procedures of Section 7.7. The Project Labor Coordinator shall promptly order the involved Contractor(s) to cease any violation of the Article.

Section 7.7 Expedited Enforcement Procedure. Any Party, and affected Contractors, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of this Article is alleged. (a) The Party invoking this procedure shall notify Robert M. Hirsch, who has been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure, and if Mr. Hirsch is unavailable, shall notify John Kagel, who has been selected as the alternate arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, then a selection shall be made from the list of arbitrators as set forth in Article 10. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Project Labor Coordinator and the Council. For purposes of this Article, written notice may be given by email, facsimile, hand delivery, or overnight mail and will be deemed effective upon receipt. (b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within seventy-two (72) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Council of the involved Union(s) and/or Contractor as required by Section 7.6, above.
(c) The arbitrator shall notify the Parties of the place and time chosen for this hearing, which may be a Zoom proceeding or the equivalent. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all Parties. A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred, and if so, whether the arbitrator shall order the applicable union(s) to return to work. The arbitrator shall have no authority to

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consider any matter in justification, explanation, or mitigation of such violation or to award damages, (except for damages as set forth in Section 7.8 below) which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation of this Article and other appropriate relief, and such award shall be served on all Parties by hand, facsimile, email or registered mail upon issuance. The amount of liquidated damages pursuant to Section 7.8 below shall be determined at a second hearing scheduled by the arbitrator within thirty (30) days of the first hearing to determine if a violation of this Article has occurred.
(e) Such arbitration award(s) shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this PLA and all other relevant documents referred to herein above in the following manner.

Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator's award as issued under Section 7.7(d) of this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party's right to participate in a hearing for a final order of enforcement. The court's order or orders enforcing the arbitrator's award shall be sent to all disputing parties.
(f) The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties.

Section 7.8 Liquidated Damages.
(a) If the arbitrator determines in accordance with Section 7.7 above that a work stoppage has occurred, the respondent Union(s) shall, within eight (8) hours of receipt of the Award, direct all the employees they represent on the project to immediately return to work. If the craft(s) involved do not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt of the arbitrator's Award, and the respondent Union(s) have not complied with their obligations to immediately instruct, order, and use their best efforts to cause a cessation of the violation and return the employees they represent to work, then the non-complying Union(s) found in violation of Section

7.7 shall each pay liquidated damages in accordance with subsection (c) below.

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(b) If the arbitrator determines in accordance with Section 7.7 above that a lock out has occurred, the respondent Contractor(s) found in violation of Section

7.7 shall pay liquidated damages in accordance with subsection (c) below. (c) The Parties agree that project delays caused by violations of this Article will cause the Public Agency to sustain damages. They agree that it would be impractical or extremely difficult to fix the amount of such damages. Therefore, the Parties agree that, in the event of a breach of either of these provisions, the Party in breach shall pay to the impacted parties the sum of $10,000 per shift from the time the arbitrator determines that a delay has occurred until the arbitrator determines that the project is no longer disrupted. If the breaching party is a Union, the liquidated damages will be paid to the Prime Contractor and other affected Contractors as determined by the Arbitrator. If the breaching party is a Contractor, the liquidated damages will be apportioned among the affected employees and the benefit funds as determined by the Arbitrator. The payment of liquidated damages, when made, shall constitute a damages remedy for the delay specified, but shall not prevent the impacted party or parties from seeking an injunction or equitable relief, including termination of this PLA. Payment of these sums as liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but instead, is intended to constitute liquidated damages to the affected party or parties pursuant to section 1671 of the California Civil Code.

Section 7.9 Payroll and Benefit Delinquencies. Notwithstanding other provisions of this PLA, it shall not be a violation of this PLA for any Union to withhold the services of its members from a Contractor who fails to timely pay its weekly payroll in accordance with the applicable Schedule A, or fails to make timely payments to the applicable Union benefit funds. This Section 7.9 does not inhibit or affect responsibilities of the Council and the Union under Section 7.1 to refrain from picketing or other disruption of Covered Projects.

Prior to withholding its members' services for the Contractor's failure to meet its weekly payroll, the Union shall give at least five (5) calendar days written notice of such failure to pay by certified mail, and by facsimile or email transmission to the involved Contractor, Prime Contractor and Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and affected Union, shall meet within five (5) working days after the written notice of such failure to pay was sent to attempt to resolve the payroll delinquency. If the payroll delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon the payment of all monies due and

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then owing for wages, the Union shall direct its members to immediately return to work and the Contractor shall return all such members back to work.

Prior to withholding its members' services for the Contractor's failure to make timely payments to the applicable Union benefit funds, the Union shall give at least thirty (30) days written notice of such failure to pay by certified mail, and by facsimile or email transmission to the involved Contractor, the Prime Contractor and Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and affected Union, shall meet within five (5) working days after the written notice of such failure to pay was sent to attempt to resolve the delinquency. If the delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon payment by the delinquent Contractor of all monies due and then owing for employee benefit contributions, the Union shall direct its members to immediately return to work and the Contractor shall return all such members back to work.

Nothing in this section should be construed to prevent the Union having jurisdiction over the involved work from submitting a grievance under the procedures of Article 10 for any alleged or actual violations of Article 6 or referring any alleged or actual prevailing wage violation to the Project Labor Coordinator and Public Agency labor compliance programDepartment of Labor Relations for review and enforcement, in accordance with Section 6.4.

The Public Agency shall have the right to replace any delinquent Contractor in accordance with the terms and conditions of the applicable prime contract with the Public Agency and applicable law.

The Public Agency is not liable for any unpaid benefits or wages, or damages that flow from non-payment of either, regardless of any action or failure to act by the Public Agency.

Section 8.1 No Jobsite Disruption. There will be no strikes, work stoppages, picketing, sympathy strikes, slowdowns, or other interference with the work because of jurisdictional disputes between Unions. The assignment of work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

Section 8.2 All jurisdictional disputes on this project shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department

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or any other plan or method of procedure that may be adopted by the Building and Construction Trades Department. Decisions rendered shall be final and binding and conclusive on the Contractors and Unions party toin this PLA.

All jurisdictional disputes shall be resolved without the occurrence of any of the activities prohibited in Article 7 (Work Stoppages and Lockouts), and the Contractor’s assignment shall be adhered to until the dispute is resolved.

Individuals violating this section shall be subject to immediate discharge.

Section 8.2.1 If a dispute arising under this Article involves the Southwest Regional Council of Carpenters or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of Thomas Pagan, Thomas Angelo, Robert Hirsch, and John Kagel, and the arbitrator’s hearing on the dispute shall be held at the offices of the Council within fourteen (14) days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.

Section 8.3 Failure to Comply. If any Union or Contractor fails to immediately and fully comply with the final decision rendered by the Plan, affected Union(s) or Contractor(s) may seek legal redress for such conduct, including, but not limited to, injunctive relief and/or damages.

Section 8.4 Labor Pre-job Conference. It is required that a pre-job conference be held not later than fourteen (14) calendar days prior to the start of work by each Contractor for the Project in accordance with the procedure described in Article 16.

ARTICLE 9

MANAGEMENT RIGHTS
Section 9.1 Contractor and Public Agency Rights. The Contractors and the Public Agency have the sole and exclusive right and authority to oversee and manage construction operations on Covered Projects without any limitations unless expressly limited by a specific provision of this PLA. In addition to the following and other rights of the Contractors enumerated in this PLA, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor's rights include, but are not limited to, the right to:
(a) Plan, direct, and control operations of all work; and (b) Hire, promote, transfer, and lay off their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements; and

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(c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; and
(d) Discharge, suspend, or discipline their own employees for just cause; and (e) Utilize, in accordance with Public Agency approval, any work methods, procedures, or techniques, and select, use, and install any types or kinds of materials, apparatus, or equipment, regardless of source of manufacture or construction; and
(f) Assign and schedule work at their discretion; and
(g) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Schedule A(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.

Section 9.2 Specific Public Agency Rights. In addition to the following and other rights of the Public Agency and Prime Contractor enumerated in this PLA, the Public Agency expressly reserves its management rights and all the rights conferred on it by law and contract. Public Agency’s rights (and those of the Project Labor Coordinator on its behalf) include, but are not limited to the right to:
(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements; and (b) At its sole option, terminate, delay, and/or suspend any and all portions of Covered Projects at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the Public Agency and/or to mitigate the effect of ongoing Covered Work on businesses and residents in the neighborhood of the Covered Project sites; and/or require any other operational or schedule changes it deems necessary, in its sole judgment, to meet Project deadlines and remain a good neighbor to those in the area of the Covered Project. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the Public Agency will use best efforts to provide the Project Labor Coordinator and the affected Contractor[s] and Union[s] with reasonable notice of any changes it requires pursuant to this section); and (c) Approve any work methods, procedures, and techniques used by Contractors whether or not these methods, procedures, or techniques are part of industry practices or customs; and

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(d) Investigate and process complaints or disagreements, through its Project Labor Coordinator.

Section 9.3 Use of Materials. Subject to the terms of this Agreement, there shall be no limitations or restrictions by the Union upon a Contractor's choice of materials or design, nor, regardless of source or location, upon the full use and utilization of equipment, machinery, packaging, precast, prefabricated, prefinished, preassembled or modular materials, products, tools, or other labor-saving devices, subject to the application of the California Public Contract and Labor Codes.

Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work.

Section 9.4 Special Equipment, Warranties, and Guaranties. (a) It is recognized that certain equipment of a highly technical and specialized nature may be installed at Covered Project sites. The nature of the equipment, together with the requirements for manufacturer's warranties, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of the manufacturer's personnel. The Unions agree that such equipment is to be installed without incident. (b) The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor-savings devices and methods of performing Covered Work. The Unions agree that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install, or work with any standardized and/or catalogue parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, modular products or materials, whatever their source of manufacture or construction.
(c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, device, or item, or method of work arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will proceed as directed by the Contractor, and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 10.

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ARTICLE 10

SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 10.1 Cooperation and Harmony on Site.
(a) This PLA is intended to establish and foster continued close cooperation between management and labor. The Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the Project Labor Coordinator, together with the Contractors, to complete construction of the Covered Projects economically, efficiently, continuously, and without any interruption, delays, or work stoppages.
(b) The Project Labor Coordinator, the Contractors, Unions, and employees, collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance of Covered Work, and agree to resolve all disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 7 or 8.
(c) The Project Labor Coordinator shall observe the processing of grievances under this Article and Articles 7 and 8, including the scheduling and arrangement of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal Parties to any pending grievance to ensure the time limits and deadlines are met.

Section 10.2 Processing Grievances. Any disputes arising out of and during the term of this PLA involving its interpretation and application, and all disputes involving the interpretation or application of the applicable Schedule A's, but not alleged violations of Articles 7 or 8, shall be considered a grievance and subject to resolution under the following procedures.

Step 1. (a) Employee Grievances. When any employee subject to the provisions of this PLA feels aggrieved by an alleged violation of this PLA or the applicable Schedule A, the employee shall, through his local Union business representative or job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated, the details of the alleged violation and the remedy sought to resolve the matter. A grievance shall be considered null and void if notice of the grievance is not given within the ten (10) day period. A business representative of the local Union or the job steward

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and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving Party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the applicable agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the Parties directly involved. (b) Union or Contractor Grievances. Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) additional working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in Step 1(a) above for the adjustment of an employee complaint.

Step 2. The business manager of the involved local Union or his designee, together with the site representative of the involved Contractor, and the labor relations representative of the Project Labor Coordinator shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.

Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union or Contractor Party may request in writing to the Project Labor Coordinator (with copy[ies] to the other Party[ies]) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed-upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Robert M. Hirsch; (2) Kenneth Perea; (3) Sara Adler; (4) John Kagel; (5) Michael Prihar; (6) Michael Rappaport; and (7) Fred Horowitz. The decision of the arbitrator shall be final and binding on all Parties, and the costs and expenses of such arbitrations shall be borne equally by the involved Contractor(s) and the involved Union(s).
(b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to

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make decisions only on issues presented and shall not have the authority to change, amend, add to, or detract from any of the provisions of this PLA or the applicable Schedule A.

Section 10.3 Limit on Use of Procedures. Procedures contained in this Article shall not be applicable to any alleged violation of Article 7 or 8, with a single exception that any employee discharged for violation of Section 7.2 may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation.

Section 10.4 Notice. The Project Labor Coordinator shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the Project Labor Coordinator shall, upon its own request, be permitted to participate fully in all proceedings at such steps.

ARTICLE 11

COMPLIANCE
Section 11.1 Compliance with All Laws. The Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances, and regulations including, but not limited to, those relating to safety and health, employment, and applications for employment. All employees shall comply with the safety regulations established by the Public Agency, the Project Labor Coordinator, and the Contractor. Employees must promptly report any injuries or accidents to a supervisor.

ARTICLE 12

SAFETY AND PROTECTION OF PERSON AND PROPERTY
Section 12.1 Safety.
(a) It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with all applicable safety laws and regulations and any safety rules contained herein or established by the Public Agency, the Prime Contractor, or the Contractor. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the Public Agency.
(b) All Parties and Contractor employees shall be bound by the safety, security, and visitor rules established by the Prime Contractor, Contractor and the

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Public Agency. These rules will be published and posted. An employee's failure to satisfy his/her obligations under this Section will subject him/her to discipline, up to and including discharge.

Section 12.2 Drug and Alcohol Testing Policy. The Parties agree to adopt the Drug and Alcohol Testing Policy attached hereto as Attachment C, which is the exclusive Drug and Alcohol Testing Policy for the Project.

Section 12.3 Inspection. All inspections shall be performed in accordance with the requirements in the prime contract.The inspection of shipments of equipment, machinery, and construction materials of every kind shall be performed at the discretion of the Contractor by individuals of its choice.

ARTICLE 13

TRAVEL, SUBSISTENCE AND PARKING
Section 13.1 Travel expenses, travel time, subsistence allowances and/or zone rates, and parking reimbursements shall not be applicable to work under this PLA, except to the extent provided for in any applicable prevailing wage determination. Parking for employees covered by this PLA shall be provided by the Contractor(s) according to the provision of the applicable Schedule A’s.

ARTICLE 14

APPRENTICES
Section 14.1 Importance of Training. The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local workforce in the area served by the Public Agency, and the opportunities to provide continuing work on Covered Projects for Local Residents. To these ends, and consistent with any laws or regulations, the Parties will facilitate, encourage, and assist Local Residents to commence and progress in Apprenticeship Programs and/or apprenticeship readiness programs in the construction industry leading to participation in such Joint-Labor Management Apprenticeship Programs. The Project Labor Coordinator, the Contractors, the Public Agency, and the Council and Unions, will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them

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for entry into Apprenticeship Programs. Apprentices, if utilized, must be enrolled in a California Apprenticeship Council-approved Program.

Section 14.2 Use of Apprentices.
(a) The Unions and Contractors agree to cooperate in referring and employing Apprentices up to the maximum percentage allowed by the State Labor Code and the standards of each Joint Labor-Management Apprenticeship Program. The minimum ratios for Apprentice to journeyperson hours worked shall be in compliance, at a minimum, with the applicable provisions of the California Labor Code relating to utilization of Apprentices. The Public Agency, unless otherwise required by law, shall encourage such utilization, and, both as to Apprentices and the overall supply of experienced workers, the Project Labor Coordinator will work with the Council, Apprenticeship Programs, and Contractors to assure appropriate and maximum utilization of Apprentices and the continuing availability of both Apprentices and journeypersons.
(b) The Parties and Contractors will comply with all applicable laws and regulations in the request for dispatch and employment of Apprentices. (c) The Parties agree that Apprentices will not be dispatched to Contractors working under this PLA unless there is a journeyperson or other Contractor employee working on the Project where the Apprentice is to be employed who is qualified to assist and oversee the Apprentice's progress through the program in which he/she is participating.

ARTICLE 15

LEGAL ACTION
Section 15.1 Legal Action. The Public Agency, Council and Unions recognize the substantial legal costs (including all attorney’s fees and associated disbursements) that might accrue with regard to any legal challenge over this PLA and related to claims directly challenging the legality of this PLA, or a particular section or language that has been adopted herein. In the event of a legal challenge, the Council, on behalf of itself and affiliated Unions, agrees to seek to intervene in the legal action and actively participate in the litigation or other action to defend the legality of this PLA, or a particular section or language herein. The failure of the Council to seek to intervene in the legal action and actively participate to defend the legality of this PLA will constitute a material breach of this PLA. In the event the Council is denied leave to intervene in the legal action, the Council shall have its counsel

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coordinate with counsel for the Public Agency, at the Council’s own expense, regarding how the Council can best support the Public Agency’s legal position.

ARTICLE 16

PRE-JOB CONFERENCE
Section 16.1 Each Contractor is required to conduct a pre-job conference with the Unions not later than fourteen (14) calendar days prior to commencing work. The purpose of the conference will be to, among other things, convey craft manpower needs, the schedule of work for the Covered Project, project work rules, and propose preliminary Union work assignments. The Project Labor Coordinator may work with the Prime Contractor and Council to facilitate the scheduling of all pre-job conferences, but ensuring each Contractor conducts a pre-job conference in accordance with this Agreement is the responsibility of the Prime Contractor. All preliminary Union work assignments shall be disclosed by each Contractor at a pre-job conference. Should there be work within the scope of a Construction Contract for a Covered Project that was not previously assigned at a pre-job conference, or additional work be added to the scope of a Covered Project, the Contractor(s) performing such work will conduct a separate pre-job conference.

Any Union in disagreement with a proposed assignment shall notify the affected Contractor of its position in writing, with a copy sent to the Project Labor Coordinator, within seven (7) calendar days after the pre-job conference occurred.

Within seven (7) calendar days after the period allowed for Union notices of disagreement with the Employer’s proposed assignments, but prior to the commencement of any work, the Employer shall make final assignments in writing with copies sent to the Project Labor Coordinator and Council.

Section 16.2 A Contractor’s failure to conduct a pre-job conference in accordance with this PLA is considered a breach of contract, and any affected Union may pursue a grievance under Article 10 of this PLA to seek a remedy for such a violation.

Provided, however, if the Contractor has conducted a pre-job conference in accordance with this PLA, that Contractor is not required to participate in any additional pre-job conferences or mark-up meetings related to the original scope(s) of work assigned at the pre-job conference.

Section 16.3 The Project Labor Coordinator may attend and facilitate each pre-job conference.

At each pre-job conference, the Project Labor Coordinator shall address the programs, goals and outcomes related to Local Resident employment, as well as the progress of implementing the Work Opportunities Program.

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ARTICLE 17

LABOR/MANAGEMENT AND COOPERATION
Section 17.1 Labor/Management Collaboration Meetings. The Parties will conduct periodic labor/management cooperation meetings, which will be chaired jointly by a designee of the Public Agency and a designee of the Council. The co-chairs shall determine the frequency and scheduling of the meetings with the assistance of the Project Labor Coordinator. The purpose of the meetings shall be to update the Parties about the progress and schedule of Covered Projects, promote harmonious and stable labor management relations, ensure effective and constructive communication between labor and management Parties, advance the proficiency of work in the industry, and to evaluate and ensure an adequate supply of skilled labor for all Covered Projects. The Project Labor Coordinator shall prepare reports detailing the outcomes of the Local Resident and Apprentice utilization goals on each Covered Project, and the implementation and progress of the Work Opportunities Program. All Parties will be invited to attend the labor/management cooperation meetings. Substantive grievances or disputes shall not be reviewed or discussed by this Committee but shall be processed pursuant to the provisions of the appropriate Article.

ARTICLE 18

SAVINGS AND SEPARABILITY
Section 18.1 Savings Clause. It is not the intention of the Public Agency, the Project Labor Coordinator, Contractor, or the Union Parties to violate any laws governing the subject manner of this PLA. The Parties hereto agree that in the event any provision of this PLA is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the PLA shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this PLA. Further, the Parties agree that if and when any provision(s) of this PLA is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this PLA is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this PLA, then the Parties agree that all Covered Projects that would otherwise be covered by this PLA should be

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continued to be bid and constructed without application of this PLA so that there is no delay or interference with the ongoing planning, bidding, and construction of any Covered Projects.

Section 18.2 Effect of Injunctions or Other Court Orders. The Parties recognize the right of the the Public Agency to withdraw, at its absolute discretion, the utilization of the PLA as part of any bid specification should a court of competent jurisdiction issue any order, or any applicable statute that could result, temporarily or permanently, in delay of the bidding, awarding, and/or construction on the Project.

ARTICLE 19
WAIVER
Section 19.1 Waiver. A waiver of or a failure to assert any provisions of this PLA by any or all of the Parties hereto shall not constitute a waiver of such provision for the future.

Any such waiver shall not constitute a modification of the PLA or a change in the terms and conditions of the PLA and shall not relieve, excuse or release any of the Parties from any of their rights, duties, or obligations hereunder.

ARTICLE 20

AMENDMENTS
Section 20.1 (a) Amendments; Most Favored Nation; The provisions of this PLA can be renegotiated, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the Council and the Public Agency. (b) Most Favored Nation. In the event that any city with a population of 100,000 or less (as of the effective date of this PLA) executes a project labor agreement with the Council, Public Agency shall maintain an option, in its sole and exclusive discretion, to amend this PLA to contain substantively all of the provisions as that of said project labor agreement.

ARTICLE 21

DURATION OF THE PLA
Section 21.1 Duration. This PLA shall be effective on the date when it has been executed by both the Council and the Public Agency. The Agreement shall continue in full force and effect for a term of three (3) years after the initial effective date (provided, however, it shall continue in effect for all work awarded prior to such

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termination date until the completion of such Project Work). At the end of the initial three (3) year term, this PLA shall automatically renew for an additional term of three (3) years unless either party provides written notice to the other at least 60 days before the expiration date of its intention to renegotiate or terminate the PLA.

Section 21.2 Turnover and Final Acceptance of Completed Work. (a) Turnover and final acceptance of Completed Work shall be in accordance with the requirements of the prime contract and CityPublic Agency policy. As areas and systems of the Covered Project are inspected and construction-tested and/or approved and accepted by the City or third parties with approval of the CityPublic Agency, the PLA shall have no further force or effect on such items or areas, except when the Contractor is directed by the CityPublic Agency to engage in repairs, modifications or warranty work required by its Contract(s) with the CityPublic Agency or the Prime Contractor.

Construction of any phase, portion, section, or segment of Covered Projects Work shall be deemed complete when such phase, portion, section or segment has been turned over to the Public Agency by the Prime Contractor and the Public Agency has accepted such phase, portion, section, or segment. As areas and systems of the Covered Project are inspected and construction-tested and/or approved and accepted by the Public Agency or third parties with approval of the Public Agency, the PLA shall have no further force or effect on such items or areas, except when the Contractor is directed by Public Agency to engage in repairs, modifications or warranty work required by its Contract(s) with the Public Agency or the Prime Contractor.

The Parties agree to recognize and implement all applicable changes on their effective dates, except as otherwise provided by this PLA; provided, however, that any such provisions negotiated in said collective bargaining agreements will not apply to work covered by this PLA if such provisions are less favorable to the Contractor under the PLA than those uniformly required of Contractors for construction work normally covered by those agreements in San Diego County; nor shall any provision be recognized or applied if it may be construed to apply exclusively or predominantly to work covered by this PLA. Any disagreement between the Parties over the incorporation into a Schedule A of any such provision agreed upon in a negotiation of the local collective bargaining agreement that is the basis for a Schedule A shall be resolved under the procedures established in Article 10.

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Section 21.4 Final Termination. Final termination of all obligations, rights, and liabilities, and disagreements shall occur upon receipt by the Council of a Notice from the Public Agency saying that no work remains within the scope of the PLA.

ARTICLE 22
WORK OPPORTUNITIES PROGRAM[DELETED]
Section 22.1 The magnitude, duration, and complexity of the Covered Projects will require large numbers of skilled craft personnel and create significant economic opportunities for Local Residents. It is therefore the understanding and intention of the Parties to use the opportunities provided by the extensive amount of work to collaborate and implement programs and procedures, which may include, for example, North America’s Building Trades Unions Multi-Craft Core Curriculum (MC3) apprenticeship readiness programs, to prepare persons, especially Local Residents, for entrance into Apprenticeship Programs to begin or continue their construction careers on Covered Projects and future projects. With assistance from the Project Labor Coordinator, the Contractors, the Unions and their affiliated regional and national organizations will work jointly to promptly develop and implement procedures for the identification of craft needs, the scheduling of work to facilitate the utilization of available craft workers, and the securing of services of craft workers in sufficient numbers to meet the high demands of the Covered Projects to be undertaken.

Section 23.1 Veterans Entry into Building and Construction Trades. The Parties recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter the “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment, and construction aptitude, referral to Apprenticeship Programs or hiring halls, counseling and mentoring, support network, employment opportunities, and other needs as identified by the Parties.

Section 23.2 Integrated Database. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of Veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project.

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In witness whereof, the Parties have caused this Project Labor Agreement for the the Public Agency to be executed as of the date and year above stated.

Dated: _____________ SAN DIEGO BUILDING AND CONSTRUCTION

TRADES COUNCIL
By: _____________________________________
Carol Kim, Business Manager
Dated: _____________ CITY OF LA MESA
By: _____________________________________
Mark Arapostathis, Mayor
Approved as to form: _____________________________

SIGNATORY UNIONS AND
(See Attached)

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SIGNATORY UNIONS
By: By
:

Allied Workers Local 5 Boilermakers Local 92
By: By
:

Bricklayer & Allied Crafts Local 4 Cement Masons Local 500 / Area 744 By: By
:

Electrical Workers Local 569 Elevator Constructors Local 18 By: By
:

Painters and Allied Trades Local 1399 Iron Workers Local 229 By: By
:

Laborers Local 89 Plasterers Local 200
By: By
:

Plaster Tenders Local 1414 Operating Engineers Local 12 By: By
:

Plumbers & Pipefitters Local 230 Road Sprinkler Fitters Local 669 By: By
:

Roofers & Waterproofers Local 45 Sheet Metal Workers’ Local 206 By: By
:

Laborers Local 1184 Teamsters Local 166
By: By
:

Laborers Local 345 Tradeshow & Sign Crafts Local 831

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By: By
:

UA Local 345 Laborers Local 300
By:

Southwest Regional Council of Carpenters

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ATTACHMENT A – LETTER OF ASSENT
To be signed by all Contractors awarded work covered by the Project Labor Agreement prior to commencing work.
[CONTRACTOR’S LETTERHEAD]
DATE
Project Labor Coordinator
Address
Address
Address
Attention: ________________________
Re: [___________] Project Labor Agreement
Dear Sir:

This is to confirm that [Name of Company] agrees to be party to and bound by the [___________] Project Labor Agreement, effective ______, 202_, as such Agreement may from time to time be amended by the negotiating Parties or interpreted pursuant to its terms. Such obligation to be a Party and bound by this Agreement shall extend to all work covered by the Agreement undertaken by this Company on the Project pursuant to [Contract No. __________], and this Company shall require all of its subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical Letter of Assent prior to their commencement of work.

Sincerely,
[Name of Construction Company]
By:
[Name and Title of Authorized Executive]
[Copies of this Letter must be submitted to the Project Labor Coordinator and to the Council consistent with Article 3, Section 3.3(b)]

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ATTACHMENT B-1 – WORKFORCE DISPATCH REQUEST FORM

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ATTACHMENT B-2 – CONTRACTOR CORE WORKFORCE FORM

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ATTACHMENT C – DRUG AND ALCOHOL TESTING POLICY
The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this PLA and this policy, Attachment C – Drug and Alcohol Testing Policy, hereafter “Policy.”

1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the PLA.

2. No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy.

3. No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contractor's project manager. Said notice shall be provided at the pre-job conferences for each Covered Project. Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the Agreement and subject to the Article 10 grievance procedure.

4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method.

Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.

5. The following procedure shall apply to all drug and alcohol testing:
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle

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urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law. c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by SAMHSA and this Policy. Should these SAMHSA levels be changed during the course of the PLA or new testing procedures are approved, then these new regulations will be deemed as part of this existing PLA. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one (1) year. Handling and transportation of each sample must be documented through strict chain-of-custody procedures.
e. In the event of a confirmed positive test result, the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results, the Contractor may require a third test, at the Contractor’s expense. f. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project. g. No individual who tests negative for drugs and alcohol pursuant to the above procedure and becomes employed on the project shall again be subjected to drug and alcohol testing with the following exceptions:
1) Employees who are involved in industrial accidents resulting in damage to plant, property, or equipment or injury to him/her or others may be tested for drugs or alcohol pursuant to the procedures stated hereinabove.
2) The Contractor may test employees following thirty (30) days' advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy

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to the Project Labor Coordinator. Such testing shall be pursuant to the procedures stated hereinabove.
3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two (2) persons, one (1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the Covered Project, the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug and alcohol testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment.

Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the work on the project;
c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by an SAMHSA-certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove.
e. Only two (2) periodic tests may be performed in a twelve (12)-month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.

8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the PLA.

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9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the Agreement shall be unaffected, and the Parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he/she may be reinstated.

11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law.

Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release by the employee, and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.

12. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subject to all Contractor rules, regulations, and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

13. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Policy.

14. This Policy shall constitute the only Policy in effect between the Parties concerning drug and alcohol abuse, prevention, and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the Parties.

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SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Marijuana metabolites
(THCA)2
50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite
(Benzoylecgonine) 150 ng/ml 3 Benzoylecgonine 100 ng/ml Codeine/
Morphine 2000 ng/ml Codeine Morphine 2000 ng/ml2000 ng/ml Hydrocodone/
Hydromorphone 300 ng/ml Hydrocodone Hydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone 100 ng/ml Oxycodone Oxymorphone
100 ng/ml
100 ng/ml
6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml
Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml
Amphetamine/
Methamphetamine 500 ng/ml Amphetamine Methamphetamine
250 ng/ml
250 ng/ml
MDMA4/MDA5 500 ng/ml MDMA
MDA
250 ng/ml
250 ng/ml
Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Barbiturates 300 ng/ml Barbiturates 200 ng/ml
Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml
Methadone6 300 ng/ml Methadone 100 ng/ml
Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml

1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.

The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCAandbenzoylecgonine):Theconfirmatory test cutoffmust beusedfor analternate technology initialtestthatisspecific for the target analyte (i.e., 15 ng/mlfor THCA, 100 ng/ ml for benzoylecgonine).
4 Methylenedioxymethamphetamine (MDMA)
5 Methylenedioxyamphetamine (MDA)
6 Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired and can safely perform their work, will not be considered to have violated this Policy.

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MEMORANDUM OF UNDERSTANDING REGARDING
“QUICK” DRUG SCREENING TESTS PURSUANT TO
ATTACHMENT C – DRUG AND ALCOHOL TESTING POLICY
It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the Policy. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Policy as a result of any occurrence related to the “quick” screen test.

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: April 8, 2025
SUBJECT: RESOLUTION AUTHORIZING SUBMITTAL OF A

GRANT APPLICATION TO THE SAN DIEGO

ASSOCIATION OF GOVERNMENTS SMART GROWTH

INCENTIVE PROGRAM TO FUND THE LA MESA

BOULEVARD COMPLETE STREETS GATEWAY

ROUNDABOUT, AND IF AWARDED, ACCEPTING AND

APPROPRIATING FUNDS FOR THE PROJECT
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council adopt a resolution authorizing the submission of a grant application to the San Diego Association of Governments for the Smart Growth Incentive Program to fund the La Mesa Boulevard Complete Streets Gateway Roundabout, and, if awarded, accepting and appropriating the funds for the project?
Recommendation:

Adopt a resolution authorizing submittal of a grant application to the San Diego Association of Governments for the Smart Growth Incentive Program to fund the La Mesa Blvd Complete Streets Gateway Roundabout, and if awarded, accept and appropriate the amount of the award for the project.

Fiscal Impact:

The cost estimate for this project is $3.8 million. The City is seeking a maximum grant amount from the program of $3.5 million, and if awarded the grant, the City must commit $300k in City funds for a local match, which are available from the following sources:

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 2 of 3

LM BLVD COMPLETE STREETS GATEWAY ROUNDABOUT

SGIP GRANT CITY MATCHING FUNDS

CIP FUND SOURCE REQUESTED AVAILABLE
RMRA SB1: CIP 302-2258RM $150,000 $1,090,697
Local TransNet: CIP 302-2253TR $150,000 $250,600
TOTAL $300,000 $1,341,297
City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.

Climate Action Plan Reduction Strategy:
 T-1: Bicycle and Pedestrian Infrastructure Development  T-8: Improve Traffic Flow
BACKGROUND:

In April of 2024, the City adopted the La Mesa Boulevard Complete Streets Plan Segment

1. The plan provides a framework for the redevelopment of the older auto-centric corridor into a thriving, mixed-use, active transportation corridor that emphasizes walking, biking, micro-mobility, and transit, and can serve as a model for the redevelopment of other established communities within the City.

The La Mesa Boulevard Complete Streets Segment 1 Corridor lies between Spring Street and Jackson Drive and includes MTS Bus Route 852 and is within one mile of a San Diego Trolley stations and has been identified as a Smart Growth Opportunity Area by the San Diego Association of Governments. Key features of this plan include the construction of roundabouts, the elimination of aging existing traffic signals, and the incorporation of enhanced transit stops along MTS Bus Route 852, thereby providing direct access to the San Diego Trolley at La Mesa Blvd. and Grossmont Transit Stations.

In addition, the installation of safe and inviting public spaces, streetscapes, water quality improvements, and other sustainability enhancements are also envisioned as part of the program.

DISCUSSION:

The intersection of Memorial Drive at La Mesa Boulevard and the replacement of the traffic signal with a modern roundabout were identified as key features of the adopted La Mesa Boulevard Complete Streets Plan. If the City is successful in obtaining Smart Growth Incentive Program (SGIP) funds, it could finance both the design and construction of a roundabout, which would offer benefits such as improved safety, enhanced traffic flow, and reduced environmental impact. Other anticipated features include additional green space, sidewalks, crosswalks, and a public artwork space.

Report to Mayor and Councilmembers
Date: April 8, 2025
Page: 3 of 3
CONCLUSION:

Staff recommends City Council adopt a resolution authorizing submittal of a grant application to the San Diego Association of Governments for the Smart Growth Incentive Program to fund the La Mesa Blvd Complete Streets Gateway Roundabout, and if awarded, accept and appropriate the amount of the award for the project.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Michael Kinnard__________________
Michael Kinnard, PE
Engineering Project Manager
Attachments: A. Resolution Authorizing Submittal of the Grant Application B. Project Location Map

RESOLUTION NO. 2025-

RESOLUTION OF THE COUNCIL OF THE CITY OF LA MESA AUTHORIZING

SUBMITTAL OF A GRANT APPLICATION TO THE SAN DIEGO ASSOCIATION

OF GOVERNMENTS (SANDAG) SMART GROWTH INCENTIVE PROGRAM TO

FUND THE LA MESA BOULEVARD COMPLETE STREETS GATEWAY

ROUNDABOUT, AND IF AWARDED, ACCEPTING AND APPROPRIATING

FUNDS FOR THE PROJECT
___________________________________________________________ WHEREAS, up to $45 million of TransNet funding for Smart Growth Incentive Program (SGIP) projects is available to local jurisdictions and the County of San Diego through the SGIP Program;
WHEREAS, the City of La Mesa wishes to receive grant funding from SANDAG; and WHEREAS, the City of La Mesa certifies that it has an adopted Climate Action Plan (CAP) or Greenhouse Gas (GHG) reduction plan that includes all of the following items:
 Establishes a locally appropriate 2035 and 2045 GHG reduction target for communitywide GHG emissions derived from the State’s legislative target (as established by SB 32 and AB 1249) and establishes long-term targets.
 Quantifies, using substantial evidence, how local GHG reduction strategies, programs, and measures would meet or exceed the local GHG reduction target.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City is authorized to submit an application to SANDAG for the Smart Growth Incentive Program in the amount of $3.5 million to fund the La Mesa Blvd Complete Streets Gateway Roundabout.

BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund $3.5 million, the City of La Mesa commits to providing $300,000 in matching funds from local Transnet ($150,000) and Road Maintenance and Rehabilitation (SB1) ($150,000) and authorizes City of La Mesa staff to accept the grant funds, execute the grant agreement, and complete the Project.

BE IT FURTHER RESOLVED that, City of La Mesa understands and agrees that SANDAG shall have no liability for costs that may arise associated with the Project(s), which are not included in the grant agreement(s), including but not limited to costs stemming from claims, litigation, changes in law, or force majeure events.

BE IT FURTHER RESOLVED that, the City, if awarded the grant, appropriates the funds in the amount of $300,000 for the La Mesa Blvd Complete Streets Gate Roundabout project, provided however, that if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 8
th day of April 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2025- , duly passed and adopted by the City Council of said City on said date, and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

UNIVERSITY AVE CYPRESS ST

LA MESA BLVD

LA MESA BLVD

PORTER HILL DR

CITY OF LA MESA

OWNED PARCEL

CITY OF LA MESA

OWNED PARCEL

CITY OF LA MESA

OWNED PARCEL
R/W
R/W
R/W

EXISTING BUS STOP

TO REMAIN
R/W

REMOVE LEFT TURN POCKET AND TIE

INTO EXISTING MEDIAN

MAINTAIN LEFT TURN POCKET

CONFORM TO EXISTING STRIPING

LA MESA SGIP APPLICATION

LA MESA BLVD / MEMORIAL DR ROUNDABOUT
3/24/2025
Sheet 1 of 2
N
0' 20' 40'
SCALE 1" = 20' MATCHLINE SEE SHEET 2 MEMORIAL DR
*R/W INFORMATION OBTAINED FROM SANGIS
LEGEND
RIGHT OF WAY*

RED COLORED BRICK MEDIAN INFILL

LANDSCAPING

PCC TRUCK APRON

SIDEWALK

DRAINAGE INLET

FULL DEPTH SECTION /

MILL AND OVERLAY

PROPOSED LIGHTING

PROJECT EXTENTS

SCHUYLER AVE

RANDLETT DR

LA MESA BLVD

BEGIN LANE DROP
R/W
R/W

MERGE TAPER SIGNAGE

AND STRIPING

LA MESA SGIP APPLICATION

LA MESA BLVD / MEMORIAL DR ROUNDABOUT
3/24/2025
Sheet 2 of 2
SEE SHEET 1 MATCHLINE
0' 20' 40'
*R/W INFORMATION OBTAINED FROM SANGIS SCALE 1" = 20'
LEGEND
RIGHT OF WAY*

RED COLORED BRICK MEDIAN INFILL

LANDSCAPING

PCC TRUCK APRON

SIDEWALK

DRAINAGE INLET

FULL DEPTH SECTION /

MILL AND OVERLAY

PROPOSED LIGHTING

PROJECT EXTENTS
N

DATE: April 8, 2025
TO: Mayor and Members of the City Council
FROM: Mayor Arapostathis and Councilmember Suzuki
SUBJECT: CONSIDERATION OF CHANGING THE NAME OF THE DEPARTMENT

OF COMMUNITY SERVICES TO THE DEPARTMENT OF PARKS AND

RECREATION AND THE COMMUNITY SERVICES COMMISSION TO

THE PARKS AND RECREATION COMMISSION
Background
In 1990, the Director of Parks and Recreation was asked to review staff roles and consider potential reorganization. Following this evaluation, the department proposed renaming itself the Department of Community Services to better reflect its focus on service-oriented programs. At the same time, the Parks and Recreation Commission was renamed to the Community Services Commission to align with the department’s name.

Discussion
Over the years, the name Community Services has led to confusion about the department’s role with residents often unsure about the services it provides. Many have mistakenly associated it with social services, public safety, Community Development, or community outreach rather than its actual focus of programing parks and recreational activities. Renaming the department and the commission back to Parks and Recreation would provide greater clarity to the public.

Recommendation
It is recommended that the City Council direct staff to:

1. Draft the necessary amendments to the La Mesa Municipal Code to rename the Department of Community Services back to the Department of Parks and Recreation, update all associated commissions names accordingly, and return to the City Council within 90 with a draft ordinance for consideration.

2. Update all position titles currently associated with the Department of Community Services to reflect the Parks and Recreation name.

3. Conduct outreach to inform employees, residents and stakeholders of the transition and provide information of the changes.