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ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED couNw coUNsEL STATEMENT:
"The terms and provlsions of the agreement are fully authorízed under State and local law and the agreement provides full legal authority for the county.,, Date: oY/26 /t >
By County Counsel
Page4 of4
Attachment D
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AMENDMENT SIX TO
COOPERATION AGREEMENT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF ____________
This Amendment Number SIX SIX
entered into by the County of Orange, a political subdivision of the State of California, _____________ IEU Number UU8GVBB2MKX5
24, hereinafter
WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT - , as amended, commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1, 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, the Original Agreement was amended by Amendment FOUR, effective as of July 1, 2018; and
WHEREAS, the Original Agreement was amended by Amendment FIVE, effective as of July 1, 2021; and
Notice CPD-23-02 three years provided that
COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on April 28, 2023; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
WHEREAS, the Parties agree to further amend the Original Agreement at this time in the manner set forth herein.
LA PALMA
LA PALMA
Attachment D
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1
NOW, THEREFORE, the Parties hereby agree as follows:
I. Modifications to the Original Agreement
1. Section 2 of the Original Agreement is amended in its entirety as follows:
funded from annual Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program funds appropriated for Fiscal Years 2024-2025, 2025-2026 and 2026-2027 and from any program income generated from the expenditure
2. Section 6 of the Original Agreement shall be amended to add subsection (c.) as follows:
ewal
and lower3. Section 9 of the Original Agreement shall read as amended in its entirety as follows:
This Agreement shall cover Fiscal Years 2024-2025, 2025-2026 and 2026- 2027, respectively of CDBG, HOME and ESG program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement).
In no event shall this agreement be terminated by either Party before June 30, 2027, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.
This Agreement remains in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewal) are expended and the funded activities completed, and the COUNTY and CITY cannot terminate or withdraw from this Agreement while it remains in effect. 4. Section 10 shall be added to Agreement to read:
23-03, and subsequent CPD Notices,
this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the notice must be sent to HUD Field Office. COUNTY shall notify CITY in writing of its right not to participate any longer than the date Attachment D
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1
5. Section 11 of the Original Agreement is amended to read:
to this Agreement as
may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 2024 and to submit such amendments to HUD. The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such
6. Section 14 of the Original Agreement is amended to add subsection (d) as follows:
through
7. Section 24 of the Original Agreement is amended to read:
June 2023 the notification from HUD that CITY has qualified as a re-qualification process for Fiscal Years 2024-25, 2025-2026, and 2026- 2027. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban II. Additional Agreements
1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.
2. The COUNTY and the CITY shall take all actions necessary to assure ation under section 104(b) of Title I
of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing as required under See 24 CFR 91.225(a) and 5.105(a). The Parties shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. The Parties agree that no urban county funding will be used for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes Attachment D
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1
certification. The Parties acknowledge and agree that noncompliance by a unit of general local government included in an urban county may constitute noncompliance by the grantee (i.e., the urban 14 county) that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.
3. The CITY, and all other applicable units of general local government, may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or nonFederal considerations, but must use such funds for activities eligible under title I of the Act.
4. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Amendment SIX, remain unchanged and in full force and effect.
Attachment D
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1
IN WITNESS WHEREOF, CITY has caused this Amendment SIX to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment FIVE to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.
ATTEST:
City of , a municipal
Corporation in the State of California
By: By:
Name: Name:
Title: City Manager Title: City Clerk
Date: Date:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Dylan Wright, Director
Orange County Community Resources
Date:
La Palma
June 6, 2023
Attachment D
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1 7/19/2023
////////////////////////////////////////////////////////////////////////////////////////////
ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
By: Deputy County Counsel Date: __________
Attachment: HUD 424-B
Attachment D
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1 6/27/2023
Agenda Item No. 8 August 4, 2026 | 1
City of La Palma
Agenda Item No. 8
MEETING DATE: August 4, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Jake Chavira, Acting Community Development & Public Works Director
AGENDA TITLE: Second Amendment to the Agreement with City Advisors, LLC, for Professional Planning and Community Development Staff
Augmentation Services
RECOMMENDED ACTION:
Approve and authorize the City Manager to execute the second amendment to the agreement with City Advisors, LLC, to increase the not-to-exceed amount from $50,000 to $58,000 for the period from November 4, 2025 to June 30, 2026.
BACKGROUND:
Following the departure of the Community Development and Public Works Director in October 2025, the City required professional planning support and staff augmentation services to maintain critical operations in the Community Development Department, including entitlement processing, long-range planning, development coordination, and special projects. On November 4, 2025, the City Council authorized the City Manager to execute an agreement with City Advisors, LLC for an amount not to exceed $50,000 for municipal planning, CEQA compliance, project management, and interdepartmental coordination services. The agreement expired on June 30, 2026.
On June 2, 2026, the City Council approved and authorized an amendment to the initial agreement to extend professional planning support and staff augmentation services from July 1, 2026 through December 31, 2026 for an amount not to exceed $75,000. As noted in the staff report, staff anticipated that additional funding for the initial agreement in Fiscal Year 2025-26 would be necessary to continue services through the end of the fiscal year, which ended on June 30, 2026. The additional funding necessary is in the amount of $8,000.
FISCAL IMPACT:
Sufficient funding for the second amendment to the agreement is available through salary savings for the additional $8,000.
Agenda Item No. 8 August 4, 2026 | 2
ATTACHMENTS:
1. Second Amendment to the Agreement with City Advisors , LLC
2. First Amendment to the Agreement for Consultant Services - Exhibit A
1 SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
CITY ADVISORS, LLC
THIS AMENDMENT TO THE AGREEMENT FOR CONSULTANT SERVICES (the “Amendment”), is hereby entered into as of August 4, 2026, by and between the CITY OF LA PALMA (“City”), a California municipal corporation and CITY ADVISORS, LLC, a California limited liability company (“Consultant”). The Consultant and the City are together referred to as the “Parties” and each individually as “Party”.
RECITALS
1. WHEREAS, the Parties have entered into an Agreement for Consultant Services for community development support services dated November 4, 2025 and commencing on October 27, 2025 (the “Agreement”).
2. WHEREAS, on June 2, 2026, the Parties entered into an amendment to the Agreement (“First Amendment”) to (a) extend the Agreement’s term until December 31, 2026; (b) increase and standardize in-office availability of the Consultant’s Managing Principal; and (c) change the compensation structure for services provided from an hourly billing model to a fixed weekly retainer amount from July 1, 2026 to December 31, 2026. A true and correct copy of the First Amendment and its exhibits is attached hereto as Attachment “A.”
3. WHEREAS, the Parties mutually desire to enter into this amendment (“Second Amendment”) to increase the not to exceed amount from fifty-thousand dollars ($50,000) to fifty-eight-thousand dollars ($58,000) for the period from November 4, 2025 to June 30, 2026.
NOW, THEREFORE, in consideration for the mutual covenants herein, the Parties agree to amend the Agreement as follows:
1. Amend Section 2.1(a) to read as follows:
2.1 Payment by the City.
(a) For the period until June 30, 2026, the City shall pay to the Consultant for the performance of the Consultant Services described in Exhibit “A” compensation in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B” and not to exceed fifty-eight-thousand dollar ($58,000) during the term of the agreement until June 30, 2026 unless this agreement is mutually amended by both parties.
2. Except as noted above, all other terms of the Agreement shall remain in full force and effect.
2 IN WITNESS WHEREOF, this Second Amendment has been executed as of the date first written above.
CITY OF LA PALMA
By _____________________________________
Peter L. Kim
City Manager
ATTEST:
__________________________________
Norma I. Alley
City Clerk, MMC
APPROVED AS TO FORM:
COLANTUONO, HIGHSMITH &
WHATLEY, PC
______________________________
Ajit S. Thind, City Attorney
CITY ADVISORS, LLC
By
Stephanie Tomaino, AICP
CEO & Managing Principal
450755.4
Attachment A
June 2, 2026, First Amendment to Agreement for Consultant Services
450755.4
1 AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
CITY ADVISORS, LLC
THIS AMENDMENT TO THE AGREEMENT FOR CONSULTANT SERVICES (the “Amendment”), is hereby entered into as of June 2, 2026, by and between the CITY OF LA PALMA (“City”), a California municipal corporation and CITY ADVISORS, LLC, a California limited liability corporation (“Consultant”). The Consultant and the City are together referred to as the “Parties” and each individually as “Party”.
RECITALS
1. WHEREAS, the Parties have entered into an Agreement for Consultant Services for community development support services dated November 4, 2025 (the “Agreement”). A true and correct copy of the Agreement is attached hereto as Exhibit “A”.
2. WHEREAS, Section 1.2 of the Agreement provides the Agreement term is October 27, 2025 until June 30, 2026, unless sooner terminated;
3. WHEREAS, Section 2.1 of the Agreement provides for Consultant to be compensated for services in accordance with the Budget and Fee Schedule attached as Exhibit “B” to the Agreement, and not to exceed fifty thousand dollars ($50,000) during the term of the Agreement unless amended by the Parties;
4. WHEREAS, Exhibit “B” to the Agreement states hourly billing rates for employees and subcontractors of City Advisors, LLC through December 31, 2026, with different hourly rates for remote and in-person work;
5. WHEREAS, Exhibit “B” to the Agreement contemplates Consultant to provide services in-office and remotely, but the Agreement does not specify hours that should be provided in-office; and
6. WHEREAS, the Parties mutually desire to enter into this Amendment to (a) extend the Agreement’s term until December 31, 2026; (b) increase and standardize in-office availability of the Contractor’s Managing Principal; (c) change the compensation structure for services provided from an hourly billing model to a fixed monthly retainer amount from July 1, 2026 to December 31, 2026.
NOW, THEREFORE, in consideration for the mutual covenants herein, the Parties agree to amend the Agreement as follows:
1. Amend subparagraph (A) of the Recitals to read as follows:
A. The City requires the services of, and desires to retain, a consultant to perform the services set forth and described in the Scopes of Work attached hereto and incorporated by these references as (a) for the period until June 30, 2026, Exhibit “A”; and (b) for the period between July 1, 2026 and December 31, 2026, Exhibit “A” and Exhibit “D” (hereinafter, the “Consultant Services”).
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2 2. Amend Section 1.1 to read as follows:
1.1 Retention of Consultant. The City hereby retains the Consultant, and the Consultant accepts this retention from the City, to perform the Consultant Services as set forth in: (a) for the period until June 30, 2026, the Scope of Work attached hereto as Exhibit “A”; and (b) for the period between July 1, 2026 and December 31, 2026, the Scopes of Work attached hereto as Exhibit “A” and Exhibit “D”.
3. Amend Section 1.2 to read as follows:
1.2 Term. This Agreement shall commence on October 27, 2025, and shall be in full force and effect through December 31, 2026, unless sooner terminated pursuant to the provisions of this Agreement.
4. Amend Section 1.8 to read as follows:
1.8 Coordination With City. In the performance of the Consultant Services, the Consultant shall report to and receive instructions from the City Manager of the City or his or her designee (“Contract Administrator”). Tasks or services other than those specifically described in the Scopes of Work shall not be performed by the Consultant or any sub-consultant or subcontractor without the prior written approval of the Contract Administrator pursuant to Section 1.11 herein.
5. Amend Section 1.11 to read as follows:
1.11 Additional Services.
(a) This subsection applies to Consultant’s scope of work until June 30, 2026. If the City changes the scope of the Consultant Services to be performed before June 30, 2026 by the Consultant, or if the Consultant is requested to perform services before June 30, 2026 not specifically described in the Scope of Work for the period until June 30, 2026 (“Additional Services”), the Consultant shall perform such services as are necessary to complete the work, and compensation for the work performed shall be paid by the City in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B” and incorporated herein by this reference, or as otherwise may be agreed in writing by the City and the Consultant. It is expressly understood by the Consultant that the provisions of this Section 1.11 shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. The Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than the Consultant anticipates and that the Consultant shall not be entitled to additional compensation therefor. Unless contradictory of this Section 1.11, all provisions in this Agreement applicable to the Consultant’s performance of the Consultant Services shall also apply to the Additional Services.
(b) This subsection applies to Consultant’s scope of work between July 1 and December 31, 2026. If the City changes the scope of the Consultant Services to be performed between July 1 and December 31, 2026 by the Consultant, or if the Consultant is requested to perform services between July 1 and December 31, Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
3 2026 not specifically described in the Scopes of Work in Exhibits “A” and “D” for the period between July 1 and December 31, 2026 (“Additional Services”), the Consultant shall perform such services as are necessary to complete the work, and compensation for the work performed shall be paid by the City in accordance with the Budget and Fee Schedule attached hereto as Exhibit “C” and incorporated herein by this reference, or as otherwise may be agreed in writing by the City and the Consultant. It is expressly understood by the Consultant that the provisions of this Section 1.11 shall not apply to services specifically set forth in the Scopes of Work or reasonably contemplated therein. The Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scopes of Services may be more costly or time consuming than the Consultant anticipates and that the Consultant shall not be entitled to additional compensation therefor. Unless contradictory of this Section 1.11, all provisions in this Agreement applicable to the Consultant’s performance of the Consultant Services shall also apply to the Additional Services.
6. Add Section 1.12 to the Agreement, to read as follows:
1.12 Weekly Hours. Between July 1 and December 31, 2026, Consultant through its Managing Principal shall provide services of less than 20 hours per calendar week. These hours shall include two full days of in-office support per calendar week, tentatively from 10:00 a.m. to 6:00 p.m., and four additional hours, which may be worked as an in-office half-day or used throughout the week for on-call support, email follow-up, phone calls, coordination, and other timesensitive matters.
7. Amend Section 2.1 to read as follows:
2.1 Payment by the City.
(a) For the period until June 30, 2026, the City shall pay to the Consultant for the performance of the Consultant Services described in Exhibit “A” compensation in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B” and not to exceed fifty-thousand dollars ($50,000) during the term of the agreement until June 30, 2026 unless this agreement is mutually amended by both parties.
(b) For the period between July 1, 2026 and December 31, 2026, the City shall pay to the Consultant for the performance of the Consultant Services described in Exhibits “A” and “D” compensation in accordance with the Budget and Fee Schedule attached hereto as Exhibit “C”. Compensation shall not exceed seventy-five thousand dollars ($75,000) during the July 1, 2026 to December 31, 2026 period unless this agreement is mutually amended by both parties. (c) For the period between July 1, 2026 and December 31, 2026, should the City require the services of the Consultant’s CEQA subcontractors, the City shall pay to the Consultant for the performance of the Consultant Services described in Exhibits “A” and “D” compensation in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B.” The combined compensation for Contractor under Exhibit “C” together with compensation for Contractor’s CEQA subcontractors under Exhibit “B” shall not exceed seventy-five thousand dollars Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
4 ($75,000) total during the July 1, 2026 to December 31, 2026 period unless this agreement is mutually amended by both parties.
8. Amend Section 4.1 to read as follows:
4.1 Termination By the City. The City reserves and has the right and privileges, at its sole discretion and with or without cause at any time during the term of this Agreement, of suspending, canceling or terminating this Agreement or any work in connection with this Agreement with or without any breach or failure to perform of the Consultant. Upon receipt of any notice of termination from the City, the Consultant shall immediately cease all services hereunder except such as may be specifically approved in writing by the Contract Administrator. In the event of termination under this Section 4.1, all finished or unfinished data, studies, maps, reports, and other items prepared by the Consultant shall become the property of the City, and the Consultant shall promptly deliver such items to the City. In the event of termination under this Section 4.1, the City shall pay the Consultant for all authorized services performed and for all authorized and invoiced expenses incurred up to the date of termination of this Agreement, on a time and materials basis in accordance with: (a) if termination occurs on or before June 30, 2026 the Budget and Fee Schedule attached hereto as Exhibit “B”; and (b) if termination occurs between July 1 and December 31, 2026, the Budget and Fee Schedule attached hereto as Exhibit “C”.
9. Amend subsection (b) of Section 4.3.2 to read as follows:
(b) Take over the work and prosecute the same to completion by contract with another consultant or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder, including costs incurred by the City in retaining a replacement consultant and similar expenses, exceeds the Budget contained in Exhibit “B” for the period until June 30, 2026, or the Budget contained in Exhibit “C” for the period between July 1, 2026 to December 31, 2026.
10. Add Exhibit “C” to the Agreement, to read as follows:
Budget and Fee Schedule for July 1, 2026 through December 31, 2026
1. The Contractor’s services shall be billed at a fixed weekly retainer of $2,500 per week that the Contractor through its Managing Principal provides the services under this Agreement.
2. In the event of planned or unplanned absences of the Contractor’s Managing Principal, the Contractor shall bill the following amounts as the weekly retainer:
• Absence of one full calendar week or both full business days under Section
1.12 of this Agreement: do not bill one weekly retainer. • Absence in one calendar week of one full business day under Section 1.12 of this Agreement, such that Contractor’s Managing Principal will still provide inoffice services of at least one full business day: bill reduced weekly retainer of $1,250. The Contractor’s workload for the same calendar cycle shall also be reduced.
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5 3. Any weeks with City closures, whether or not combined with planned or unplanned absences, shall be billed as above according to the number of days for which the Contractor will be absent.
4. Contractor’s compensation shall be without regard to whether Contractor’s services are performed in-person or remotely, subject to compliance with Section
1.12 of this Agreement.
5. Contractor shall invoice the City through its Contract Supervisor on a monthly basis for all work performed by the Contractor under this Agreement. Invoices shall include a detailed list of services rendered and the number of hours associated with each task.
11. Add Exhibit “D” to the Agreement, to read as follows:
Scope of Work
The Consultant offers a full complement of planning services including the following:
Department Management and Staff Supervision:
• Provide day-to-day direction and technical supervision over Community Development (“CD”) staff in coordination with the Acting Community Development and Public Works Director, including the full-time employee, part-time staff, and any volunteer interns.
• Support staff in managing department priorities, customer service needs, permit
coordination, and internal City processes.
• Support the City’s business retention, attraction, and engagement efforts, including business mixers, business spotlights, and related economic development activities.
• Assist with other CD, planning, economic development, housing, customer service, and special project assignments as requested by the City Manager and/or Acting Director.
Customer Service and Public Inquiries:
• Respond to customer inquiries received through the general CD inbox, including emails and phone calls.
• Assist residents, property owners, businesses, applicants, and development teams with zoning, permitting, entitlement, and general CD questions.
• Develop customer service tools, handouts, checklists, and website content to make Community Development information easier to access and understand.
• Continue working with staff to prepare user-friendly materials, including OpenGov submittal checklists, ADU handouts, zoning information sheets, and other customer-facing resources.
Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
6 Current Planning and Development Review:
• Review, process, and coordinate planning applications submitted to the City.
• Prepare or oversee staff reports, notices, conditions of approval, findings, resolutions, and related entitlement documents. • Present planning applications, CD items, and related matters to the City Council or other review bodies, as needed.
• Serve as the primary point of contact for development and business proposals seeking City input prior to formal application submission.
• Where applicable, support cost recovery for development review work through developer deposit accounts.
Committee and Interdepartmental Support:
• Serve as the CD representative for the Economic
Development/Land Use Advisory and Business Engagement Ad Hoc Committees.
• Serve as the primary staff liaison for the Development and Circulation Committee.
• Coordinate with other City departments, consultants, applicants, and outside agencies on CD-related matters.
• Provide technical input and coordination on development, zoning, economic development, circulation, and business engagement issues.
Economic Development Support:
• Assist with implementation of the City’s Economic Development Strategic Plan.
• Support business retention, attraction, and engagement efforts. • Assist with planning and implementation of business outreach efforts, including business mixers, business spotlights, and other City-led business engagement initiatives.
• Provide planning input on business proposals, site selection inquiries, zoning questions, and potential development
opportunities.
Advanced Planning, Zoning Code, and Housing Element Implementation Assist with several additional advanced planning and customer service initiatives, including:
• Prepare an ordinance amending various sections of the Zoning Code to modernize regulations, improve usability, and address ambiguities.
• Update the City’s ADU Ordinance to comply with existing law and make the regulations more customer-friendly and easier to understand.
Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
7 • Assist with implementation of Housing Element programs. • Assist with the preparation and submission of housing data, annual reports, quarterly reports, and other required information to outside agencies.
• Identify opportunities to improve the organization, clarity, and accessibility of planning information on the City’s website. • Develop additional customer-facing materials to help residents, businesses, applicants, and developers better understand City requirements before submitting through OpenGov or contacting staff.
12. Except as noted above, all other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment has been executed as of the date first written above.
CITY OF LA PALMA
ATTEST:
By
Peter L. Kim
City Manager
Date Signed: _______________________
Norma I. Alley, MMC, City Clerk
Date Signed: _______________________
APPROVED AS TO FORM:
COLANTUONO, HIGHSMITH &
WHATLEY, PC
Ajit S. Thind, City Attorney
Date Signed: ____________________
CITY ADVISORS, LLC
By
Stephanie Tomaino, AICP
CEO & Managing Principal
Date Signed: _________________________
Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409 June 16, 2026
June 16, 2026
June 17, 2026
June 17, 2026
Exhibit “A”
Agreement for Consultant Services dated November 4, 2025 445512.1
Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
AGREEMENT FOR CONSULTANT SERVICES
CITY ADVISORS, LLC
THIS AGREEMENT FOR CONSULTANT SERVICES (hereinafter, the “Agreement”), is entered into as of November 4, 2025, by and between the CITY OF LA PALMA, a municipal corporation (hereinafter, the “City”), and CITY ADVISORS, LLC, a limited liability company (hereinafter, the “Consultant”). The Consultant and the City are hereafter together referred to as the “Parties” and each individually as a “Party.”
RECITALS
A. The City requires the services of, and desires to retain, a consultant to perform the services set forth and described in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by this reference (hereinafter, the “Consultant Services”).
B. By virtue of the Consultant’s expertise, experience, and background, the Consultant is qualified to perform the Consultant Services for and on behalf of the City.
C. The City and the Consultant mutually desire to enter into this Agreement for the provision of the Consultant Services by the Consultant for and on behalf of the City, in accordance with the terms and conditions set forth herein.
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the facts recited above and the covenants, conditions, and promises contained herein, the City and the Consultant mutually agree as follows:
1. RETENTION AND DUTIES OF CONSULTANT
1.1 Retention of Consultant. The City hereby retains the Consultant, and the Consultant accepts this retention from the City, to perform the Consultant Services as set forth in the Scope of Work attached hereto as Exhibit “A”.
1.2 Term. This Agreement shall commence on October 27, 2025, and shall be in full force and effect through June 30, 2026, unless sooner terminated pursuant to the provision of this Agreement.
1.3 Standard of Performance. The Parties mutually acknowledge that the City has retained the Consultant to perform the Consultant Services based upon the special skills, expertise, and experience of the Consultant. Accordingly, in performing the Consultant Services, the Consultant shall use the skill and care that a highly specialized professional with significant expertise in the field, would use under similar circumstances. To the extent that the Consultant retains sub-consultants or subcontractors to perform any portion of any of the Consultant Services, to the extent permitted hereunder, the Consultant has a duty to the City to ensure that the tasks and services performed by such sub-consultants and subcontractors meet the same highly specialized professional level, skill, and expertise expected of the Consultant.
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1.4 Licenses, Permits, Fees, and Approvals. The Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Consultant Services prior to commencing work. The Consultant and its employees, agents, and sub-consultants or subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Consultant Services. The Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the Consultant Services, and shall indemnify, defend and hold harmless the City and City Personnel against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against the City hereunder.
1.5 Personnel. The Consultant shall at all times allocate sufficient qualified personnel as required to perform the Consultant Services. The Consultant represents that the Consultant Services will be performed by the Consultant or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable Federal, State and local law to perform such tasks and services. The Consultant shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of the Consultant Services and as required by law.
1.6 Materials. The Consultant shall equip itself with all necessary goods, materials, equipment and personal property to perform the services specified in this Agreement.
The Consultant shall at all times ensure that all goods, materials, equipment and personal property included within the Consultant Services shall be of good quality, fit for the purpose intended.
1.7 Warranty. By executing this Agreement, the Consultant warrants that the Consultant (i) has thoroughly investigated and considered the Consultant Services to be performed, (ii) has carefully considered how the Consultant Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Consultant Services.
1.8 Coordination With City. In the performance of the Consultant Services, the Consultant shall report to and receive instructions from the City Manager of the City or his or her designee (“Contract Administrator”). Tasks or services other than those specifically described in the Scope of Work shall not be performed by the Consultant or any sub-consultant or subcontractor without the prior written approval of the Contract Administrator pursuant to Section 1.11 herein.
1.9 Subcontracting Prohibited. The Consultant shall not subcontract the performance of any of the Consultant Services without the prior written approval of the Contract Administrator.
1.10 Project Manager. The Consultant agrees that the following person shall be the project manager on behalf of the Consultant under this Agreement, and shall be principally responsible for performing the Consultant Services:
STEPHANIE TOMAINO, AICP
CEO AND MANAGING PRINCIPAL
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Notwithstanding the foregoing, the Parties acknowledge that persons other than the abovedesignated project manager of the Consultant may perform tasks or services under this Agreement if the performance of such tasks or services is under the supervision and control of the Consultant’s project manager. The Consultant shall not alter the assignment of the above-designated project manager without the prior written approval of the Contract Administrator.
1.11 Additional Services. If the City changes the scope of the Consultant Services to be performed by the Consultant, or if the Consultant is requested to perform services not specifically described in the Scope of Work (“Additional Services”), the Consultant shall perform such services as are necessary to complete the work, and compensation for the work performed shall be paid by the City in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B” and incorporated herein by this reference, or as otherwise may be agreed in writing by the City and the Consultant. It is expressly understood by the Consultant that the provisions of this Section 1.11 shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. The Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than the Consultant anticipates and that the Consultant shall not be entitled to additional compensation therefor. Unless contradictory of this Section 1.11, all provisions in this Agreement applicable to the Consultant’s performance of the Consultant Services shall also apply to the Additional Services.
2. COMPENSATION TO CONSULTANT
2.1 Payment by the City. The City shall pay to the Consultant for the performance of the Consultant Services compensation in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B” and not to exceed fifty-thousand dollars ($50,000) during the term of the agreement unless this agreement is mutually amended by both parties.
2.2 Invoices. The Consultant shall invoice the City on a monthly basis for all work performed by the Consultant under this Agreement. Invoices shall include billings for all charges, including authorized direct costs incurred by the Consultant during the month covered by the invoice. All charges for labor or professional services shall describe with specificity the services rendered and shall set forth the number of hours worked and hourly rates in accordance with the Budget and Fee Schedule. Within forty-five (45) days of receipt of an invoice, and upon determination by the City that the invoice is in order and that the Consultant has performed all requested or required services in a timely and competent manner, the City shall pay such invoice.
2.3 Record of Payment. The Consultant shall maintain records on all services for and charges to the City under this Agreement for a period of not less than twenty-four (24) months, or for any longer period required by law, after the termination of this Agreement, and make such records available for review and audit if requested by the City at any time during the term, or within twenty-four (24) months, or for any longer period required by law, after the termination of this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
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3. LEGAL RESPONSIBILITIES
3.1 Compliance with Law. The Consultant shall keep fully informed of all Federal and State laws and regional, county, and municipal ordinances and regulations which may in any manner affect those employed by the Consultant or the performance by the Consultant of any tasks or services for or on behalf of the City. The Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be responsible for the compliance therewith of all work and services performed by the Consultant by or on behalf of the City.
3.2 Independent Contractor. The Consultant is retained as an independent contractor only, for the sole purpose of rendering the Consultant Services, and is not an employee of the City. The City shall have the right to control the Consultant only as to results of the Consultant’s services rendered pursuant to this Agreement, and the City shall not have the right to control the means by which the Consultant accomplishes the services performed under this Agreement.
3.3 Non-Discrimination. The Consultant shall not discriminate against any employee or applicant for employment because of any impermissible classification pursuant to Federal or State law, including, but not limited to, race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The Consultant shall incorporate the foregoing provisions in all subcontracts.
3.4 Proprietary Information. All proprietary information developed by the Consultant in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, shall be the sole and exclusive property of the City, without restriction or limitation upon their use. The Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of the Consultant Services under this Agreement. The Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of services by the Consultant under this Agreement shall be made to the City, and that the Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by the City. The Consultant hereby agrees to deliver such proprietary information to the City upon the expiration or termination of this Agreement. It is understood and agreed that the proprietary information prepared pursuant to this Agreement is prepared specifically for the City and is not necessarily suitable for any future or other use. The Parties agree that, until final approval by the City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
3.5 Patented and Copyright Materials. The Consultant shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by the Consultant under this Agreement. Pursuant to Section 3.7 herein, the Consultant shall indemnify, defend (with legal counsel acceptable to the City), and hold the City and its elected and Docusign Envelope ID: B505FB6D-4ACB-4C02-BEA7-88EE8908C2D9 Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
appointed boards, members, officials, officers, agents, representatives, employees, and volunteers (“City Personnel”) harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
3.6 Prevailing Wages. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Consultant Services do not include construction, alteration, demolition, installation, or repair work or other otherwise exempt under California’s prevailing wage laws (Lab. Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of the Consultant Services, including, without limitation, any and all public works (as defined by applicable law), the Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Pursuant to Section 3.7 herein, the Consultant shall indemnify, defend (with legal counsel acceptable to the City), and hold the City and City Personnel harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by the Consultant or any party performing the Consultant Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by the Consultant or any party performing the Consultant Services on the Consultant’s behalf to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law.
3.7 Indemnification.
3.7.1 Indemnification of the City. Except as set forth in subdivision 3.7.2, the Consultant shall indemnify, defend (with legal counsel acceptable to the City), and hold harmless the City and City Personnel from and against any and all actions, suits, claims, demands, judgments, attorneys fees, costs, damages to persons or property, losses penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of the Consultant’s performance of any tasks or services for or on behalf of the City, whether or not there is concurrent active or passive negligence on the part of the City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of the City or any City Personnel. The Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorney’s fees incurred in connection therewith. The Consultant shall promptly pay any judgment rendered against the City or any City Personnel for any such claims or liabilities. In the event the City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such Claims arising out of or in connection with the work being performed or services being provided under this Agreement, the Consultant shall pay to the City any and all costs and expenses incurred by the City or City Personnel in such action or proceeding, together with reasonable attorney’s fees and expert witness fees.
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3.7.2 Design Professionals. The provisions of this subdivision 3.7.2 apply only in the event that the Consultant is a “design professional” within the meaning of the California Civil Code Section 2782.8(c). If the Consultant is a “design professional” within the meaning of Section 2782.8(c), then notwithstanding subdivision 3.7.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code Sections 2782 and 2782.6), the Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless the City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of the Consultant, any sub-consultant, subcontractor, or any other person directly or indirectly employed by them, or any person that any of them control, arising out of the Consultant’s performance of any task or service for or on behalf of the City under this Agreement. Such obligations to defend, hold harmless, and indemnify the City or any City Personnel, shall not apply to the extent that such Claims are caused in part by the sole negligence or willful misconduct of the City or such City Personnel. The Consultant’s cost to defend the City and/or City Personnel against any such Claim shall not exceed the Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with the City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent the Consultant has a duty to indemnify the City or any City Personnel under this subdivision (b), the Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from the Consultant’s negligence, recklessness, or willful misconduct.
3.8 Retention of Funds. The Consultant hereby authorizes the City to deduct from any amount payable to the Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate the City for any losses, costs, liabilities, or damages suffered by the City, and all amounts for which the City may be liable to third parties, by reason of the Consultant's negligent acts, errors, or omissions, or willful misconduct, in performing or failing to perform the Consultant's obligations under this Agreement. The City in its sole and absolute discretion, may withhold from any payment due to the Consultant, without liability for interest, an amount sufficient to cover such claim. The failure of the City to exercise such right to deduct or withhold shall not act as a waiver of the Consultant's obligation to pay the City any sums the Consultant owes the City.
3.9 Insurance. The Consultant shall not commence the performance of any work or services under this Agreement until the Consultant has obtained all insurance required hereunder, nor shall the Consultant allow any sub-consultant or subcontractor to commence services until all such insurance has been obtained by the sub-consultant or subcontractor. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. All insurance policies shall be issued by an insurance company currently authorized by the California Department of Insurance to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Docusign Envelope ID: B505FB6D-4ACB-4C02-BEA7-88EE8908C2D9 Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
City’s Risk Manager. The Consultant shall take out and maintain at all times during the performance of this Agreement the following policies of insurance:
3.9.1 Workers Compensation Insurance to cover the Consultant’s employees as required by law; and the Consultant shall require all subcontractors to provide such compensation insurance for all of the latter’s employees. Each such policy of worker compensation insurance shall carry the following endorsements:
(a) “The insurer waives all rights of subrogation against THE CITY OF LA PALMA, its officers, officials, agents, employees, and representatives.”
(b) “This insurance policy shall not be canceled, limited or nonrenewed by the insurer until thirty (30) days after receipt by THE CITY OF LA PALMA of a written notice of such cancellation, limitation, or reduction of coverage.”
3.9.2 Comprehensive General Liability Insurance for bodily injury, death, and property damage which may arise from the negligent performance of the Consultant, its employees, agents representatives, successors, and assigns while performing work or services under this Agreement, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. Each such policy of insurance shall be in a form satisfactory to the City and shall contain the following endorsements:
(a) “THE CITY OF LA PALMA, its officers, officials,
employees, and representatives, are hereby declared to be additional insureds under the terms of this policy with respect to the operations and activities of the named insured at or from the premises of THE CITY OF LA PALMA described above.” (b) “This insurance policy shall not be canceled, limited, or not renewed until thirty (30) days after receipt by THE CITY OF LA PALMA of a written notice of such cancellation, limitation, or reduction of coverage.” (c) “This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; THE CITY OF LA PALMA shall not be liable for the payment of premiums or assessments on this policy.”
3.9.3 Comprehensive Automobile Liability Insurance, The Consultant warrants and agrees that it has and will maintain sufficient automobile liability insurance necessary to cover the risks associated with this Agreement.
3.9.4 Professional Liability Insurance to protect the City from the Consultant’s negligent acts, errors, and omissions of a professional nature, with coverage in a minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and the Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
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3.9.5 Renewal of Insurance. At least thirty (30) days prior to the expiration of any policy of insurance required under Paragraph 3.9.1, 3.9.2, 3.9.3 or 3.9.4, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with the City.
3.9.6 Prohibited Insurance Provisions. Insurance policies required under Paragraph 3.9.1, 3.9.2, 3.9.3 or 3.9.4, shall not include any limiting provision or endorsement that has not been submitted to the City for approval. By way of example, additional insured endorsements shall not be limited to “ongoing operations,” exclude contractual liability, restrict coverage to the “sole” liability of the Consultant, or contain any other limitation contrary to this Agreement.
3.9.7 Variations to Insurance Requirements. The City may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.
3.10 Conflicts of Interest.
3.10.1 City Personnel. No City Personnel shall have any financial interest, direct or indirect, in this Agreement, or participate in any decision relating to this Agreement that affects his or her financial interest or the financial interest of any corporation, partnership, association or other entity in which he or she is interested, in violation of any federal, state or city statute, ordinance or regulation. The Consultant shall not employ any such person while this Agreement is in effect.
3.10.2 Consultant. The Consultant represents, warrants and covenants that he, she or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of the Consultant’s obligations and responsibilities under this Agreement. The Consultant further agrees that while this Agreement is in effect, the Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of the Consultant’s obligations and responsibilities under this Agreement.
The Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code section 87100 et seq.), the City may determine the Consultant to be a “consultant” as that term is defined by the Act. In the event the City makes such a determination, the Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by the City. In such event, the Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by the City.
3.11 No Undue Influence. The Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City shall receive compensation, directly or indirectly, from the Consultant, or from any Docusign Envelope ID: B505FB6D-4ACB-4C02-BEA7-88EE8908C2D9 Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
officer, employee, or agent of the Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. The Consultant further warrants that it has not employed or retained any company or person other than a bona fide employee working for the Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
3.12 No Benefit to Arise to City Employees. No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Consultant Services to be performed under this Agreement.
4. RIGHTS AND REMEDIES
4.1 Termination By the City. The City reserves and has the right and privileges, at its sole discretion and with or without cause at any time during the term of this Agreement, of suspending, canceling or terminating this Agreement or any work in connection with this Agreement with or without any breach or failure to perform of the Consultant. Upon receipt of any notice of termination from the City, the Consultant shall immediately cease all services hereunder except such as may be specifically approved in writing by the Contract Administrator.
In the event of termination under this Section 4.1, all finished or unfinished data, studies, maps, reports, and other items prepared by the Consultant shall become the property of the City, and the Consultant shall promptly deliver such items to the City. In the event of termination under this Section 4.1, the City shall pay the Consultant for all authorized services performed and for all authorized and invoiced expenses incurred up to the date of termination of this Agreement, on a time and materials basis in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B”.
4.2 Performance to the City’s Satisfaction. The Consultant agrees to perform all work to the reasonable satisfaction of the City. If the services performed under this Agreement are not satisfactory, the City has the right to take appropriate action, including but not limited to:
(i) meeting with the Consultant, its agents or subcontractors to review the quality of the work and resolve matters of concern; (ii) requiring the Consultant to have the work repeated at no additional fee until it is satisfactory; (iii) withholding payment of the City’s compensation to the Consultant for any unsatisfactory work performed; (iv) suspending delivery of work to the Consultant for an indefinite time; and/or (v) terminating this Agreement.
4.3 Default, Remedies.
4.3.1 Default of Insurance Requirements. In addition to any other remedies at law or equity the City may have if the Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time required by Section 3.9 herein, the City may, at its sole option, exercise any of the following Docusign Envelope ID: B505FB6D-4ACB-4C02-BEA7-88EE8908C2D9 Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for the Consultant’s breach:
(a) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; (b) Order the Consultant to stop work under this Agreement or withhold any payment that becomes due to the Consultant hereunder, or both, until the Consultant demonstrates compliance with the insurance requirements herein; and/or
(c) Immediately terminate this Agreement.
4.3.2 Other Defaults. In addition to any other remedies at law or equity the City may have, if the Consultant materially breaches any of the terms of this Agreement, the City's remedies shall include, but not be limited to, any or all of the following:
(a) Immediately terminate this Agreement; and/or
(b) Take over the work and prosecute the same to completion by contract with another consultant or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder, including costs incurred by the City in retaining a replacement consultant and similar expenses, exceeds the Budget contained in Exhibit “B”.
4.4 Force Majeure. Any time period specified in this Agreement for performance of services shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the City or the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the delaying Party shall within ten (10) days of the commencement of such delay notify the other Party in writing of the causes of the delay (“Force Majeure Event”). If the Consultant is the delaying Party, the City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. The City’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall the Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused. The Consultant’s sole remedy shall be extension of this Agreement pursuant to this section. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder. The current events related to the COVID-19 pandemic are known and shall not constitute Force Majeure Event, future impacts of the COVID-19 pandemic may be considered a Force Majeure Event to the extent that they prevent the performance of a Party's obligations under this Agreement.
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5. MISCELLANEOUS
5.1 Notices. All notices, invoices or other instruments required or permitted to be given under this Agreement shall be served by personal delivery or deposited in a United States mail depository, postage prepaid, and addressed as follows:
If to the City: CITY OF LA PALMA
7822 Walker Street
La Palma, CA 90623
If to the Consultant: City Advisors, LLC
P.O. Box 1292
Costa Mesa, CA 92628
Attn: Stephanie Tomaino, AICP
[email protected] | (949) 485-1960
or such other address or person as either Party may indicate to the other in writing. Service of any instrument by mail shall be deemed effective forty-eight (48) hours after deposit in a United States mail depository, postage prepaid, and addressed as set forth above.
5.2 Integration. This Agreement represents the entire understanding of the City and the Consultant as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement may not be modified, altered, or amended except in writing signed by both the City and the Consultant. The Contract Administrator is hereby authorized to approve and effectuate amendments to this Agreement to the extent permitted by applicable law.
5.3 Construction, Venue. This Agreement shall be construed in accordance with the laws of the State of California and as if drafted by both parties hereto. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted and maintained in the Superior Courts of the State of California in the County of Orange, or in any other appropriate court with jurisdiction in such County, and the Consultant agrees to submit to the personal jurisdiction of such court.
5.4 Rights and Remedies are Cumulative. Except as may be expressly set forth in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies or other rights or remedies as may be permitted by law or in equity shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies to which such Party may be entitled.
5.5 Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, the invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable term or provision in any other jurisdiction. Upon a Docusign Envelope ID: B505FB6D-4ACB-4C02-BEA7-88EE8908C2D9 Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
determination that any term or provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
5.6 Assignment. The Consultant shall not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the City; and any such assignment or other transfer without such consent shall be void.
5.7 Consultant not a City Agent. Except as the City may specify in writing, the Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. This Agreement does not grant to the Consultant any authority, express or implied, to bind the City to any obligation whatsoever.
5.8 Attorney’s Fees. In the event any action is commenced by one Party to this Agreement against the other to enforce any of the rights or obligations arising from this Agreement, the prevailing Party in such action, in addition to any other relief and recovery ordered by the court, shall be entitled to recover all statutory costs, together with reasonable attorney’s fees.
5.9 Successors and Assigns. Subject to the provisions of Paragraphs 1.9 and
5.6 hereinabove, this Agreement, and all of the covenants, terms, and conditions hereof, shall be binding upon, and inure to the benefit of, the City, the Consultant, and their respective successors and assigns.
5.10 Authority of Signatories. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
5.11 No Waiver. No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
5.12 No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
5.13 Non-Liability of City Personnel. No City Personnel shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.
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5.14 Execution. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.
5.15 Survival. The terms, provisions, representations and certification contained in this Agreement, or inferable therefrom, shall survive the termination of this Agreement and the payment of the compensation hereinabove provided.
5.16 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
5.17 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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IN WITNESS WHEREOF, this Agreement has been executed as of the date first written above.
CITY OF LA PALMA
By:
Peter L. Kim, City Manager
ATTEST:
Norma I. Alley, MMC
City Clerk
CITY ADVISORS, LLC
By: ______
Stephanie Tomaino, AICP CEO and Managing
Principal
APPROVED AS TO FORM:
COLANTUONO, HIGHSMITH & WHATLEY, PC
By:
City Attorney, City of La Palma
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EXHIBIT “A”
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EXHIBIT “A”
Scope of Work
The Consultant offers a full complement of planning services including the following:
Staff Augmentation
City Advisors may provide staff augmentation services to support the City during staffing vacancies or transitions. Services include providing supervisory direction and oversight of Department staff, coordinating daily operations, reviewing work products, and maintaining continuity of service across divisions. The Consultant may also attend City Council and Commission meetings, as needed, to represent the Department, present agenda items, and provide professional recommendations.
Entitlement Review and Processing
The assigned Contract Planner will serve as the Project Manager responsible for reviewing and processing discretionary planning applications. The Contract Planner will oversee all aspects of the entitlement case processing, which may include, but are not limited to: reviewing development proposals for consistency with the Zoning Ordinance, General Plan, and other local policies and regulations; routing applications to other City departments, divisions, and outside third-party technical consultants; consolidating comments into completeness letters; communicating project statuses and City comments to applicants; coordinating meetings between applicants and City staff; processing and reviewing application resubmittals and revisions; reviewing projects for CEQA compliance; coordinating environmental impact assessment and CEQA documentation with outside consultants (if necessary); working with City staff to schedule public hearings; requesting conditions of approval from other divisions; drafting public hearing notices, staff reports, resolutions, and conditions of approval; finalizing agenda packets following review by staff; preparing PowerPoint presentations; and presenting projects and staff recommendations to approval bodies. The Consultant will also ensure all associated administrative tasks are completed, including: monitoring developer deposits, logging billable hours and tasks, maintaining public records and correspondence in the City’s records database (i.e., shared server), renaming files, and organizing project folders for easy access.
Long-Range Planning
The assigned Contract Planner may serve as the Project Manager for various long-range planning assignments, such as: City-initiated Zoning Ordinance Amendments; streamlining initiatives; ordinances for compliance with current State legislation; Housing Element program implementation; Specific Plan updates; and comprehensive Zoning Code updates. The Contract Planner will work with the staff supervisor to refine the project-specific scope of work, identify City needs, and understand the Planning Division’s expectations and goals of the long-range planning assignment. The Contract Planner’s responsibilities may include, but are not limited to:
reviewing the current Zoning Ordinance and local regulations; reviewing current State legislation; researching regulations from other surrounding cities; discussing challenges and opportunities for improvement with staff; preparing detailed Zoning Ordinance amendments in track-changes; identifying areas where policy direction is needed from staff, Commission, and/or City Council; Docusign Envelope ID: B505FB6D-4ACB-4C02-BEA7-88EE8908C2D9 Docusign Envelope ID: 29F7A6CE-1157-8B89-8243-BB97FD27E409
EXHIBIT “A”
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conducting study sessions on items needing further discussion; drafting public hearing notices, staff reports, resolutions, and attachments; finalizing agenda packets following review by staff; preparing PowerPoint presentations; attending public meetings; presenting to approval bodies; and participating in any implementation tasks as directed by staff, such as creating handouts, assisting with website updates, and presenting to in-house planning staff.
Development Plans Review
The assigned Contract Planner may conduct zoning compliance reviews of building permit plans, including, but not limited to: architectural site plans, elevations, technical reports, landscape plans, grading plans, and other documentation routinely submitted to the Planning Division. Plans will be reviewed for consistency and substantial compliance with the City’s Zoning Ordinance, applicable conditions of approval tied to associated entitlement permits, and other applicable policies and regulations.
CEQA Analysis
Through our subconsultant, Terra Nova Planning & Research, Inc., City Advisors provides cost-effective, high-quality CEQA and NEPA documentation. Their services include environmental assessments, technical studies, and preparation of Environmental Impact Reports, Mitigated Negative Declarations, and technical memos to support the use of categorical and statutory exemptions. With a strong record of compliance under CEQA, NEPA, and SEPA, Terra Nova’s staff bring extensive regulatory expertise and practical insight into the political and strategic context of local projects. Their approach emphasizes common-sense, actionable analysis and the use of CEQA streamlining tools (such as categorical exemptions and Section 15183) to expedite review, reduce costs, and maintain full regulatory compliance.
Special Planning Projects
City Advisors is available to provide project management support on additional planning assignments, such as: Code implementation, permit process improvements, permit software upgrade implementation, standard operating procedures creation, strategic planning, and other special projects. Beyond planning, City Advisors provides specialty support related to community outreach, engagement, and economic development. We work with cities to provide flexible planning support that can be adapted to fit the City’s specific staffing needs and budgetary constraints.
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EXHIBIT “B”
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EXHIBIT “B”
Budget and Fee Schedule
Invoices will be submitted to the Contract Supervisor at the beginning of each month with a detailed list of services rendered and number of hours associated with each task. Below are the billing rates applicable through the duration of the professional services agreement. City Advisors only employs professionals performing at a senior-level and above.
October 29, 2025, through December 31, 2026:
Position Billing Rate
Managing Principal (On-Site) $165.00 per hour
Managing Principal (Remote) $145.00 per hour
Senior Planner (Remote) $130.00 per hour
CEQA Subcontractor Rates:
Position Billing Rate
Principal Planner $195.00 per hour
Senior Planner $160.00 per hour
Associate Planner $140.00 per hour
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Agenda Item No. 9 August 4, 2026 | 1
City of La Palma
Agenda Item No. 9
MEETING DATE: August 4, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Jake Chavira, Acting Community Development & Public Works Director
AGENDA TITLE: Award of Contract for Tree Maintenance Services RECOMMENDED ACTION:
Authorize the City Manager to award a contract in the amount of $377,479.57 to West Coast Arborists, Inc. (WCA) of Anaheim, California, for Tree Maintenance Services for three years, with an option to extend the contract for two additional one-year terms with a maximum contract length of five years.
BACKGROUND:
The City is responsible for the maintenance of its approximately 1,400 park landscape and street median trees. For the past 27 years, the City of La Palma has utilized the services of West Coast Arborists, Inc. (WCA) of Anaheim, California, for tree trimming, planting, removals, emergency response, and arborist services. The existing annual maintenance services agreement with WCA is scheduled to expire on December 20, 2026. Numerous Orange County and neighboring cities including Cerritos, Lakewood, Cypress, Buena Park, Los Alamitos, and Garden Grove also utilize their services.
The Community Development & Public Works Department has received a proposal from WCA to provide Annual Tree Maintenance Services by “piggybacking” onto an existing publicly bid contract that the City of Bell recently executed (see Attachment 1). La Palma Municipal Code section 2-197, subd. (3)(a) allows “piggybacking,” or the purchase of services in accordance with any bid awarded by another public agency. WCA’s bid proposal is based on the City of Bell’s April 28, 2025, issuance of a Request for Proposals (RFP) where proposals were obtained for arborist services for the period of July 23, 2025, through July 30, 2028, with an option to extend the contract for a term of (2) additional one-year terms for a total performance period of (5) years. Following the competitive public bidding process, the City of Bell awarded a contract to WCA.
Staff has reviewed the bid documents issued by the City of Bell and has determined that the proper competitive bidding procedures were followed.
The contractor is qualified to perform the arborist services as required by the City, including trimming, pruning, planting, and removal of trees. The services performed by WCA for La Palma to date have been outstanding. It is in the City’s best financial interest to enter into a contract with the contractor for the same 2025 prices, terms, and conditions as offered to the City of Bell (Attachment 3). The
Agenda Item No. 9 August 4, 2026 | 2
City’s current contract with WCA was also awarded five years ago using the City of Rancho Cucamonga's competitive bidding process.
As part of the Agreement, WCA would continue to provide unlimited use and software support for WCA’s existing Global Positioning System (GPS) inventory of all City trees as well as an online tree inventory database program. This GPS inventory has led to more efficient tree inspections and pruning, improved accuracy in record keeping, and timely production of information relevant to service requests and liability claim investigations.
The agreement would include a provision granting the City Manager limited authority to approve minor rate adjustments to the Annual Tree Maintenance Services Contract without requiring separate City Council approval. Under this provision, the City Manager may approve one upward rate adjustment per 12-month period, not to exceed 3%, to address cost increases tied to Prevailing Wage adjustments. Any rate increase exceeding 3%, or any additional adjustment requested within the same 12-month period, would require City Council approval. This provision is intended to streamline the administration of routine, modest rate changes while preserving Council oversight of any significant cost increases. Because the 3% cap applies to the then-current rate rather than the original contract rate, adjustments compound annually if exercised in each year of the Agreement.
Assuming the City Manager exercises this authority to the maximum extent permitted (3%) in each eligible year, and using the current annual contract amount of $71,100 as the baseline, the cumulative effect over the life of the Agreement — including both one-year extension options — would be as follows:
Contract Year Period Maximum Annual Rate
(if 3% applied each year)
Year 1 August 2026 – August 2027 $71,100.00 (baseline)
Year 2 August 2027 – August 2028 $73,233.00 (+3%)
Year 3 August 2028 – August 2029 $75,430.00 (+3%)
Year 4 (1st Extension) August 2029 – August 2030 $77,692.89 (+3%) Year 5 (2nd Extension) August 2030 – August 2031 $80,023.68 (+3%) TOTAL $377,479.57
This agreement would also allow the City Manager, or their designee, to exercise either or both extension options on behalf of the City without requiring separate City Council action for each extension. This delegated authority applies only to the extension of the contract term as originally approved by the City Council. Any extension exercised under this authority must be documented in a written notice to the Consultant, ensuring a clear and verifiable record of the City's decision to extend the Agreement.
FISCAL IMPACT:
The current Fiscal Year 2026-27 Budget includes $62,500 for tree trimming and removal expenses (001-404-6000-39010) and $8,600 for tree replacement (001-404-7420-39050). The initial term of the three-year contract with WCA is $219,763 with two additional years valued at $157,716.57 for a total agreement amount of $377,479.57.
ATTACHMENTS:
1. City of La Palma - West Coast Arborists PB Letter 7-14-26
Agenda Item No. 9 August 4, 2026 | 3
2. West Coast Arborists Agreement
3. City of Bell - Agenda Report 05-23-2025
4. City of Bell - RFP 2025
5. City of Bell - Rate Schedule 2025
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AGREEMENT FOR TREE MAINTENANCE SERVICES
WEST COAST ARBORISTS, INC.
THIS AGREEMENT FOR the CONSULTANT SERVICES (hereinafter, the "Agreement"), entered into as of AUGUST 4, 2026, by and between the CITY OF LA PALMA, a municipal corporation (hereinafter, the "City"), and WEST COAST ARBORISTS, a corporation (hereinafter, the "Consultant"). The Consultant and the City are hereafter together referred to as the “Parties” and each individually as a “Party.”
RECITALS
A. The City requires the services of, and desires to retain, a consultant to perform the services set forth and described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter, the "Consultant Services").
B. By virtue of the Consultant's expertise, experience, and background, the Consultant is qualified to perform the Consultant Services for and on behalf of the City.
C. The City and the Consultant mutually desire to enter into this Agreement for the provision of the Consultant Services by the Consultant for and on behalf of the City, in accordance with the terms and conditions set forth herein.
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the facts recited above and the covenants, conditions, and promises contained herein, the City and the Consultant mutually agree as follows:
SECTION ONE: RETENTION AND DUTIES OF CONSULTANT
1.1 The City hereby retains the Consultant, and the Consultant accepts this retention from the City, to perform the Consultant Services as set forth in the Scope of Work attached hereto as Exhibit "A". This Agreement shall commence on August 4, 2026, and shall be in full force and effect through August 4, 2029, and shall expire on that date, with the option of two (2) one (1) year extensions; unless sooner terminated pursuant to the provisions of this agreement. If the first extension option is exercised, the term may be extended from August 4, 2029 through August 4, 2030. If the second extension is exercised, the term may be extended from August 4, 2030 through August 4, 2031, not to exceed a total contract period of five (5) years. The City Manager, or their designee, is authorized to exercise either or both extension options on behalf of the City without further City Council action. Such extension(s) shall be exercised in a written notice to the Consultant.
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1.2 The Consultant shall perform all services set forth in the Scope of Work in a competent and professional manner, and shall complete all such work, and each component thereof, within the time periods set forth in the Scope of Work.
1.3 The Agreement Administrator for this project is the Public Works Director of the City. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. The City reserves the right to change this designation upon written notice to Consultant. Tasks or services other than those specifically described in the Scope of Work shall not be performed without the prior written approval of the Public Works Director. If the City changes the scope of the Consultant Services to be performed by the Consultant, or if the Consultant is requested to perform services not specifically described in the Scope of Work, the Consultant shall perform such services as are necessary to complete the work, and compensation for the work performed shall be paid by the City in accordance with the Budget and Fee Schedule attached hereto as Exhibit "B" and incorporated herein by this reference, or as otherwise may be agreed in writing by the City and the Consultant.
1.4 The Consultant shall not subcontract the performance of any of the Consultant Services without the prior written approval of the City.
1.5 All data, studies, drawings, plans, maps, reports, and other documents shall, upon payment in full for the Consultant Services, be furnished to and become the property of the City, without restriction or limitation upon their use.
1.6 The Consultant agrees that the following person shall be the project manager on behalf of the Consultant under this Agreement, and shall be principally responsible for performing the Consultant Services:
VICTOR M. GONZALEZ, VICE PRESIDENT
Notwithstanding the foregoing, the parties acknowledge that persons other than the above-designated project manager of the Consultant may perform tasks or services under this Agreement if the performance of such tasks or services is under the supervision and control of the Consultant's project manager. The Consultant shall not alter the assignment of the above-designated project manager without the prior written approval of the Community Services Director.
1.7 The City reserves and has the right and privileges, at its sole discretion and with or without cause at any time during the term of this Agreement, of suspending, canceling or terminating this Agreement or any work in connection with this Agreement. In the event of termination, all finished or unfinished data, studies, maps, reports, and other items prepared by the Consultant shall become the property of the City, and the Consultant shall promptly deliver such items to the City. In the event of termination, the City shall pay the Consultant for all authorized services performed and for all authorized
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and invoiced expenses incurred up to the date of termination of this Agreement, on a time and materials basis in accordance with the Budget and Fee Schedule attached hereto as Exhibit "B".
SECTION TWO: COMPENSATION TO CONSULTANT
2.1 The City shall pay to the Consultant for the performance of the Consultant Services compensation in accordance with the Budget and Fee Schedule attached hereto as Exhibit "B". The total cost shall not exceed $71,100 annually and not to exceed $219,763 for the initial agreement term of three years. Contractor shall submit a rate adjustment request notifying the City of any applicable Prevailing Wage orders sixty day prior to implementation. The City Manager, or their designee, is authorized to approve one upward rate adjustment per twelve-month period, with each such period commencing on the anniversary of the Agreement's effective date, without further City Council action, provided that such adjustment does not exceed three percent of the then-current contract rates. Any requested rate adjustment exceeding three percent, or any additional rate adjustment requested within the same twelve-month period, shall require City Council approval.
2.2 The Consultant shall invoice the City on a monthly basis for all work performed by the Consultant under this Agreement. Invoices shall include billings for all charges, including authorized direct costs incurred by the Consultant during the month covered by the invoice. All charges for labor or professional services shall describe with specificity the services rendered and shall set forth the number of hours worked and hourly rates in accordance with the Budget and Fee Schedule. Within thirty (30) days of receipt of an invoice, and upon determination by the City that the invoice is in order and that the Consultant has performed all requested or required services in a timely and competent manner, the City shall pay such invoice.
2.3 The Consultant shall maintain records on all services for and charges to the City under this Agreement for a period of not less than twenty-four (24) months after the completion or termination of this Agreement, and make such records available for review and audit if requested by the City at any time during the term, or within twenty-four (24) months of the completion or termination, of this Agreement.
SECTION THREE: LEGAL RESPONSIBILITIES
3.1 The Consultant shall keep fully informed of all Federal and State laws and regional, county, and municipal ordinances and regulations which may in any manner affect those employed by the Consultant or the performance by the Consultant of any tasks or services for or on behalf of the City. The Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be responsible for the compliance therewith of all work and services performed by the Consultant by or on behalf of the City. When applicable, Contractor shall not pay less than the prevailing wage, which rate is determined by the Director of Industrial Relations of the State of California,
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and comply with the prevailing wage and related requirements set forth in Exhibit “C” hereto.
3.2 The Consultant is retained as an independent contractor only, for the sole purpose of rendering those professional services set forth in Exhibit "A" hereto or otherwise requested by the City, and is not an employee of the City. The City shall have the right to control the Consultant only as to results of the Consultant's services rendered pursuant to this Agreement, and the City shall not have the right to control the means by which the Consultant accomplishes the services performed under this Agreement.
3.3 The Consultant shall not discriminate against any employee or applicant for employment because of race, religion, sex, age, marital status, or national origin.
3.4 All proprietary information developed by the Consultant in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, shall be the sole and exclusive property of the City. The Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of the Consultant Services under this Agreement. The Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of services by the Consultant under this Agreement shall be made to the City, and that the Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by the City.
3.5 The Consultant agrees to perform all work to the reasonable satisfaction of the City. If the services performed under this Agreement are not satisfactory, the City has the right to take appropriate action, including but not limited to: (1) meeting with the Consultant, its agents or subcontractors to review the quality of the work and resolve matters of concern; (2) requiring the Consultant to have the work repeated at no additional fee until it is satisfactory; (3) withholding payment of City’s compensation to the Consultant for any unsatisfactory work performed; (4) terminating this Agreement.
3.6 The Consultant shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by the Consultant under this Agreement. The Consultant shall indemnify, defend, and hold the City harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
3.7 Any time period specified in this Agreement for performance of services shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the City or the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
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wars, litigation, and/or acts of any governmental agency, including the City, if the delaying Party shall within ten (10) days of the commencement of such delay notify the other Party in writing of the causes of the delay. If the Consultant is the delaying Party, the City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. The City's determination shall be final and conclusive upon the parties to this Agreement. In no event shall the Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused. The Consultant's sole remedy shall be extension of this Agreement pursuant to this section.
3.8 The parties mutually acknowledge that the City has retained Consultant to perform the tasks and services set forth in this Agreement based upon the special skills, expertise, and experience of Consultant. Accordingly, in performing the tasks and services under this Agreement, Consultant shall use the skill and care that a highly specialized professional with significant expertise in the field, would use under similar circumstances. Further, the parties mutually agree that, to the extent that Consultant retains sub-consultants or subcontractors to perform any portion of any of the tasks or services under this Agreement, Consultant has a duty to the City to ensure that the tasks and services performed by such sub-consultants and subcontractors meet the same highly specialized professional level, skill, and expertise expected of Consultant.
3.8.1 Except as set forth in subdivision 3.8.2, Consultant shall indemnify, defend (with legal counsel acceptable to the City), and hold harmless the City, its officials, officers, and employees (“City Personnel”) from and against any and all actions, suits, claims, demands, judgments, attorneys fees, costs, damages to persons or property, losses penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of Consultant’s performance of any tasks or services for or on behalf of the City, whether or not there is concurrent active or passive negligence on the part of the City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of City or any City Personnel. Consultant shall indemnify, hold harmless, and defend the City and/or any City Personnel from and against any and all claims, losses, costs or expenses resulting from a claim or a determination by a court of competent jurisdiction that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement, is an employee of the City.
3.8.2 The provisions of this subdivision 3.8.2 apply only in the event that Consultant is a “design professional” within the meaning of the California Civic Code Section 2782.8(c). If Consultant is a “design professional” within the meaning of Section 2782.8(c), then notwithstanding subdivision 3.8.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code Sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless the City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub-consultant, subcontractor, or any other person directly or indirectly employed by them, or any person that any of them
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control, arising out of Consultant’s performance of any task or service for or on behalf of the City under this Agreement. Such obligations to defend, hold harmless, and indemnify the City or any City Personnel, shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of the City or such City Personnel.
Consultant’s cost to defend City and/or City personnel against any such Claim shall not exceed Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify the City or any City Personnel under this subdivision (b), Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.
3.9 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees' Retirement System (“CalPERS”) to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3.10 The Consultant shall not commence the performance of any work or services under this Agreement until the Consultant has obtained all insurance required hereunder, nor shall the Consultant allow any subcontractor to commence services under its subcontract until all such insurance has been obtained by the subcontractor. Current certification of insurance shall be kept on file with the City at all times during the term of this contract. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager. The Consultant shall take out and maintain at all times during the performance of this Agreement the following policies of insurance:
3.10.1 Workers Compensation Insurance to cover its employees as required by law; and the Consultant shall require all subcontractors to provide such compensation insurance for all of the latter's employees. Each such policy of worker compensation insurance shall carry the following endorsements:
(a) "The insurer waives all rights of subrogation against THE CITY OF LA PALMA, its officers, officials, agents, employees, and representatives."
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(b) "This insurance policy shall not be canceled, limited or nonrenewed by the insurer until thirty (30) days after receipt by THE CITY OF LA PALMA of a written notice of such cancellation, limitation, or reduction of coverage."
3.10.2 Comprehensive General Liability Insurance for bodily injury, death, and property damage which may arise from the negligent performance of the Consultant, its employees, agents representatives, successors, and assigns while performing work or services under this Agreement, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate.
3.10.3 Comprehensive Automobile Liability Insurance, including owned, nonowned, and hired automobiles, in a minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury, death, and property damage.
Each such policy of insurance provided for in Paragraph 3.9.2 and 3.9.3 shall be in a form satisfactory to the City and shall contain the following endorsements:
(a) "THE CITY OF LA PALMA, its officers, officials, employees, and representatives, are hereby declared to be additional insureds under the terms of this policy with respect to the operations and activities of the named insured at or from the premises of THE CITY OF LA PALMA described above."
(b) "This insurance policy shall not be canceled, limited, or not renewed until thirty (30) days after receipt by THE CITY OF LA PALMA of a written notice of such cancellation, limitation, or reduction of coverage."
(c) "This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; THE CITY OF LA PALMA shall not be liable for the payment of premiums or assessments on this policy."
3.10.4 Professional Liability Insurance to protect the City from the Consultant's negligent acts, errors, and omissions of a professional nature, with coverage in a minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
At least thirty (30) days prior to the expiration of any policy of insurance required under Paragraph 3.9.1, 3.9.2, 3.9.3 or 3.9.4, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with the City.
3.11 The Consultant shall not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the City; and any such assignment or other transfer without such consent shall be void.
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451220.2
3.12 Except as the City may specify in writing, the Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. This Agreement does not grant to the Consultant any authority, express or implied, to bind the City to any obligation whatsoever.
3.13 In the event any action is commenced by one Party to this Agreement against the other to enforce any of the rights or obligations arising from this Agreement, the prevailing Party in such action, in addition to any other relief and recovery ordered by the court, shall be entitled to recover all statutory costs, together with reasonable attorney's fees.
SECTION FOUR: MISCELLANEOUS
4.1 Notices: All notices, invoices or other instruments required or permitted to be given under this Agreement shall be served by personal delivery or deposited in a United States mail depository, postage prepaid, and addressed as follows:
If to the City: CITY OF LA PALMA
7822 Walker Street
La Palma, California 90623
Attn: PUBLIC WORKS DIRECTOR
If to the Consultant: WEST COAST ARBORISTS, INC.
2200 E. Via Burton Street
Anaheim, California 92806
Attn: VICTOR M. GONZALEZ, VICE PRESIDENT
or such other address or person as either Party may indicate to the other in writing.
Service of any instrument by mail shall be deemed effective forty-eight (48) hours after deposit in a United States mail depository, postage prepaid, and addressed as set forth above.
4.2 Integration: This Agreement represents the entire understanding of the City and the Consultant as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement may not be modified, altered, or amended except in writing signed by both the City and the Consultant.
4.3 Construction: This Agreement shall be construed in accordance with the laws of the State of California and as if drafted by both parties hereto.
4.4 Successors and Assigns: Subject to the provisions of Paragraphs 1.4 and
3.11 hereinabove, this Agreement, and all of the covenants, terms, and conditions hereof,
-9-
451220.2
shall be binding upon, and inure to the benefit of, the City, the Consultant, and their respective successors and assigns.
4.5 Authority of Signatories: The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed as of the date first written above.
CITY OF LA PALMA
By ___________________________________
Peter L. Kim
City Manager
ATTEST:
_______________________________
Norma I. Alley, MMC
City Clerk
APPROVED AS TO FORM:
COLANTUONO, HIGHSMITH &
WHATLEY, PC
______________________________
Ajit S. Thind, City Attorney
WEST COAST ARBORISTS, INC.
By ______________________________
Victor M. Gozalez
Vice President
-10-
451220.2
Exhibit WCA PB Letter &
C Fee Schedule
-11-
451220.2
EXHIBIT B
PREVAILING WAGE REQUIREMENTS
A. CONTRACTOR hereby expressly acknowledges and agrees that CITY has never previously affirmatively represented to CONTRACTOR, its employees or agents in writing or otherwise that the work to be covered under this Agreement is not a “public work,” as defined in Section 1720 of the Labor Code.
It is agreed by the parties that, in connection with the development, construction (as defined by applicable law) and operation of the project, including, without limitation, any public work (as defined by applicable law), if any, CONTRACTOR shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Chapter 804, Statutes of 2003 and/or Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, CITY will enforce all penalties required by law for CONTRACTOR’s failure to pay prevailing wages.
B. Labor Code of California. The CONTRACTOR's attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
1. In accordance with Section 1773 of the Labor Code, the Board of Directors of the District has found and determined the general prevailing rates of wages in the locality in which the public Work is to be performed are those contained in that certain document entitled PREVAILING WAGE SCALE, copies of which are maintained at the District's principal office, and are available to any interested party on request. CONTRACTOR shall post a copy of said document at each job site.
2. The CONTRACTOR is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said section.
Pursuant to Labor Code Section 1771.4, the CONTRACTOR must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ (DIR’s) electronic certified payroll reporting (eCPR) system. .
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451220.2
3. Pursuant to Labor Code Section 1810 it is stipulated hereby that eight (8) hours labor constitutes a legal day's work hereunder.
4. Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
5. Pursuant to Labor Code Section 1813, it is stipulated hereby that the CONTRACTOR shall, as a penalty to the District, forfeit $25 for each worker employed in the execution of this Contract by the CONTRACTOR or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
6. The CONTRACTOR is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that the CONTRACTOR will be responsible for obtaining compliance therewith on the part of any and all subcontractors employed by him or her in connection with this Contract.
7. Pursuant to Labor Code Section 1775, it is hereby stipulated that the CONTRACTOR shall, as a penalty to District, forfeit not more than $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the Department of Industrial Relations for the work or craft in which the worker is employed for the Work under the contract by CONTRACTOR or by any subcontractor under the CONTRACTOR.
C. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations.
Furthermore, Contractor is hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations.
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451220.2
Pursuant to Labor Code section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
CITYWIDE TREE TRIMMING MAINTANCE SERVICES
The following prices in the schedule of compensation is to remain fixed for the term of this Agreement. The following prices listed below must include the complete and total price for all tree trimming maintenance services.
Unit Description UoM Cost per Unit
General Pruning Per Tree $
Clearance Pruning Per Tree $
Aesthetic Pruning Per Tree $
Palm Tree Trimming Per Tree $
Palm Tree Skinning/Shaping Per Tree $
Tree and Stump Removal Per DBH Inch $
Tree Only Removal Per DBH Inch $
Stump Only Removal Per Diameter Inch $
Root Pruning Lineal Feet $
Tree Planting 15 Gallon w/o RootBarrier Per Tree $
Tree Planting 15 Gallon w/ RootBarrier Per Tree $
Tree Planting 24" Box w/o RootBarrier Per Tree $
Tree Planting 24" Box w/ RootBarrier Per Tree $
Tree Planting 36" Box w/o RootBarrier Per Tree $
Tree Planting 36" Box w/ RootBarrier Per Tree $
Crew Rental
(3 man crew including pickup, aerial lift,
chipper and chipper truck)
Per Crew Hour $
Crew Rental
(2 man crew including pickup, aerial lift,
chipper and chipper truck)
Per Crew Hour $
Crew Rental
(1 man crew)
Per Crew Hour $
Emergency Crew Rental
(3 man crew including pickup, aerial lift, chipper,
chipper truck, including all necessary equipment,
disposal fees, and zero material mark up)
Per Crew Hour $
C-2
Tree Inventory Per Tree Site $
Standard (Non-GPS) Tree inventory completed as work progresses. The foreman will record the tree site data and submit the information for processing along with bi-weekly billing. Within one (1) year.
Tree Inventory –
GPS Coordinate Based Data Per Tree Site $
Tree Inventory involving the collection of the tree inventory per RFP scope of services, using Global Positioning System (GPS) Coordinates.
Arborist Services (Report Writing) Per Hour $
COOPERATIVE PURCHASE
It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor.
Agenda Item No. 10 August 4, 2026 | 1
City of La Palma
Agenda Item No. 10
MEETING DATE: August 4, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Peter L. Kim, City Manager
AGENDA TITLE: Report of an Emergency Purchase Order
RECOMMENDED ACTION:
Receive and file the Emergency Purchase Order Report.
SUMMARY:
Per Municipal Code Section 2-201 and the City’s Purchasing Policy 30.30, the City Manager or his designee may make an exception to the normal purchasing procedure for emergencies. A complete report, including a description of the emergency and the source for the purchase, shall be submitted to the City Council in conjunction with the warrant for the payment of the purchase of such supplies, materials, equipment, and services.
In June 2026, the Public Works Department requested an emergency purchase to replace emergency exit signs at various City facilities after an annual inspection by the Orange County Fire Authority. The emergency purchase from Fire Force Protection LLC in the amount of $9,098.92 is part of the July 21, 2026 Warrant Register and the approval for the Register of Demands for July 21, 2026 is before the City Council this evening. This agenda item serves as the report to the City Council for the emergency purchase order. Attached is the memorandum requesting the City Manager's approval of the emergency purchase order, including a description of the emergency and the source of the purchase.
ATTACHMENTS:
1. Emergency Purchase Order: Fire Force Protection LLC
Docusign Envelope ID: 900CD06E-68A5-827E-81F4-D7C77A0752CD June 23, 2026
Docusign Envelope ID: 900CD06E-68A5-827E-81F4-D7C77A0752CD
Docusign Envelope ID: 900CD06E-68A5-827E-81F4-D7C77A0752CD
Docusign Envelope ID: 900CD06E-68A5-827E-81F4-D7C77A0752CD
Docusign Envelope ID: 900CD06E-68A5-827E-81F4-D7C77A0752CD
Docusign Envelope ID: 900CD06E-68A5-827E-81F4-D7C77A0752CD
Docusign Envelope ID: 900CD06E-68A5-827E-81F4-D7C77A0752CD
Agenda Item No. 11 August 4, 2026 | 1
City of La Palma
Agenda Item No. 11
MEETING DATE: August 4, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Norma I. Alley, MMC, City Clerk
AGENDA TITLE: Appointment to the Community Activities and Beautification (CAB) Citizen Committee
RECOMMENDED ACTION:
Appoint Laura Franz to a term commencing on September 1, 2026, and expiring on December 31, 2028, to fill a position vacated due to the resignation of Irene Hesse, as recommended by Mayor N.
Patel and Mayor Pro Tem Baker.
BACKGROUND:
Per Council Policy No. 3, the Mayor and Mayor Pro Tem review applications for the Council Appointed Citizen Committees, as needed, and make recommendations of appointments as appropriate. In compliance with the Maddy Act, staff advertised for open general public positions and student positions on Community Activities and Beautification Committee (CAB), with the application period closing on December 29, 2025. Staff posted the committee vacancies on social media, the City’s website, on the City’s display cases, and at the library. In addition, staff put a notice in the local newspaper. Staff received one application prior to the deadline, and one application was received with a postmark after the deadline. There were no applications received for the student member seats.
The deadline was extended to February 17, 2026, with advertisements in the same manner, in addition to an email to the High School Principal seeking assistance with gathering any interest from students to apply. By the February 17 deadline, staff received four applications and three new members were appointed on March 3, 2026.
On March 8, 2026, the City received CAB Member Irene Hess's resignation, leaving her remaining term ending December 31, 2028, open. After the original February 17 deadline, four additional applications were received. Two were from students, and two were from the general public.
Mayor N. Patel and Mayor Pro Tem Baker invited all four applicants to an interview. After conducting all interviews, Mayor N. Patel and Mayor Pro Tem Baker are recommending the appointment of Laura Franz to fill the current vacant term expiring December 31, 2028, for the Council's consideration.
FISCAL IMPACT:
None.
Agenda Item No. 11 August 4, 2026 | 2
ATTACHMENTS:
1. City Council Policy 3 - Citizen Committees 2022-0503 Amended
City of La Palma: Council Policy No. 3: City Committees Page 1
CITY OF LA PALMA
COUNCIL POLICY
NUMBER: 3
DATE: March 20, 2018 (Adopted); April 6, 2021 (Amended); May 3, 2022 (Amended) SUBJECT: City Committees
BACKGROUND
The City Council appoints two citizen committees to advise them on various City policies and actions and to provide enhanced public engagement relative to the affairs of the City. As of the adoption of this Policy, these two committees are the Community Activities and Beautification Committee (CAB), and the Development and Circulation Committee (DCC) (also may be referenced as the Development Committee in the Municipal Code).
MISSION AND EXPECTATIONS
Each Council appointed Committee has a purpose or mission as defined in the Municipal Code or other formative document which guides their scope of responsibilities as an advisory body. Due to the important public participation process function served by each of the committees, individual Committee members also have common expectations placed upon them including:
a. Attend all meetings and notify City staff in advance if they are unable to attend a meeting so that it can be determined whether a quorum for the meeting will exist; b. Adequately prepare for meetings;
c. Show respect for staff and the community; and,
d. Maintain residency within the City of La Palma.
Through the City Manager, staff shall notify the City Council when a Committee member is not meeting established expectations as defined above, where lack of attendance is having a negative impact on the Committee, or when a conflict of interest appears to exist. The City Council has the authority in such cases to remove and replace such Committee members.
TERMS OF OFFICE
a. No person may serve on more than one of the two citizen committees concurrently. b. Committee members may resign or be removed by a majority vote of the Council at any time. When a vacancy exists in an unexpired term, the Council may make an appointment to fill the unexpired term.
c. Each committee shall have seven members. The Community Activities and Beautification Committee may include up to two high school students who are residents of La Palma, to be appointed for a one-year term with full voting rights beginning each September to coincide with the school year.
City of La Palma: Council Policy No. 3: City Committees Page 2
SELECTION AND APPOINTMENT PROCESS
All vacancies for appointed positions on City Committees shall be advertised, including those associated with expiring terms of office. Vacancies may be advertised prior to the actual expiration of the Committee member’s term in an effort to fill vacancies as close as possible to the expiration date. All vacancies on any citizen committee will be filled using the process described below, except that if a vacancy occurs because of a resignation, the Council may either re-advertise using the process described below or appoint an applicant from an existing list to fill the unexpired term, as described above.
a. City Clerk prepares a Citizen Committee Availability Notice. The Notice will detail the current or anticipated vacancy status and identify the committees affected. The Notice will describe the committee’s mission and meeting location/time information. The Notice will also specify a specific application deadline and have a minimum fining period of at least thirty (30) days.
b. Notice will be advertised in the regular pages of a newspaper of general circulation in the City of La Palma, posted at the three designated official posting locations, publicized in various City publications (as timing permits), and highlighted on the City’s website. c. All interested applicants, including incumbents seeking reappointment, will be required to fill out an application. The application forms will be specific for each of the citizen committees and will be available from the City Clerk. Interested members of the community may apply for more than one committee vacancy. Applications for vacant and/or expiring committee positions may be filed with the City Clerk at any time and will be retained until a vacancy occurs.
d. Applications received prior to the filing deadline will be reviewed by the City Clerk to ensure eligibility of the applicants.
e. All eligible applicants will be invited to an interview conducted by the Mayor and Mayor Pro Tem. Where practicable, such interviews should be conducted within 45 days from receipt of an application or close of an application period. At the conclusion of interviews, deliberations will be conducted and appointments will be approved in a regular City Council meeting. Appointment requires a majority vote of the City Council. f. To ensure a quorum when a conflict of interest arises, no more than two appointments will be made to the Development and Circulation Committee wherein the Committee Members live within 500 feet of another member (500 feet is the typical circumference where a Committee Member would have to recuse themselves from participating in a decision when the affected property is within 500 feet of their property). g. If after the appointment process, a vacancy still exists on a committee, staff will, at a minimum, continue to publicize the vacancy through the City website until the vacancy is filled.
POSTING OF AGENDAS AND PACKETS
Regular Agendas for members of City Committees shall be available for distribution at least 72 hours prior to the meeting in accordance with the Ralph M. Brown Act. Distribution is via electronic packets. All agendas and packet materials for Regular Meetings, shall be posted to the City’s website at least 72 hours prior to the meeting.
PREPARATION OF COMMITTEE CORRESPONDENCE
Any correspondence deemed necessary by a City committee shall be prepared by the department assigned as staff to that committee and shall be reviewed by the City Manager or his/her designee
City of La Palma: Council Policy No. 3: City Committees Page 3 prior to transmittal. Regular City letterhead shall be used for such correspondence.
SPEAKER CARDS
Members of the public speaking at a committee meeting are requested to complete a speaker card before addressing the committee. Completion of the speaker card is voluntary; but the Chair will encourage speakers to complete the card. Cards shall be available at the meeting. Cards are delivered to the Chair in chronological order and are kept as part of the official record of the meeting. Speakers will be asked to adhere to a five-minute time limit and are not permitted to transfer their time to another speaker. Large groups are encouraged to appoint a spokesperson to speak on their behalf.
REVIEW AND UPDATES
This policy is to be reviewed as needed.
This policy consolidates and amends prior City Council policies on Posting and Distribution of Development & Circulation Committee and Community Activities and Beautification Committee Agendas and Packets, Preparation of Advisory Committee Correspondence, and City Council Appointed Citizen Committees. This policy seeks to clarify, simplify and consolidate all prior Council policies regarding City Committees into one City Council policy. These prior policies were originally adopted on November 3, 1987, August 16, 1971, and December 18, 1972 respectively. This policy was amended on February 7, 2017, to require interviews to be conducted by the full City Council and to combine the Development and Traffic Safety Committees into one Development and Circulation Committee. This policy was amended on March 20, 2018, to remove term limits. This policy was amended on April 6, 2021, to have the Mayor and Mayor Pro Tem interview all prospective candidates in advance of City Council approval. This policy was amended on May 3, 2022, to appoint up to 2 youth members with full voting rights, serving oneyear terms, to the Community Activities and Beautification Committee.
Agenda Item No. 12 August 4, 2026 | 1
City of La Palma
Agenda Item No. 12
MEETING DATE: August 4, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Norma Alley, City Clerk
AGENDA TITLE: League of California Cities Voting Delegates and Resolutions RECOMMENDED ACTION:
1. Designate Mayor Pro Tem Debbie Baker as the City of La Palma’s Voting Delegate at the League of California Cities’ Annual Conference;
2. Designate Council Member Vikesh Patel as the City of La Palma’s Alternate Voting Delegate at the League of California Cities’ Annual Conference; and
3. Authorize the City of La Palma delegation the discretion to vote on any resolutions taking into consideration the information they receive at the conference.
SUMMARY:
Each year, the League of California Cities (Cal Cities) convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. This General Assembly provides a crucial opportunity for City officials to directly influence Cal Cities' policy.
On September 25, 2026, the Cal Cities General Assembly will convene, consisting of voting delegates appointed by each member City; each City has one voting delegate. La Palma's appointed voting delegate plays a vital role by representing the City and voting on resolutions.
In order to participate in the voting process during the General Assembly, the La Palma City Council must designate a voting delegate and up to two alternate voting delegates. An alternate may vote if the designated voting delegate is unable to serve.
FISCAL IMPACT:
There is no fiscal impact as a result of receiving this report.
Agenda Item No. 12 August 4, 2026 | 2
ATTACHMENTS:
1. 2026 Voting Delegate Information Packet
2. 2026 City Council Legislative Platform
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
City of La Palma
2026 State and Federal Legislative Platform
Adopted by the City Council on January 13, 2026
The Mayor, Mayor Pro Tem, and City Manager are authorized to submit advocacy letters on behalf of the City if the State or Federal legislation clearly follows the City’s adopted legislative platform.
GUIDING PRINCIPLES
I. PRESERVE LOCAL CONTROL
• Preserve and protect the City’s powers, duties, and prerogatives to enact legislation and policy direction concerning local affairs.
• Oppose legislation that preempts local authority.
• Local agencies should preserve and enhance authority and accountability for revenues raised and services provided.
II. PROMOTE FISCAL STABILITY
• Support measures that promote fiscal stability, predictability, and financial independence.
• Support measures that preserve the City’s revenue base and local control over local government budgeting, recognizing that economic cost is a determinant in considering the merits and/or impacts of any proposed legislation or regulation. • Oppose measures that make cities more dependent on the County, State, or Federal Governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits.
• Oppose measures that shift local funds to the County, State, or Federal Governments, without offsetting benefits.
III. PROMOTE ECONOMIC DEVELOPMENT
• Support legislation and regulatory reforms that provide the City with the necessary tools and opportunity to continue to grow its economy and enhance economic development efforts.
• Support measures that provide the City with the capability to attract and retain businesses, as well as encourage current businesses to expand and retain jobs locally.
IV. SUPPORT FUNDING OPPORTUNITIES
• Support opportunities that allow the City to compete for its fair share of regional, state, and federal funding.
• Support funding for programs including, but not limited to, economic development, transportation projects, utility undergrounding, public works, water infrastructure, parks and recreation, and public safety.
City of La Palma
2026 State and Federal Legislative Platform
POLICY STATEMENTS
GENERAL GOVERNMENT
1. Support legislation that preserves the ability of local governments to determine the appropriate type of election for their jurisdiction.
2. Continue to support legislation that allows La Palma children to have a choice of attending schools within La Palma. Since the City is served by five school districts, the City has been actively advocating for La Palma children to be able to attend La Palma schools for some time. Due to the location of school district boundaries, some La Palma children are not eligible to attend a school located within the City limits and have to attend a school that is miles from their home.
3. Support legislation that advocates for maximum local flexibility across all City responsibilities and operations, and oppose legislation that imposes unfunded mandates, is unnecessarily intrusive, or preempts local authority in City operations.
4. Oppose legislation that creates unnecessary regulations, and/or restricts the City’s ability to choose the most cost-efficient and effective form of providing essential services.
ADMINISTRATIVE SERVICES
Finance
1. Oppose State or Federal efforts to “borrow” local revenues and encourage the State to find other methods of balancing its budget.
2. Support legislation that includes regional, State, and Federal funding formulas that ensure equitable distribution of funds at the local level.
3. Support efforts that ensure the retention of existing local revenue sources.
4. Support the City’s right to continue collecting Transient Occupancy Tax from hotels and shortterm rentals, including from online intermediaries.
Human Resources
1. Oppose measures that reduce local control over employee relations issues.
2. Oppose legislation mandating new or enhanced local government employee benefits.
3. Support efforts to further reform pension benefits administered by California Public Employees’ Retirement System (CalPERS) that would help protect the long-term solvency of local entities and CalPERS.
4. Support changes in state law or judicial precedent to allow employers to negotiate plan changes with classic CalPERS members.
City of La Palma
2026 State and Federal Legislative Platform
COMMUNITY DEVELOPMENT
Economic Development
1. Support efforts that are designed to provide local governments with the tools necessary to bolster economic development.
2. Support legislation and regulatory streamlining initiatives that would enhance the City’s ability to attract and retain businesses as well as encourage business expansion and job retention.
Housing & Land Use
1. Oppose legislation that imposes regional, state, or federal growth, development, or land use planning standards within the City.
2. Oppose legislation that penalizes local governments for noncompliance with their housing element or regional housing needs assessment requirements.
3. Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt, and implement plans for orderly growth, development, and conservation of local planning areas.
4. Support State and Federal legislation that would provide resources for the City to meet its housing needs as described in the Housing Element of the General Plan.
5. Support measures that provide municipalities with increased input in the development of the Regional Housing Needs Assessment (RHNA).
Regional Governance
1. Support proposals encouraging regional, sub-regional, or countywide cooperation in planning urban development strategies, especially those that provide funding for effective implementation of agreed-upon goals.
2. Support measures to achieve fair and proportionate representation on countywide and regional boards.
COMMUNITY SERVICES
Parks and Recreation
1. Support legislation and funding for youth-related prevention and intervention programs, including after school educational and recreational programs.
2. Support efforts to provide an expedited process for the fair distribution of State bond funds and other grant opportunities.
City of La Palma
2026 State and Federal Legislative Platform
Public Works
1. Support legislation that would increase funding for local transportation projects.
2. Support legislation that affords local agencies greater discretionary authority to expend available transportation funds and affords local jurisdictions greater flexibility over transportation-related issues.
3. Support legislation that would require public utilities to underground power lines and support funding for undergrounding of utilities.
Solid Waste
1. Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recyclables.
Water Supply
1. Support legislation that encourages strong water efficiency standards and increased water conservation strategies.
2. Support legislation that would increase the availability of, and funding for, water reuse technologies, water recycling, local water storage, and other water supply technologies.
3. Support measures to increase water supply and improve water quality in the region, including drought relief legislation.
PUBLIC SAFETY
1. Support measures that encourage community safety and well-being.
2. Support legislation and implementation of State programs and policies that promote pedestrian and bicycling safety.
3. Support legislation to provide a greater share of asset forfeiture funds and increased latitude for spending local funds.
4. Support legislative efforts to increase the amount of grant funding for local law enforcement operations, including but not limited to school resource officers, body-worn camera system, and disaster preparedness initiatives.
5. Support legislation that discourages drivers from operating motor vehicles while under the influence of drugs or alcohol and maintain state funding to conduct sobriety checkpoints.
6. Support initiatives involving County, State, and Federal governments to reduce and prevent homelessness.