CITY OF LOMITA
PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the City Manager and attested to by the City Clerk, by and between CUSTOM VIEW WINDOWS, a California corporation, (hereinafter referred to as "CONTRACTOR") and the City of Lomita, California, a municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the receipt of Informal Bids for the removal and replacement of embedded and worn-out windows at the buildings at Lomita Park as part of the Marc Fosnaugh Gymnasium and Tom Rico Center Window Removal And Replacement Project, bids were received, opened, and reviewed.
B. On Tuesday, April 7, 2026, Lomita’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.
C. The City Council has authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Marc Fosnaugh Gymnasium and Tom Rico Center Window Removal and Replacement Project in the City of Lomita.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the removal and replacement of embedded and worn-out windows at the buildings at Lomita Park as part of the Marc Fosnaugh Gymnasium and Tom Rico Center Window Removal And Replacement Project in the City of Lomita. The work shall be performed in accordance with the Plans and Specifications dated (the “Specifications” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The contract documents for the aforesaid project, a complete set of which is on file with the Lomita City Clerk’s Office, shall consist ensure Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion Tuesday, April 07, 2026 Reg CC MTG, Page *188
in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal, attached hereto as Exhibit B and incorporated herein by this reference, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 100 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1,000.00 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
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,
C. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. (5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. (6) CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
(7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement.
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The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement.
If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The City of Lomita and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of any Indemnitee. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
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b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
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. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
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9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions.
12. ASSIGNMENT: This Agreement is not assignable nor the performance of neither party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights or obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature Tuesday, April 07, 2026 Reg CC MTG, Page *193
which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Lomita business license, if required under CITY ordinance.
16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if signed by the party to be charged.
19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
20. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 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.
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CITY OF LOMITA, CA
24300 NARBONNE AVENUE, LOMITA, CA 90717
PHONE: (310) 325-7110
FAX: (310) 325-4024
EMAIL: [email protected]
Attention: Hector Flores, Public Works Operations Manager CUSTOM VIEW WINDOWS:
5250 LANKERSHIM BLVD #500, N. HOLLYWOOD, CA 91601
PHONE: (424) 888-5586
EMAIL: [email protected]
Attention: Ezra Laniado, President
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21. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the contract documents and Public Contracts Code §§ 10240-10240.13.
22. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. NO THIRD PARTY BENEFICIARY. This Agreement and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
24. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
25. 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.
26. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
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State of California
CONTRACTOR’S License No. 1141730
CONTRACTOR: CUSTOM VIEW WINDOWS, a California corporation By:
DATE Ezra Laniado, PRESIDENT
CONTRACTOR’S Business Phone (424) 888-5586
Emergency Phone at which CONTRACTOR can be reached at any time:
(818) 571-1517
CITY OF LOMITA, CALIFORNIA
By:
DATE Andrew Vialpando, CITY MANAGER
ATTEST:
By:
DATE Kathleen Horn Gregory, CITY CLERK
APPROVED AS TO
FORM:
By:
DATE CITY ATTORNEY
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SITE MAP, SCOPE OF WORK, AND EXISTING WINDOW LOCATIONS
Marc Fosnaugh and Tom Rico Center Window Removal and Replacement Project Site Address: 24428 Eshelman Avenue, Lomita, CA 90717
AIN: 7372-021-902
NORTH SIDE OF
TOM RICO CENTER
SOUTH SIDE OF MARC
FOSNAUGH GYM
EAST SIDE OF MARC
FOSNAUGH GYM
EAST SIDE OF TOM
RICO CENTER
WEST SIDE OF MARC
FOSNAUGH GYM
WEST SIDE OF TOM
RICO CENTER
5-7 3&4 1&2
10&11 12&13
8 &
9 14
&
15 16
Exhibit A
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Scope of Work
Marc Fosnaugh Gymnasium and Tom Rico Center
Window Removal and Replacement Project
Location: 24428 Eshelman Ave, Lomita, CA 90717
1. Remove existing windows and frames at Marc Fosnaugh Gym and Tom Rico Center, and prep for new window installation.
2. Provide manpower and supervision for construction project.
3. Provide daily clean-up of job site.
4. Provide and install laminated force entry glass with standard tube and window frames in conformance with the specifications listed below.
5. Patch stucco and touch up exterior paint.
6. Touch up paint on interior walls.
7. Prevailing wages included.
8. Boarding of openings with black-painted plywood.
9. Provide submittals for windows prior to purchase.
Window Specifications
Quantity Item
4 20” X 33” – 1” IGU on Clear Anodized Aluminum Frame. 1/4" clear tempered glass with Solarban 60 on 2, 1/2" bronze spacer, 1/4” laminated glass.
1 58” X 77” – 1” IGU on Clear Anodized Aluminum Frame. 1/4" clear tempered glass with Solarban 60 on 2, 1/2" bronze spacer, 1/4” laminated glass.
7 44” X 32” – 1” IGU on Clear Anodized Aluminum Frame. 1/4" clear tempered glass with Solarban 60 on 2, 1/2" bronze spacer, 1/4” laminated glass.
4 44” X 31” – 1” IGU on Clear Anodized Aluminum Frame. 1/4" clear tempered glass with Solarban 60 on 2, 1/2" bronze spacer, 1/4” laminated glass.
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Existing Window and Window Opening Locations:
X Quantity Window / Window Opening Location
1 Window 1 North Side of Tom Rico Center
1 Window 2 North Side of Tom Rico Center
1 Window 3 North Side of Tom Rico Center
1 Window 4 North Side of Tom Rico Center
1 Window 5 North Side of Tom Rico Center
1 Window 6 North Side of Tom Rico Center
1 Window 7 North Side of Tom Rico Center
1 Window 8 West Side of Tom Rico Center
1 Window 9 West Side of Tom Rico Center
1 Window 10 West Side of Marc Fosnaugh Gym
1 Window 11 West Side of Marc Fosnaugh Gym
1 Window 12 East Side of Marc Fosnaugh Gym
1 Window 13 East Side of Marc Fosnaugh Gym
1 Window 14 East Side of Tom Rico Center
1 Window 15 East Side of Tom Rico Center
1 Window 16 East Side of Tom Rico Center
Building Exterior Photos
North Side of Tom Rico Center
1 2 3 4 5 6 7
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West Side of Tom Rico Center and Marc Fosnaugh Gym
East Side of Tom Rico Center and Marc Fosnaugh Gym
Window and Window Opening Photos
Windows 1 & 2 (North-east Side of Tom Rico Center)
8 & 9 10 & 11
14 & 15
16 Tuesday, April 07, 2026 Reg CC MTG, Page *201
Windows 3 & 4 (North-center Side of Tom Rico Center)
Windows 5, 6, & 7 (North-west Side of Tom Rico Center)
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Window 8 & 9 (West Side of Tom Rico Center)
Windows 10 & 11 (West Side of Marc Fosnaugh Gym)
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Windows 12 & 13 (East Side of Marc Fosnaugh Gym)
Windows 14 & 15 (East Side of Tom Rico Center)
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Window 16 (East Side of Tom Rico Center)
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Estimate
Tue 3/24/2026
Job ID 1049 Cust # 1519
Custom View Windows
12100 Wilshire Blvd Suite 800
Los Angeles, CA 90025
(424) 888-5586 Storefront Window Replacement with Laminated Tempered Glass Customer
Hector Flores Delivery Address: Proposal Total
City of Lomita 24428 Eshelman Avenue $46,922.00 24428 Eshelman Avenue Lomita, CA 90717 Lomita, CA 90717
310-903-8909
line Area Qty Item
1.0 Perimeter 4 20" X 33" - 1″ IGU on Clear Anodized Aluminum Frame. 1/4" clear tempered glass with Solarban 60 on 2, 1/2" bronze spacer, 1/4" laminated glass.
1 58" X 77" - 1″ IGU on Clear Anodized Aluminum Frame. 1/4" clear tempered glass with Solarban 60 on 2, 1/2" bronze spacer, 1/4" laminated glass.
7 44" X 32" - 1″ IGU on Clear Anodized Aluminum Frame. 1/4" clear tempered glass with Solarban 60 on 2, 1/2" bronze spacer, 1/4" laminated glass.
4 44" X 31" - 1″ IGU on Clear Anodized Aluminum Frame. 1/4" clear tempered glass with Solarban 60 on 2, 1/2" bronze spacer, 1/4" laminated glass.
Inclusions:
- Removal of existing frame
- Install of windows listed above
- Patch stucco
- Touch up paint on interior walls
- Prevailing wages included
- Boarding of openings
Exclsusions:
- Any concrete cutting
- Any additional items not listed above
- Scope of work is to be performed during normal business day hours. No nights or weekends - Parking is to be provided to Custom View Windows staff by Owner during the entirety of scope of work.
Total $46,922.00
-
Repersentative: Barry Fryer
Quote good until: 4/24/26
Payment Terms: 50% Material Draw, 25% Prior To Delivery, 25% Upon Completion Acceptace of Proposal/ Authorization to Work:
My/Our signature(s) below authorize Custom View Windows to furnish all materials, parts and items specified in this Quote, for which I/We agree to pay the amount stated and according to the terms indicated above & herein. I/We have carefully reviewed this Quote in it's entirety and understand Custom View Windows is not financially responsible for any materials, parts, or items ordered & received as specified in this Quote which subsequently are incorrect and/or unusable due to any misprovided or unprovided dimensions, sizes, preps, reinforcements or any other critical data or information I/we should have provided.
Customer Signature: Date:
Customer Print Name:
Exhibit B
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1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Deanna Fraley, PE, Public Works Director
MEETING DATE: April 7, 2026
SUBJECT: Resolution Directing the Public Works Director to Prepare the Engineer's Report for Landscape Maintenance District No. 1
RECOMMENDED ACTION
Adopt Resolution No. 2026-14 directing the Public Works Director to prepare the Engineer’s Report for Landscape Maintenance District No. 1.
BACKGROUND
Landscape District Landscape Maintenance District No. 1 (District) was first formed in 1979 as the result of an effort by a group of homeowners in the Rolling Ranchos Tract (Tract 25201 as recorded with the County of Los Angeles) wanting a well-maintained scenic entrance to their development.
The District was established to defray the maintenance and operating costs of maintaining landscaping improvements within the District and was to be financed by the adjacent Rolling Ranchos Tract. A state grant financed the construction of the bike path on Palos Verdes Drive North in conjunction with the City of Rolling Hills Estates. The rest of the landscaping and irrigation system was constructed by force account utilizing city and California Conservation personnel.
The District's boundaries remain unchanged and include all of the residential area known as the Rolling Ranchos Tract, all within the City of Lomita, as well as the landscaping area between the northerly curb along Palos Verdes Drive North and the southerly property line of the Rolling Ranchos Tract. The median on Palos Verdes Drive North is not part of the District.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 7g
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2 DISCUSSION
Under the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500), the City Council must pass a Resolution of Intent and schedule a public hearing date if it desires to levy and collect annual assessments to pay for the ongoing maintenance and servicing of the existing landscape improvements, trails (pathways) and appurtenant improvements and facilities within the District.
Based on the premise that all properties within the Rolling Ranchos Tract would benefit equally from District improvements, it was determined at the time of forming the District that all properties be assessed equally.
An Engineer’s Report is necessary to determine the cost of service and the amount of the assessment for the properties. Following receipt of the Engineer’s Report, a Resolution of Intent to levy annual assessments for Landscape Maintenance District No. 1 will be presented to the Council, and a public hearing date will be established.
Although the design is complete for improvements in this area, the rates will not be affected until funding is secured and construction is completed.
FISCAL IMPACT
The Engineer’s Report will address the amount of the assessment.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No. 5: City Infrastructure & Water Utility – Investing in reliable, sustainable infrastructure.
OPTIONS
Approve recommended action.
ATTACHMENTS
1. Resolution No. 2026-14
Reviewed by: Approved by:
.
_______________________ ______________________
Deanna Fraley, PE Andrew Vialpando
Public Works Director City Manager
Tuesday, April 07, 2026 Reg CC MTG, Page *208
RESOLUTION NO. 2026-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, ORDERING THE PUBLIC WORKS DIRECTOR TO
PREPARE AND FILE THE ENGINEER’S REPORT FOR LOMITA
LANDSCAPE MAINTENANCE DISTRICT NO. 1, IN ACCORDANCE
WITH THE LANDSCAPING AND LIGHTING ACT OF 1972, DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2026, AND ENDING JUNE 30, 2027
THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
SECTION 1. Recitals:
A. The City Council of the City of Lomita, California, proposes to levy annual assessments for the Lomita Landscape Maintenance District No. 1 pursuant to the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the Streets and Highways Code of the State of California, for the fiscal year commencing July 1, 2026, and ending June 30, 2027.
B. New improvements or substantial changes in the existing improvements are contemplated.
SECTION 2. The Public Works Director is hereby ordered to prepare and file a report with the City Clerk, all in accordance with Article 4 (commencing with Section 22565 of the Streets and Highway Code of the State of California) with respect to the maintenance of landscaping for the fiscal year commencing July 1, 2026, and ending June 30, 2027.
SECTION 3. The City Clerk is ordered to provide a certified copy of this Resolution to the Public Works Director for their information and guidance.
SECTION 4: This Resolution will become effective immediately upon adoption.
SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED, this 7th day of April 2026. [Signatures on the following page]
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Resolution No. 2026-14
Cindy Segawa, Mayor
ATTEST:
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
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1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Susan Kamada, Deputy City Manager/Administrative Services Director
MEETING DATE: April 7, 2026
SUBJECT: Schedule a Date and Time for the FY 2026-2027 Budget Workshop and Budget Public Hearing
RECOMMENDED ACTION
Schedule a date and time for the FY 2026-2027 Budget Workshop and set the Public Hearing for the FY 2026-2027 Budget on June 16, 2026, at 6 p.m.
BACKGROUND
As part of the annual budget adoption process, the City Council reviews recommendations by staff and makes available opportunities for the public to provide feedback. Public and City Council input is achieved through a budget workshop and Public Hearing.
DISCUSSION
The Deputy City Manager / Administrative Services Director will present the Proposed FY 2026-2027 Budget to the City Council for discussion in a workshop session. After the completion of the Budget Workshop, staff will update and include all revision into the final budget document for discussion, consideration and approval at the public hearing.
The City Council may select one of the following dates to conduct the FY 2026-2027 Budget Workshop:
• Wednesday, May 6, 2026, at 10:00 a.m.
• Thursday, May 7, 2026, at 10:00 a.m.
• Monday, May 11, 2026, at 10:00 a.m.
• Tuesday, May 12, 2026, at 10:00 a.m.
• Wednesday, May 13, 2026, at 10:00 a.m.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 8b
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2 • Thursday, May 14, 2026, at 10:00 a.m.
Following the workshop, a final Proposed Budget will be presented to the City Council in a Public Hearing for adoption on June 16, 2026.
OPTIONS
1. Approved the recommended action.
FISCAL IMPACT
None.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No. 6: High Performing Organization – Strengthening City services through innovation and excellence.
FISCAL IMPACT
None.
Approved by:
Andrew Vialpando
City Manager
Prepared by:
__________________________
Susan Kamada
Administrative Services Director
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1 TO: City Council
FROM: Susan Kamada, Deputy City Manager/Administrative Services Director
PREPARED BY: Deborah Dixon, Human Resources Manager
MEETING DATE: April 7, 2026
SUBJECT: Public Hearing on Vacancies to Comply with Assembly Bill 2561
RECOMMENDED ACTION
Receive and file this report.
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
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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 2025 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 per AB 2561.
DISCUSSION
Workforce Overview
As of December 31, 2025, the City of Lomita had 57 full-time employee (FTE) budgeted positions. Of the FTE’s, 40 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, 2025, was 2.5%, and the city’s overall vacancy rate was 3.5%.
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, 2025.
Employee Group FTE's Budgeted Vacancies Vacancy Rate
Confidential 5 0 0%
Department Heads 6 1 17%
Management 6 0 0%
LCEA (bargaining unit) 40 1 2.5%
City Overall 57 2 3.5%
Recruitment Activity
Vacancies within the City arise from a range of factors, including retirements, internal promotions, resignations, and terminations. In 2025, the City filled seven (7) full-time positions and hired 22 part-time employees. Human Resources staff reviewed 247 applications for full-time positions and 507 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 2025, 22 full-time equivalent employees separated from the City of Lomita. The reasons for departure were as follows:
8 employees left for other positions offering higher pay or promotional opportunities 1 employee relocated to a different state
11 resigned for reasons unknown
2 employees were 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. The majority of these employees were employed by the city for less than five years.
Employee Retention
Employee retention remains a central focus of the City’s workforce strategy. In 2025, the city had several opportunities for career advancement. Five (5) fulltime employees were promoted to higher classifications, and one (1) part-time employee was promoted to a full-time position. Additionally, 29 full-time employees have worked for the city for five years or longer and 14 of those have worked for the city longer than ten years.
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
Tuition reimbursement
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.
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4 Ensuring that compensation and benefits remain competitive within the region. 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.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No. 6: High Performing Organization – Strengthening City services through innovation and excellence.
OPTIONS
Approve recommended action.
Reviewed by: Approved by:
______________________ . _______________________
Susan Kamada Andrew Vialpando
Administrative Services Director City Manager
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