Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2025/2026
Proposed Assessment
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2025/2026
81 7549-012-015 Single-Family Residential $55.63 $55.63 82 7549-012-016 Single-Family Residential $55.63 $55.63 83 7549-012-017 Single-Family Residential $55.63 $55.63 84 7549-012-018 Single-Family Residential $55.63 $55.63 85 7549-012-019 Single-Family Residential $55.63 $55.63 86 7549-012-020 Single-Family Residential $55.63 $55.63 87 7549-012-021 Single-Family Residential $55.63 $55.63 88 7549-012-022 Single-Family Residential $55.63 $55.63 89 7549-012-023 Single-Family Residential $55.63 $55.63 90 7549-012-024 Single-Family Residential $55.63 $55.63 91 7549-012-025 Single-Family Residential $55.63 $55.63 92 7549-012-026 Single-Family Residential $55.63 $55.63 93 7549-012-027 Single-Family Residential $55.63 $55.63 94 7549-012-028 Single-Family Residential $55.63 $55.63 95 7549-012-029 Single-Family Residential $55.63 $55.63 96 7549-012-030 Single-Family Residential $55.63 $55.63 97 7549-012-031 Single-Family Residential $55.63 $55.63 98 7549-012-032 Single-Family Residential $55.63 $55.63 99 7549-012-033 Single-Family Residential $55.63 $55.63 100 7549-012-034 Single-Family Residential $55.63 $55.63 101 7549-013-001 Single-Family Residential $55.63 $55.63 102 7549-013-002 Single-Family Residential $55.63 $55.63 103 7549-013-003 Single-Family Residential $55.63 $55.63 104 7549-013-004 Single-Family Residential $55.63 $55.63 105 7549-013-005 Single-Family Residential $55.63 $55.63 106 7549-013-006 Single-Family Residential $55.63 $55.63 107 7549-013-007 Single-Family Residential $55.63 $55.63 108 7549-013-008 Single-Family Residential $55.63 $55.63 109 7549-013-009 Single-Family Residential $55.63 $55.63 110 7549-013-010 Single-Family Residential $55.63 $55.63 111 7549-013-011 Single-Family Residential $55.63 $55.63 112 7549-013-012 Single-Family Residential $55.63 $55.63 113 7549-013-013 Single-Family Residential $55.63 $55.63 114 7549-013-014 Single-Family Residential $55.63 $55.63 115 7549-013-015 Single-Family Residential $55.63 $55.63 116 7549-013-016 Single-Family Residential $55.63 $55.63 117 7549-013-017 Single-Family Residential $55.63 $55.63 118 7549-013-018 Single-Family Residential $55.63 $55.63 119 7549-013-019 Single-Family Residential $55.63 $55.63 120 7549-013-020 Single-Family Residential $55.63 $55.63 121 7549-013-021 Single-Family Residential $55.63 $55.63 122 7549-013-022 Single-Family Residential $55.63 $55.63 123 7549-013-023 Single-Family Residential $55.63 $55.63 124 7549-013-024 Single-Family Residential $55.63 $55.63 125 7549-013-025 Single-Family Residential $55.63 $55.63 126 7549-013-026 Single-Family Residential $55.63 $55.63 127 7549-013-027 Single-Family Residential $55.63 $55.63 128 7549-013-028 Single-Family Residential $55.63 $55.63 129 7549-013-029 Single-Family Residential $55.63 $55.63 130 7549-013-030 Single-Family Residential $55.63 $55.63 131 7549-013-031 Single-Family Residential $55.63 $55.63 132 7549-013-032 Single-Family Residential $55.63 $55.63 133 7549-014-001 Single-Family Residential $55.63 $55.63 134 7549-014-002 Single-Family Residential $55.63 $55.63 Tuesday, May 06, 2025 Reg CC MTG, Page *133
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2025/2026
Proposed Assessment
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2025/2026
135 7549-014-003 Single-Family Residential $55.63 $55.63 136 7549-014-004 Single-Family Residential $55.63 $55.63 137 7549-014-005 Single-Family Residential $55.63 $55.63 138 7549-014-006 Single-Family Residential $55.63 $55.63 139 7549-014-007 Single-Family Residential $55.63 $55.63 140 7549-014-008 Single-Family Residential $55.63 $55.63 141 7549-014-009 Single-Family Residential $55.63 $55.63 142 7549-014-010 Single-Family Residential $55.63 $55.63 143 7549-014-011 Single-Family Residential $55.63 $55.63 144 7549-014-012 Single-Family Residential $55.63 $55.63 145 7549-014-013 Single-Family Residential $55.63 $55.63 146 7549-014-014 Single-Family Residential $55.63 $55.63 147 7549-014-015 Single-Family Residential $55.63 $55.63 148 7549-014-016 Single-Family Residential $55.63 $55.63 149 7549-014-017 Single-Family Residential $55.63 $55.63 150 7549-014-018 Single-Family Residential $55.63 $55.63 151 7549-014-019 Single-Family Residential $55.63 $55.63 152 7549-014-020 Single-Family Residential $55.63 $55.63 153 7549-014-021 Single-Family Residential $55.63 $55.63 154 7549-014-022 Single-Family Residential $55.63 $55.63 155 7549-014-023 Single-Family Residential $55.63 $55.63 156 7549-014-024 Single-Family Residential $55.63 $55.63 157 7549-014-025 Single-Family Residential $55.63 $55.63 158 7549-014-026 Single-Family Residential $55.63 $55.63 159 7549-014-027 Single-Family Residential $55.63 $55.63 160 7549-014-028 Single-Family Residential $55.63 $55.63 161 7549-014-029 Single-Family Residential $55.63 $55.63 162 7549-014-030 Single-Family Residential $55.63 $55.63 163 7549-015-001 Single-Family Residential $55.63 $55.63 164 7549-015-002 Single-Family Residential $55.63 $55.63 165 7549-015-003 Single-Family Residential $55.63 $55.63 166 7549-015-004 Single-Family Residential $55.63 $55.63 167 7549-015-005 Single-Family Residential $55.63 $55.63 168 7549-015-006 Single-Family Residential $55.63 $55.63 169 7549-015-007 Single-Family Residential $55.63 $55.63 170 7549-015-008 Single-Family Residential $55.63 $55.63 171 7549-015-009 Single-Family Residential $55.63 $55.63 172 7549-015-010 Single-Family Residential $55.63 $55.63 173 7549-015-011 Single-Family Residential $55.63 $55.63 174 7549-015-012 Single-Family Residential $55.63 $55.63 175 7549-015-013 Single-Family Residential $55.63 $55.63 176 7549-015-014 Single-Family Residential $55.63 $55.63 177 7549-015-015 Single-Family Residential $55.63 $55.63 178 7549-015-016 Single-Family Residential $55.63 $55.63 179 7549-015-017 Single-Family Residential $55.63 $55.63 180 7549-015-018 Single-Family Residential $55.63 $55.63 181 7549-015-019 Single-Family Residential $55.63 $55.63 182 7549-015-020 Single-Family Residential $55.63 $55.63 183 7549-015-021 Single-Family Residential $55.63 $55.63 184 7549-015-022 Single-Family Residential $55.63 $55.63 185 7549-015-023 Single-Family Residential $55.63 $55.63 186 7549-015-024 Single-Family Residential $55.63 $55.63 187 7549-015-025 Single-Family Residential $55.63 $55.63 188 7549-015-026 Single-Family Residential $55.63 $55.63 Tuesday, May 06, 2025 Reg CC MTG, Page *134
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2025/2026
Proposed Assessment
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2025/2026
189 7549-015-027 Single-Family Residential $55.63 $55.63 190 7549-015-028 Single-Family Residential $55.63 $55.63 191 7549-015-029 Single-Family Residential $55.63 $55.63 192 7549-015-030 Single-Family Residential $55.63 $55.63 193 7549-015-031 Single-Family Residential $55.63 $55.63 194 7549-015-032 Single-Family Residential $55.63 $55.63 195 7549-015-033 Single-Family Residential $55.63 $55.63 196 7549-015-034 Single-Family Residential $55.63 $55.63 197 7549-015-035 Single-Family Residential $55.63 $55.63 198 7549-015-036 Single-Family Residential $55.63 $55.63 199 7549-015-037 Single-Family Residential $55.63 $55.63 200 7549-015-038 Single-Family Residential $55.63 $55.63 201 7549-015-039 Single-Family Residential $55.63 $55.63 202 7549-015-040 Single-Family Residential $55.63 $55.63 203 7549-015-041 Single-Family Residential $55.63 $55.63 204 7549-015-042 Single-Family Residential $55.63 $55.63 205 7549-015-043 Single-Family Residential $55.63 $55.63 206 7549-015-044 Single-Family Residential $55.63 $55.63 207 7549-016-001 Single-Family Residential $55.63 $55.63 208 7549-016-002 Single-Family Residential $55.63 $55.63 209 7549-016-003 Single-Family Residential $55.63 $55.63 210 7549-016-004 Single-Family Residential $55.63 $55.63 211 7549-016-005 Single-Family Residential $55.63 $55.63 Total $11,737.93 $11,737.93
Tuesday, May 06, 2025 Reg CC MTG, Page *135
1 TO: City Council
FROM: Andrew Vialpando, City Manager
MEETING DATE: May 6, 2025
SUBJECT: Approval of Initial Expenditures for an Interim Lease Agreement and Conveyance of the Defense Fuel Support Point San Pedro Facility (Navy Fields)
RECOMMENDATION
Authorize the City Manager to enter into a Professional Services Agreement with Vanlen Consultants for preparation of Boundary Survey, ALTA, Certificate of Compliance, and Record of Survey for the Navy Fields in an amount not to exceed $45,170; and, authorize the initial administrative fee to the Department of the Navy Naval Facilities Engineering Systems Command (NAVFAC) Real Estate in an amount of $35,350.
BACKGROUND
The United States Department of Navy owns approximately 19 acres of land serving as a Defense Fuel Support Point facility operated by the Naval Weapons Station Seal Beach (NWSSB) that encompasses a large area within San Pedro (City of Los Angeles), with approximately two of the 19 acres of land situated within the City of Lomita’s southeastern boundary at 26800 S. Western Ave. The approximately two acres located within Lomita operate as youth baseball fields built over 50 years ago and have since been used by the Lomita Little League under a license agreement with the Navy (Navy Fields).
In 2021, the NWSSB was instructed by the Department of Defense (collectively “Navy”) to begin exploring relinquishing portions of the Defense Fuel Support facility in response to a directive from the Secretary of Defense. With support from Congressman Ted Lieu and Congresswoman Nanette Barragan, Congress authorized the Navy to begin negotiations to transfer the Navy Fields to the City through the adoption of the 2024 National Defense Authorization Act (NDAA) bill in December 2024. The City consequently began working with the Navy to begin the necessary real estate transactions associated with conveying the land to the City.
DISCUSSION
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 8c
Tuesday, May 06, 2025 Reg CC MTG, Page *136
2 Before the conveyance of land can take place, the Navy requires an Interim Lease Agreement. The Lease Agreement establishes a formal real estate document between the City and Navy providing a period for both parties to execute due diligence and legal terms leading up to the conveyance of the land. Furthermore, the Interim Lease Agreement will provide the City ample time to develop a long-term strategic funding plan to operate, maintain, and renovate the facility. Although the NDAA bill authorized less than fair market value to be charged for tenancy through the duration of the Interim Lease Agreement, the City is required to pay the Navy’s Facilities Engineering Systems Command (NAVFAC) Division of Real Estate an administrative fee of $35,350 (Attachment A).
The Navy has also agreed to extend their license agreement with the Little League preserving its status quo until the City and Navy complete the conveyance of land.
The City has agreed to take the lead with developing the Interim Lease Agreement, which includes surveying the land boundaries in order to establish a legal description of the property to be conveyed. This approach will ensure the most expeditious and cost-friendly path forward for the land conveyance process.
Staff obtained quotes from three qualified land surveyors for the preparation of Boundary Survey, ALTA, Certificate of Compliance, and Record of Survey for the Navy Fields. The quotes are as follows:
• Cal Vada Surveying, Inc. - $51,000
• DCA Civil Engineering Group - $42,600
• Vanlen Consultants - $45,170
Staff has selected Vanlen Consultants based on their experience working on similar projects and familiarity with the City’s needs. The Professional Services Agreement is attached (Attachment B). The cost for these professional services is $45,170.
The land surveyance process is estimated to take approximately three months to complete. Staff will return to the City Council in approximately 4 to 6 months with a draft Interim Lease Agreement for consideration.
FISCAL IMPACT
The initial costs for the expenditures associated with acquiring the Navy Fields are $80,520, which include land surveying and administrative fees paid to the Navy ($45,170) and the Navy’s imposed real estate administrative fees ($35,350). This does not include the cost for contracted project management and legal counsel to support this project.
Funding for the expenditures described above are currently appropriated in the General Fund of the Adopted Budget for the Navy Fields Project.
Tuesday, May 06, 2025 Reg CC MTG, Page *137
3 OPTIONS
Approve recommended action.
ATTACHMENTS
A. Navy Real Estate Agreement
B. Agreement with Vanlen Consultants
Approved by:
_______________________
Andrew Vialpando
City Manager
Tuesday, May 06, 2025 Reg CC MTG, Page *138
DEPARTMENT OF THE NAVY
NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST
750 PACIFIC HIGHWAY
SAN DIEGO, CA 92132-5190
IN REPLY REFER TO
11011
Ser RE.SS/25371
April 30, 2025
City of Lomita
Attention: Andrew Vialpando
City Manager
24300 Narbonne Ave
Lomita, CA 90717
Dear Mr. Vialpando:
This letter is in regard to the proposed three (3) year out-grant lease to City of Lomita use of Navy owned ball fields located at Naval Weapons Station Seal Beach, 26800 S Western Ave for softball practices and games.
The Government is authorized under 10 U.S.C. 2695 to recover its administrative fees incurred for this type of real estate agreement. The Government requires $35,350 as identified in the enclosed Invoice, Enclosure 1. Please remit payment for administrative expenses via check or pay.gov, per the instructions enclosed with this letter, Enclosure 2. Please include the Work Order Number (1872627) on your payment.
If you have any questions or require additional information, please contact Ms. Jennifer Toups, Senior Realty Specialist, at (619) 705-4477 or via email at [email protected].
Sincerely,
LINDSEY GREEN
Real Estate Contracting Officer
Enclosures: 1. Invoice
2. Pay.gov Instructions
GREEN.LINDSEY.E.12
65653045
Digitally signed by
GREEN.LINDSEY.E.1265653045
Date: 2025.05.01 07:59:16 -07'00'
Tuesday, May 06, 2025 Reg CC MTG, Page *139
INVOICE
Date: April 30 2025
Work Order No. 1872627
Instrument No. N62473-26-RP-00006
Billing Address: Bill To:
Naval Facilities Engineering Systems Command Southwest City of Lomita Real Estate Department Attention: Andrew Vialpando
750 Pacific Highway City Manager
San Diego, CA 92132 24300 Narbonne Ave
Lomita, CA 90717
NAVFAC SW Point of Contact
Jennifer Toups, Realty Specialist
Email: [email protected]
Telephone: (619) 705-4477
Project: For the proposed three (3) year out-grant lease to City of Lomita use of Navy owned ball fields located at Naval Weapons Station Seal Beach, 26800 S Western Ave for softball practices and games.
DATE DESCRIPTION BALANCE AMOUNT
April 30, 2025
NAVFAC SW Real Estate License Execution
• Development of Environmental Compliance
Documentation
• Development of License and Supporting Documentation
• Real Estate Contracting Officer Review and Execution
• Navy Cadastral review of Legal Description and Survey NOTE: Administrative fees above include up to three (3) Navy cadastral reviews. Any additional reviews could incur
additional administrative fees.
$35,350.00 $35,350.00
CURRENT 1-30 DAYS PAST
DUE 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DAYS PAST DUE AMOUNT DUE $35,350.00
NOTES:
1. If paying by check, make check payable to “U.S. Department of the Treasury” and please reference Work Order Number 1872627 with your payment.
2. Please send check to the following Mailing address via FedEx or UPS:
Naval Facilities Engineering Systems Command Southwest
Attn: Real Estate Department, Jennifer Toups
750 Pacific Highway, 9th Floor
San Diego, CA 92132
3. Please provide your Tax ID and/or DUNS number to the NAVFAC Point of Contact along with your check so that our Financial Management team may successfully process the fees outlined above.
Please remit payment via the website www.pay.gov using the step-by-step instructions.
Please contact Jennifer Toups at (619) 705-4477 for any pay.gov support.
REMITTANCE
Work Order No. 1872627
Date April 30, 2025
Amount Due $35,350.00
Amount Enclosed
Tuesday, May 06, 2025 Reg CC MTG, Page *140
Pay.gov Instructions for Rent Payment and Admin Fees Payment
1. Go to www.pay.gov
2. Create an Account (Choose the Account that best fits your needs: Personal or Company.)
3. Once an account has been created, Log in
4. Click Find an Agency
Tuesday, May 06, 2025 Reg CC MTG, Page *141
5. Go to N, Select NAVFAC Engineering Command (Do NOT select Naval Facilities Engineering Command)
Tuesday, May 06, 2025 Reg CC MTG, Page *142
6. Scroll to NAVFAC SOUTHWEST Financial Management General Fund and select Continue
7. Select Continue to the Form (to fill out form)
Tuesday, May 06, 2025 Reg CC MTG, Page *143
8. Complete all required fields (with *) on Agency Form using the information provided in the samples included as enclosures.
1-Admin Fees and 2-Rent to this document)
Payment Choices Dropdown:
Choose “Advances-Project and/or Labor” for all in-house admin fees Choose “Agriculture Lease (Navy)” for Navy Ag Lease rent Choose “Agricultural Lease (Marine)” for Marine Corps Ag Lease rent Choose “General Purpose Lease” for non-Ag Lease rent
Type of Payment Dropdown: Choose full.
Please mirror the language in the Notes/Comments section to the attached sample when submitting your payment. Please refer to the Fund Request (FR) email for your FR#.
Payment Limits
These are the limits set in Pay.gov. Your bank or the agency being paid may have a lower limit.
Credit Cards
Up to a total of $24,999.99 for all transactions with one or more U.S. Government agencies conducted on the same day using the same credit card. The total could combine payments made on Pay.gov and payments made any other way, such as presenting or swiping the card directly at an agency office. Example: On a Thursday, the same credit card is used for three separate payments of $10,000 each. Two payments were made on Pay.gov. The third payment, made directly to an agency, will be rejected because the total of all payments made with the credit card is over the daily limit. You could, however, use a different credit card for the third payment.
You may not split payments using the same card if the total will be over the limit, even if partial payments are made on different days.
Example: You must pay a fee of $35,000. You decide to make two partial payments using the same credit card. On Thursday, you pay $20,000. On Friday, you pay the remaining $15,000. Because both payments are for the same fee, the same card was used and the total of both payments is over the limit, Friday's payment will be rejected. You could use a different credit card for each partial payment.
Debit Cards
No limit except for the funds available in your account.
Bank Accounts for ACH Debit or Credit
Up to $99,999,999.99 per transaction, limited by the funds available in the account.
Tuesday, May 06, 2025 Reg CC MTG, Page *144
9. Review & Submit: please add Realty Specialist’s email, [email protected] and Program Analyst’s collective email, [email protected], and
[email protected] as an additional receipt email.
10. Confirmation Receipt: please ensure a copy of the confirmation receipt is received by Realty Specialist and Program Analysts.
Tuesday, May 06, 2025 Reg CC MTG, Page *145
NAVFAC SOUTHWEST
This form is for General Fund.
*Required Field
Billing Information
Do not use this payment method for any bill if you have received a notice from the Debt Management Office. * I understand by checking this box: this payment is not intended to pay a delinquent bill.
Account Information
(maximum 1024 characters)
* Company Name:
* Street Address:
Street Address 2:
* City:
* Country:
* State/Province:
* Zip/Postal Code:
* Point of Contact Name: First: Last:
* POC Phone Number: Ext:
POC Email Address:
* Payment Choices: Advances-Project and/or Labor
* Program/Contract Specialist Name: First: Jennifer Last: Toups * Type of Payment: FULL
N62473-26-RP-00006
* Payment Amount:
Notes/Comments: City of Lomita is paying the full amount of Administrative Fees (in-house labor) totaling $35,350.00 to NAVFAC SW Real Estate, located at Naval Base San Diego (NBSD), for US Government Contract No. N62473-26-RP-00006.
Ref: FR# 482798/N62473.
* Invoice/Doc/Contract #:
Delivery Order #:
Please include work location, Phone #,
and Purchase Order #, etc.
Enclosure 1 - Admin Fees
YOUR INFO HERE
$35,350.00
Tuesday, May 06, 2025 Reg CC MTG, Page *146
NAVFAC SOUTHWEST
This form is for General Fund.
*Required Field
Billing Information
Do not use this payment method for any bill if you have received a notice from the Debt Management Office. * I understand by checking this box: this payment is not intended to pay a delinquent bill.
Account Information
(maximum 1024 characters)
* Company Name:
* Street Address:
Street Address 2:
* City:
* Country:
* State/Province:
* Zip/Postal Code:
* Point of Contact Name: First: Last:
* POC Phone Number: Ext:
POC Email Address:
* Payment Choices:
* Program/Contract Specialist Name: First: Last:
* Type of Payment: Full
* Payment Amount:
Notes/Comments:
* Invoice/Doc/Contract #:
Delivery Order #:
Please include work location, Phone #,
and Purchase Order #, etc.
Enclosure 2 - Rent
Tuesday, May 06, 2025 Reg CC MTG, Page *147
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND VANLEN CONSULTANTS
This agreement for professional services is entered into this 6th day of May 2025, by and between the City of Lomita, a general law city and municipal corporation (“CITY”) and Vanlen Consultants (“CONSULTANT”).
R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out for professional services for preparation of Boundary Survey, ALTA, Certificate of Compliance, and Record of Survey.
C. CONSULTANT warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONSULTANT to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONSULTANT agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed $45,170, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous Tuesday, May 06, 2025 Reg CC MTG, Page *148
month. CITY shall pay CONSULTANT all uncontested amounts set forth in the CONSULTANT'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of CONSULTANT are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Neal J. McPherson. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on May 5, 2026, unless earlier termination occurs under Section 12 of this Agreement, or extended in writing in advance by both parties.
8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY Tuesday, May 06, 2025 Reg CC MTG, Page *149
resulting from changes in the services will be determined in accordance with written agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
10. PERMITS AND LICENSES. CONSULTANT will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
11. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.
CONSULTANT shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause.
12. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONSULTANT shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
13. INDEMNIFICATION.
A. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find Tuesday, May 06, 2025 Reg CC MTG, Page *150
CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.
CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 18, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
14. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
15. INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent CONSULTANT and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
16. AUDIT OF RECORDS.
A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
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17. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
18. INSURANCE REQUIREMENTS.
A. CONSULTANT, at CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. CONSULTANT shall require all subconsultants similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONSULTANT for CITY.
2. General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONSULTANT’S operations under this Agreement, whether such operations be by CONSULTANT or by its employees, subconsultants, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover Tuesday, May 06, 2025 Reg CC MTG, Page *152
CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONSULTANT also agrees to require all CONSULTANTs, and subconsultants to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
Tuesday, May 06, 2025 Reg CC MTG, Page *153
E. CONSULTANT shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 12 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONSULTANT’S behalf upon CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
19. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any CONSULTANTs while performing any portion of this Agreement. Such approval must include approval of the proposed CONSULTANT and the terms of compensation.
20. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, sub-CONSULTANTs and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, sub-CONSULTANTs and agents.
Tuesday, May 06, 2025 Reg CC MTG, Page *154
21. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during CITY’S review of CONSULTANT’S report or plans. Should the CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
22. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
Vanlen Consultants
19318 Jesse Lane, Suite250
Riverside, CA 92508
ATTN: Neal J. McPherson,
Principal Project Manager
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
24. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
Tuesday, May 06, 2025 Reg CC MTG, Page *155
25. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
26. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
27. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
28. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
29. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
30. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
31. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
32. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
33. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
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34. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONSULTANTs, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
35. DISCLOSURE REQUIRED. (CITY and CONSULTANT initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is a “CONSULTANT” for the purposes of the California Political Reform Act because CONSULTANT’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONSULTANT employed by CITY. CONSULTANT hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to CONSULTANT commencing services hereunder, the City’s Manager shall prepare and deliver to CONSULTANT a memorandum detailing the extent of CONSULTANT’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
CONSULTANT Initials ______
OR
By their initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is not a “CONSULTANT” for the purpose of the California Political Reform Act because CONSULTANT’S duties and responsibilities are not within the scope of the definition of CONSULTANT in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials ______
CONSULTANT Initials ______
[Signatures on following page]
Tuesday, May 06, 2025 Reg CC MTG, Page *157
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONSULTANT
Andrew Vialpando, City Manager By: Neal J. McPherson, Principal Project Manager
ATTEST:
Kathleen Horn Gregory, City
Clerk
Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
Tuesday, May 06, 2025 Reg CC MTG, Page *158
City of Lomita Proposal # 2025-031
Project: Lomita Little League (1740 Palos Verdes Dr. W., Palos Verdes Estates) APN’s 7442-001-907: Boundary Survey, ALTA, Certificate of Compliance & Record of Survey. (Property Boundary Limits) (Aerial Mapping Limits)
Thank you for this opportunity to review your project requirements and I am pleased to provide you with the following quotation for preparation of Boundary Survey, ALTA, Certificate of Compliance, and Record of Survey.
The purpose of this Survey is to subdivide the Little League into it’s own parcel from the Navy. This assumes a Parcel Map is not required.
Schedule of Services
1. Research and Boundary Survey: ___________________________________Task = $15,980.00 • Obtain and Review Title Report for subject property. $1,200.00 • Research County Survey Records to prepare for boundary survey. • Prepare field package and boundary plan for survey crew. • Tie to local benchmark/control and set 5 aerial panels. • Survey Monuments to establish property boundary and easements. • Office support, Coordination, Professional Review, and Project Management
2. Topographic Field Survey (ALTA Standards): _______________________Task = $4,020.00 • Topo property lines within 10+/- feet to establish encroachments and confirm aerial features. • Survey property features to satisfy ALTA/NSPS Land Title Survey standards of February 2021. • Locate Fence lines around little league improvements. • Office support, Coordination, Professional Review, and Project Management Tuesday, May 06, 2025 Reg CC MTG, Page *159
3. Aerial Survey and Mapping: ______________________________________________Task = $3,100.00 • Aerial flight
• Topographic Mapping (1’ contours, 40 scale)
• Color Digital Ortho Image
• Coordination, Professional Review, and Project Management
4. Boundary Analysis and Mapping (ALTA): __________________________________Task = $9,565.00 • Data processing and provide control to aerial consultant. • Create Boundary from records and found monuments.
• Plot title easements, dedications, etc… from title report (15 exceptions). • Label above ground utilities, applicable features, and encroachments per ALTA standards. • Create ALTA per Minimum Standard Detail Requirements for ALTA/NSPS land and Title Surveys (February 23, 2021). The ALTA is necessary to identify easements and encroachments to ultimately define the proper subdivision line for the Little Leage.
• Coordination, Professional Review, and Project Management
5. Certificate of Compliance for property Subdivision: _________________________Task = $2,555.00 • Prepare Certificate of Compliance subdividing property into 2 parcels. • Prepare perfecting deeds for 2 parcels to be recorded following Certificate of Compliance to be filed at County.
• Coordination, Professional Review, and Project Management
6. Record of Survey: _____________________________________________________Task = $9,950.00 • Prepare Record of Survey based on established boundary and found monuments.
Based on preliminary research and per the Professional Land Surveyors of 2023, section 8762, a record of survey is required by establishing the boundary of the subject property. If through more extensive research, it is deemed that a record of survey is not required, this line item shall not be billed or performed unless client requests the record of survey.
• Submit record of survey to county of Los Angeles, address comments, and coordinate for recording. • Set required monuments at established boundary corners and applicable locations (assume 10 monuments) • Coordination, Professional Review, and Project Management Tuesday, May 06, 2025 Reg CC MTG, Page *160
Deliverables
• Minimum Standard ALTA PDF as well as CAD files (Boundary, Easements, Above Ground Utilities, Aerial Topographic Overlay with 1’ contours, curb lines, fence lines, side walks, parking strips, driveways, etc…).
• Certificate of Compliance and perfecting deeds
• Record of Survey filed at San Bernardino County and monuments set at property corners.
Schedule:
ALTA shall be delivered 1 Month after notice to proceed.
Certificate of Compliance 2 Months after notice to proceed Record of Survey shall be sent for review to Los Angeles County 3 Months after notice to proceed and monuments shall be set after receipt of first map check comments.
Total cost = $45,170.00
Project Assumptions and Exclusions:.
1) ALTA shall be prepared per Minimum standard Detail Requirements for ALTA/NSPS Land and Title Surveys (Effective February 23, 2021) and any additional items needed will be at an additional cost. 2) Supplemental Design Topographic survey is not included in this proposal and if needed will come at an additional cost.
3) This proposal assumes boundary monuments per records are found in an acceptable condition and a reasonable amount of evidence is present to establish the subject boundary. IF EXTENSIVE FIELD WORK IS NEEDED TO ESTABLISH BOUNDARY, IT WILL COME AT AN ADDITIONAL COST. WE SHALL NOTIFY CLIENT TO AUGMENT THE CONTRACT PRIOR TO PERFORMING ADDITIONAL WORK.
4) This Proposal is based on the above scope items only. Additional scope requested shall be at an additional cost.
We shall notify the client for approval on out-of-scope items prior to performing work.
Compensation and Conditions: The services for this project will be performed and executed within a reasonable time and confirmed date by client upon Approval and agreement of the Scope of Services as outlined under schedule of services, All project completion dates must be submitted to VanLen Consultants in writing or in the form of electronic mail. VanLen Consultants will not be held accountable for project deadlines and substantial completion dates due to inclement weather. This proposal is for professional services only and does not include fees required by the city, utility agencies and other government agencies (filing, checking, recording, permits, inspection etc.) If required permitting fees apply the client will be billed at a fee of Cost+10%. Monthly progress billing shall be submitted within the first week of each month for work performed in the prior month and payment terms shall be Net 30. Outstanding delinquent payments may result in the delay of deliverables and possible legal action.
A Retainer in the amount of $5000.00 shall be sent upon notice to proceed and shall be paid Net 15.
Thank you for allowing us this opportunity to be of service. Please sign and return this proposal via email and we shall send an invoice for the retainer. Should you have any questions or require additional information, please contact me directly.
Neal J. McPherson
VanLen Consultants
Principal Project Manager. P.L.S.
(951) 377 5034
_________________________________ Agreed to and accepted by: X__________________________ 04-24-2025
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1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Susan Kamada, Administrative Services Director MEETING DATE: May 6, 2025
SUBJECT: Public Hearing on Vacancies to Comply with Assembly Bill 2561
RECOMMENDATION
Receive and file this report. No action is needed.
BACKGROUND
Assembly Bill 2561 (AB 2561) was signed into law by Governor Newsom on September 22, 2024, requiring local public agencies to enhance transparency and accountability in public sector staffing. The new law took effect January 1, 2025. The purpose of AB 2561 is to address growing concerns over staffing shortages in public agencies, which can lead to increased workloads, employee burnout, lower morale, and reduced service delivery to citizens.
AB 2561 mandates that public agencies hold at least one public hearing each fiscal year before the adoption of their budgets to report on vacancy levels, evaluate hiring and retention efforts, and allow for participation by recognized bargaining groups. Additionally, the law requires agencies to:
• Report annually on vacancies, recruitment activity, and retention strategies; • Identify any policies or practices that may hinder hiring or retention; • Provide recognized bargaining groups with an opportunity to present during the public hearing; and,
• If any bargaining group vacancy rate reaches or exceeds 20% of authorized positions, provide additional data upon request, including applicant volume, hiring timelines, and efforts to improve compensation, benefits, and working conditions
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 9a
Tuesday, May 06, 2025 Reg CC MTG, Page *162
2 The City of Lomita presents this report in compliance with new transparency requirements related to staffing vacancies. This report includes workforce data for the 2024 calendar year.
As statutorily required, the City’s bargaining unit, represented by the American Federation for State, County and Municipal Employees (AFSCME), has been invited to participate in this public hearing 2561.
DISCUSSION
Workforce Overview
As of December 2024, the City of Lomita had 48 full-time equivalent (FTE) budgeted positions. Of the 48 FTE’s, 35 are represented by a bargaining group. The bargaining group vacancy did not meet or exceed the 20% vacancy threshold that would trigger enhanced reporting under AB 2561. The bargaining unit vacancy rate as of December 31, 2024, was 3%, and the city’s overall vacancy rate was 8%.
Vacancy rates are calculated as follows: Vacancy Rate (%) = (Number of Vacant Positions in employee group / Total Number of Authorized Positions) x 100.
The following table summarizes the City’s vacancy rate by employee group as of December 31, 2024.
Employee Group FTE's Budgeted Vacancies Vacancy Rate
Confidential 2 0 0
Department Heads 6 1 0
Management 5 2 17%
LCEA (bargaining unit) 35 1 3%
City Overall 48 4 8%
Recruitment Activity
Vacancies within the City arise from a range of factors, including retirements, internal promotions, resignations, and terminations. In 2024, the City filled nine (9) full-time positions and hired 22 part-time employees. Human Resources staff reviewed 299 applications for full-time positions and 458 for part-time positions, demonstrating consistent interest in City employment opportunities.
However, a high volume of applications does not always indicate a strong pool of qualified candidates. The City often receives applications from across the country, many of which are from individuals seeking remote-only roles or from candidates who do not meet minimum qualifications. Additionally, some qualified candidates choose not to proceed in the recruitment process due to the region’s high cost of living or compensation levels that do not align with their expectations or desired lifestyle.
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3 Employee Separations
In 2024, 11 full-time equivalent employees separated from the City of Lomita. The reasons for departure were as follows:
• 6 employees left for other municipal positions offering higher pay or promotional opportunities
• 3 employees retired
• 1 employee relocated to a different state
• 1 employee was terminated for cause
This reinforces the importance of offering competitive compensation and benefits and creating pathways for internal advancement. However, research indicates that employees with shorter tenure are more likely to leave within their first few years of service.
Employee Retention
Employee retention remains a central focus of the City’s workforce strategy. In 2024, the City had several opportunities for career advancement. Ten (10) employees were promoted to higher positions, three (3) part-time staff were promoted to full-time positions, and seven (7) full-time staff were promoted to higher classifications. Additionally, 23 fulltime employees have worked for the City for five years or longer.
The City continues to offer competitive compensation and benefits and creates pathways for internal advancement. Some initiatives to improve employee satisfaction, promote longevity, and enhance professional growth include:
• Continued access to a comprehensive benefits package
• A wellness program
• Ongoing professional development through in-person and online training programs, including offerings from the California Joint Powers Insurance Authority (CJPIA), and Liebert Cassidy Whitmore (LCW)
• City-paid certification training
• Create opportunities for advancement
• Employee recognition program
Organizational Self-Assessment
As part of its workforce planning and in alignment with AB 2561, the City continues to assess internal practices and workforce conditions to identify and address recruitment and retention challenges. Current areas of focus include:
• Exploring new advertising methods and platforms, particularly for hard-to-fill positions such as Engineering and Finance;
• Ensuring that compensation and benefits remain competitive within the region; Tuesday, May 06, 2025 Reg CC MTG, Page *164
4 • Reviewing recruitment best practices and improving the onboarding experience.
This ongoing self-assessment helps the City to become an employer of choice, supports organizational resilience, and ensures the effective delivery of public services.
Conclusion
The City of Lomita is committed to maintaining a skilled and resilient workforce and to complying with the requirements of Assembly Bill 2561. This report and public hearing fulfill the requirements of AB 2561 and confirm that the City’s bargaining group is below the 20% vacancy threshold. While vacancy levels remain below the threshold for enhanced reporting, the City will continue to monitor staffing trends, address recruitment challenges, and invest in workforce development.
FISCAL IMPACT
None.
Reviewed by: Approved by:
Susan Kamada Andrew Vialpando
Administrative Services Director City Manager
Prepared by:
__________________________
Deborah Dixon
Human Resources Manager
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1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Susan Kamada, Administrative Services Director MEETING DATE: May 6, 2025
SUBJECT: Ordinance No. 872 - An Ordinance Amending the Contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Lomita (Second Reading)
RECOMMENDATION
After conducting a public hearing, and after the City Attorney reads the title to adopt Ordinance No. 872, authorizing an Amendment to the Contract Between the City of Lomita and the Board of Administration of the California Public Employees’ Retirement System to remove cost sharing for the Unrepresented Executive Management Group Pursuant to Government Code Section 20516.
BACKGROUND
On April 15, 2025, the City Council introduced on first reading an ordinance authorizing an amendment to the contract between the City of Lomita and the Board of Administration of the California Public Employees’ Retirement System to remove cost sharing pursuant to Government Code Section 20516.
OPTIONS:
1. Approve the attached ordinance.
2. Do not approve the ordinance.
3. Provide staff with further direction.
FISCAL IMPACT
There is no fiscal impact.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 9b
Tuesday, May 06, 2025 Reg CC MTG, Page *166
2 ATTACHMENT
1. Ordinance 872 amending CalPERS contract
2. CalPERS Amendment to Contract
Prepared by: Approved by:
________ ___________________________
Susan Kamada Andrew Vialpando
Administrative Services Director City Manager
Tuesday, May 06, 2025 Reg CC MTG, Page *167
ORDINANCE NO. 872
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF LOMITA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM TO REDUCE COST-SHARING
FOR SECOND-TIER CLASSIC LOCAL MISCELLANEOUS MEMBERS IN
THE UNREPRESENTED EXECUTIVE MANAGEMENT GROUP
PURSUANT TO GOVERNMENT CODE SECTION 20516
THE CITY COUNCIL OF THE CITY OF LOMITA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That an amendment to the contract between the City Council of the City of Lomita and the Board of Administration, California Public Employees’ Retirement System is hereby approved, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.
Section 2. The Mayor, or his designee, is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City.
Section 3. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage and adoption; and within fifteen (15) days after its passage and adoption, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this 6th day of May, 2025. ____________________________
Mark A. Waronek, Ma yor
ATTEST:
______________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
_____________________
Trevor Rusin, City Attorney
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