CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING
M0NDAY, JANUARY 24, 2022, 6:00 PM
AGENDA
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.
Pursuant to AB 361, please be advised that members of the Bell Gardens City Council may participate in meetings telephonically. The public may view the meeting and participate in public remotely.
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.
CALL TO ORDER
ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor
CLOSED SESSION REPORT
PRESENTATIONS
• SMALL BUSINESS GRANT PRESENTATION
PUBLIC HEARING (Items No. 1)
1. ZONING CODE AMENDMENT NO. 2021-058 - ORDINANCE NO. 921 (FILE NO.2021-058)
1 Consideration of Ordinance No. 921 amending the Electronic Billboard standards pursuant to Zoning Code Amendment No. 2021-058.
Recommendation:
It is staff's recommendation, based upon the recommendation of the Planning Commission, that the City Council:
1. Conduct the duly noticed public hearing;
2. Waive full reading, make any amendments to, and introduce Ordinance No. 921 (Exhibit 1) by title: Ordinance No 921 to amend Title 9 of the Bell Gardens Municipal Code (BGMC) Chapter 9.40, "Signs", Section 9.40.065 "Electronic Billboard Regulations and Standards".
3. Direct that the proposed Ordinance be placed on agenda for second reading at the February 14, 2022, City Council Meeting.
PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361 , and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app, when it is your turn to speak the host will unmute you. Live comments mayalso be made by call -in users on zoom bydialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.
CITY MANAGER'S REPORT
CONSENT CALENDAR (Items No. 2-9)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Successor Agency request specific items to be remowd from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business
2. GENERAL MOTION TO WAIVE FULL READING AND APPROVE
ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be 2 read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 12/16/21, 12/21 /21, 12/28/21, 12/30/21 and 01 /04/22.
4. APPROVE MINUTES OF THE JANUARY 10, 2022 CITY COUNCIL
REGULAR MEETING
January 10, 2022 - Regular City Council Meeting Minutes Recommendation:
It is staff's recommendation that the City Council approve the attached minutes.
5. ADOPT RESOLUTION AUTHORIZING RESUBMISSION OF THE
CALHOME GRANT RESOLUTION FOR THE SECOND ALLOCATION OF
FUNDS
Resolution authorizing the resubmission of the CalHome 2020 Program funding resolution to HCD to accept the second allocation of $4.55 million.
Recommendation:
It is Staff's recommendation that the City Council approve the attached Resolution authorizing the resubmission of the Resolution to HCD for funding under the CalHome 2020 Program; authorize the changes in this resolution to match the program's administrative changes for the second allocation of the CalHome Program; authorize the City Manager to execute a Standard Agreement with HCD to receive CalHome Program funding and any amendments thereto; and authorize the City Manager to execute and file any related documents necessary to accept the second allocation of CalHome 2020 Program funding. 51 6. RESOLUTION OPPOSING TO LEGALIZE SPORTS BETTING ON
AMERICAN INDIAN LANDS INITIATIVE RELATED TO SPORTS BETTING
AT AMERICAN INDIAN GAMING CASINOS AND LICENSED
RACETRACKS IN CALIFORNIA
The proposed initiative would authorize "American Indian" casinos and licensed racetracks the exclusive rights for sports wagering as well as Vegas -style roulette, and dice games. At the same time, the initiative seeks to outlaw lawfully -approved California -style games at California cardrooms such as The Bicycle Hotel & Casino. Further, proceeds from these activities would in part fund enforcement mechanisms against California cardrooms such as The Bicycle Hotel & Casino.
Recommendation:
It is staff's recommendation that the City Council consider adopting the attached Resolution affirming the City's opposition to "Legalize Sports Betting on American Indian Lands Initiative" related to sports betting at American Indian gaming casinos and licensed racetracks in California.
7. RESOLUTION IN SUPPORT FOR AB 1400: CALIFORNIA GUARANTEED
HEALTHCARE FORALL
Assembly Bill 1400 (AB 1400) would establish the California Guaranteed Health Care for All Act and create CalCare, a state-wide comprehensive universal single payer health care cost control system for the benefit of all residents of the State.
Recommendation:
It is staff's recommendation that the City Council adopt a resolution in support of Assembly Bill 1400, which would establish the California Guaranteed Health Care for All Act and create CalCare, a single -payer health insurance program for all California residents that is comprehensive, uniform, equitable and governed by the CalCare board.
8. AWARD OF CONTRACT FOR CATCH BASIN MAINTENANCE SERVICES The City of Bell Gardens maintains approximately 344 storm drain catch basins that have been retrofitted with screens in order to prevent trash and litter from flowing into the LA River and to comply with the State Regional Water Quality Control Board and their adopted Trash Total Maximum Daily Load. The Gateway Regional Integrated Regional Water Management Joint Power Authority issued the Request for Proposals on behalf of its member cities and based on the bids received, Ron's Maintenance Inc. is the lowest responsible qualified bidder. Therefore, it is recommended that the City approve a three year contract with Ron's Maintenance Inc. for the maintenance and cleaning of all storm drain catch basin units.
Recommendation:
It is staff's recommendation that the City Council by motion:
Adopt the attached Resolution approving a three year agreement with Ron's Maintenance Inc. (RMI) for the maintenance and cleaning of all storm drain catch basin units. The City may extend the effective termination date of the contract, thereafter, by mutual agreement of the parties for 2 one-year periods. 4 9. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION
REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF
THE CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.
DISCUSSION (Items No. 10-11)
10. RENT CONTROL UPDATE
Update on Rent Control Ad Hoc Committee Actions
Recommendation:
It is staff's recommendation that the City Council receive and file this update.
11. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES
City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list at this time.
Recommendation:
It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT
MATTER JURISDICTION OF THE CITY COUNCIL
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361 , and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the 5 Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app, when it is your turn to speak the host will unmute you. Live comments mayalso be made by call -in users on zoom bydialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.
CITY COUNCIL MEMBER COMMENTS
ADJOURNMENT
Posted by: Jane Halstead, CMC, City Clerk - January 20, 2022 C.
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item -
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY:
SUBJECT: SMALL BUSINESS GRANT PRESENTATION
DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 7 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 1.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: ZONING CODE AMENDMENT NO.2021-058 -ORDINANCE NO. 921 (FILE NO.2021-058)
DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation, based upon the recommendation of the Planning Commission, that the City Council:
1. Conduct the duly noticed public hearing;
2. Waive full reading, make any amendments to, and introduce Ordinance No. 921 (Exhibit 1) by title: Ordinance No 921 to amend Title 9 of the Bell Gardens Municipal Code (BGMC) Chapter 9.40, "Signs", Section 9.40.065 "Electronic Billboard Regulations and Standards".
3. Direct that the proposed Ordinance be placed on agenda for second reading at the February 14, 2022, City Council Meeting.
BACKGROUND/DISCUSSION:
On January 8, 2018, the City Council adopted Ordinance No. 886 to create an Electronic Billboard Overlay District to allow for the construction of two electronic billboards subject to the adopted controls and regulations. The Electronic Billboard Overlay District ("Overlay District") is located adjacent to the 710 Freeway within the C-4 (Heavy Commercial) and MPD (Manufacturing Planned Development) zones. In addition, Ordinance 886 amended the Bell Gardens Municipal Code (BGMC), Chapter 9.40 "Signs" by adding Section 9.40.065 "Electronic billboard regulations and standards" that established regulations governing the design and operation of electronic billboards and set standards for the application review and approval process.
An electronic billboard is a billboard that displays digital images that are changed by a computer every few seconds. Electronic billboards are primarily used for commercial advertising, but they can also be used for public service purposes. Billboard companies are increasingly constructing electronic billboards instead of non -electronic billboards due to the increased number of advertisers that can be accommodated at one time on a single electronic billboard. Electronic billboards offer the potential for a source of revenue and other public benefits to cities when construction and operation of billboards are permitted on publicly owned property. Cities are allowed to enter into agreements with billboard owners for financial compensation provided by billboard owners to cities in return for the right to construct a billboard on a public property.
Agreements can include terms for the voluntary removal by billboard owners of non -electronic �:3
billboards in other locations in exchange for the right to construct an electronic billboard within a designated suitable location adjacent to a freeway. In this case, the City was able to remove two older static billboards.
During the special Planning Commission meeting on Monday, December 6, 2021, staff presented Zoning Code Amendment No. 2021-058 and Ordinance No. 921 amending certain portions of the Zoning Code to allow flexibility for electronic billboards closer than 150 feet to a residential use as long as evidence of no light impacts are found. The Planning Commission then adopted Planning Commission Resolution No. 2021-11 (Exhibit 2), recommending to the City Council approval of Zoning Code Amendment 2021-058 and adoption of Ordinance No. 921.
ANALYSIS:
Zoning Code Amendment No. 2021-058 (Ordinance No. 921) proposes to amend the regulations under Section 9.40.065 by allowing flexibility for electronic billboards closer than 150 feet to a residential use as long as evidence of no light impacts are found. The amendment will provide the City Council with the opportunity to review and approve electronic billboards that are proposed within 150 feet of a residential zone or use.
Proposed changes to the code will be shown in an underlined/strikethrough format and proposed new text will be shown in a final black format. Staff has included below a summary of the proposed revisions under Zoning Code Amendment No. 2021-058 (Ordinance No. 921). These are as follows:
Chapter 9.40, "Signs", Section 9.40.065 "Electronic Billboard Regulations and Standards":
A. Item 11 of Part C (Physical Requirements) of Section 9.40.065 "Electronic Billboard Regulations and Standards," is amended and enacted as follows (underlining denotes additions; strikethrough denotes deletions):
11. Electronic billboards shall be placed at least 150 feet from any residential zone or residential use. The measurement shall be from the closest edge of the billboard to the elesest edge of t e nearest residential zone or elesesf boundary line of property 4ne on which a residential use is located. However, this distance requirement may be reduced or eliminated if the City Council makes the finding regarding light impacts set forth in Part F of this section.
B. Item c (Findings for Approval of an Agreement) of Subpart 2 (Review Process) of Part F (Application Requirements — Review Procedures) of Section 9.40.065 "Electronic Billboard Regulations and Standards," is amended and enacted to add the following finding (underlining denotes additions):
vii. It has been determined that artificial light and glare impacts of the proposed electronic billboard at less than 150 feet from a residential zone or residential use is not significantly greater than they would be at a distance of 150 feet, as demonstrated to the satisfaction of the City by a study of the particular site.
CONCLUSION:
Zoning Code Amendment No. 2021-058 (Ordinance No. 921) proposes to amend the BGMC to allow flexibility for electronic billboards closer than 150 feet to a residential use as long as
evidence of no light impacts are found.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Ordinance No. 921
Exhibit 2 — Planning Commission Resolution #PC 2021-11
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 10 ORDINANCE NO. 921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING BELL GARDENS MUNICIPAL
CODE TITLE 9 "ZONING AND PLANNING REGULATIONS," CHAPTER
9.40 "SIGNS," SECTION 9.40.065 "ELECTRONIC BILLBOARD
REGULATIONS AND STANDARDS," REGARDING BILLBOARD
DISTANCE REQUIREMENTS
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations; and
WHEREAS, the City's regulations for electronic billboards are set forth in Section
9.40.065 of the Bell Gardens Zoning Ordinance; and
WHEREAS, the City seeks to amend its sign regulations so that potential locations for electronic billboards are based on evidence of light impacts to protect public health, safety, and welfare, rather than a distance restriction that can hinder economic development; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on December 6, 2021, and reviewed all facts and evidence, both written and testimonial, pertaining to this Zoning Code Amendment; and
WHEREAS, pursuant to California Government Code Section 65856, the City Council conducted a duly noticed public hearing on this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:
The above recitals are true and correct and incorporated. ii. Ordinance No. 921 serves the public health, safety, and welfare of the residents and businesses within the City by regulating the orderly development of land within the City and the location and use of electronic display signs.
iii. Ordinance No. 921 is consistent with the City's General Plan.
Exhibit 1 11
Ordinance No. 921
iv. Ordinance No. 921, amending the City of Bell Gardens Municipal Code, will not present any risk to the public health and safety.
SECTION 2. Item 11 of Part C (Physical Requirements) of Section 9.40.065 "Electronic Billboard Regulations and Standards," is amended and enacted as follows (underlining denotes additions; strikethrough denotes deletions):
11. Electronic billboards shall be placed at least 150 feet from any residential zone or residential use. The measurement shall be from the closest edge of the billboard to the GIGSeSt edge of the nearest residential zone or desert boundary line of property 4pe on which a residential use is located. However, this distance requirement may be reduced or eliminated if the City Council makes the finding regarding light impacts set forth in Part F of this section.
SECTION 3. Item c (Findings for Approval of an Agreement) of Subpart 2 (Review Process) of Part F (Application Requirements — Review Procedures) of Section 9.40.065 "Electronic Billboard Regulations and Standards," is amended and enacted to add the following finding (underlining denotes additions):
vii. It has been determined that artificial light and glare impacts of the proposed electronic billboard at less than 150 feet from a residential zone or residential use is not significantly greater than they would be at a distance of 150 feet, as demonstrated to the satisfaction of the City by a study of the particular site
SECTION 4. Compliance with California Environmental Quality Act. The City Council finds that Ordinance No. 921 amending the Bell Gardens Zoning Code is exempt from the California Environmental Quality Act (CEQA) under the following provisions of the CEQA Guidelines: Section 15061(b)(3) because there is no possibility that it may have a significant effect upon the environment; and under Section 15378, this Ordinance is not a project under CEQA because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it does not authorize any specific activity.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
2of3
Exhibit 1 12
Ordinance No. 921
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED this 24t" day of January 2022.
APPROVED AS TO FORM:
Rick Olivarez
City Attorney
3of3
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
ATTEST:
Jane Halstead
City Clerk
Exhibit 1 13
RESOLUTION #PC 2021-11
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF BELL GARDENS RECOMMENDING
APPROVAL OF AMENDMENT TO THE BELL GARDENS
MUNICIPAL CODE TITLE 9, ZONING AND PLANNING
REGULATIONS, CHAPTER 9.40, "SIGNS," SECTION
9.40.065 "ELECTRONIC BILLBOARD REGULATIONS
AND STANDARDS"
(FILE NO. 2021-058)
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations; and
WHEREAS, the City's regulations for electronic billboards are set forth in Section
9.40.065 of the Bell Gardens Zoning Ordinance; and
WHEREAS, the City seeks to amend its sign regulations so that potential locations for electronic billboards are based on evidence of light impacts to protect public health, safety and welfare, rather than a distance restriction that can hinder economic development; and
WHEREAS, pursuant to California Government Code Section 65854, the Planning Commission duly noticed, agendized and conducted the public hearing on this matter on December 6, 2021, and adopted Planning Commission Resolution #2021-11 recommending to the City Council the approval of Zoning Code Amendment No. 2021- 058 (Ordinance No. 921),
WHEREAS, the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding the proposed Zoning Code Amendment No. 2021-058 (Ordinance No. 921); and
WHEREAS, after the close of such public hearing, the Planning Commission adopted Planning Commission Resolution #2021-11 recommending to the City Council the approval of Zoning Code Amendment No. 2021-058 (Ordinance No. 921).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BELL GARDENS HEREBY RESOLVES AND DETERMINES AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby incorporated by this reference as if set forth in full herein.
Exhibit 2 14
Resolution #PC 2021-11
SECTION 2. In recommending approval of Zoning Code Amendment No. 2021- 058 and adoption of Ordinance No. 921 the Planning Commission finds as follows:
The above recitals are true and correct and hereby incorporates them herein by this reference.
Ordinance No. 921 serves the public health, safety, and welfare of the residents and businesses within the city to regulate land use within the city.
iii. Ordinance No. 921 is consistent with the City of Bell Gardens General Plan.
iv. Ordinance No. 921 amending the City of Bell Gardens Municipal Code, will not present any risk to the public health and safety.
SECTION 3. The Planning Commission hereby adopts this Resolution recommending to the City Council the approval of Zoning Code Amendment No. 2021- 058 and adoption of Ordinance No. 921.
SECTION 4. Zoning Code Amendment No. 2021-058 recommending the City Council adoption of Ordinance No. 921, is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.
SECTION 5. The Planning Commission of the City of Bell Gardens hereby transmits and recommends to the City Council approval of Zoning Code Amendment 2021-058 and adoption of Ordinance No. 921 amending the Bell Gardens Municipal Code.
PASSED, APPROVED AND ADOPTED this®®6 -day of Q�pember 2021.
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TOW
RIVERA, CHAIRPERSON
ATTE
ST:
...
ERIKAWGUTIERREZ, PLANNING SECRETARY
APPROVED AS TO FORM:
Exhibit 2 15
Resolution #PC 2021-11
LIOYD PILCHEN
ASSISTANT CITY ATTORNEY
Exhibit 2 16
Exhibit 2 17
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 2.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE
ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
DATE: January 24, 2022
RECOMMENDATION:
It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
BACKGROUND/DISCUSSION:
In order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.
Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.
CONCLUSION:
Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.
FISCAL IMPACT:
No fiscal impact.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 18 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 3.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 12/16/21, 12/21 /21, 12/28/21, 12/30/21 and 01 /04/22.
BACKGROUND/DISCUSSION:
The attached warrant registers, wire transfers, and net payrolls are for 12/16/21, 12/21/21, 12/28/21, 12/30/21 and 01/04/22. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.
CONCLUSION:
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 12/16/21, 12/21 /21, 12/28/21, 12/30/21 and 01 /04/22 will be received and filed.
FISCAL IMPACT:
..........................................................................................................................................................................................................................................................................................................................................................................
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ATTACHMENTS:
Exhibit 1- Warrant Register
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19 APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 20 O)
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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 4.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: APPROVE MINUTES OF THE JANUARY 10, 2022 CITY COUNCIL
REGULAR MEETING
DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council approve the attached minutes.
BACKGROUND/DISCUSSION:
Every City Council Meeting, the City Clerk summarizes the actions and comments made by the City Council.
CONCLUSION:
If approved, the minutes of the January 10, 2022 Regular City Council Meeting will be archived in the City Clerk's Office.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - January 10, 2022 Minutes of the Regular City Council Meeting APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 40 CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING
MONDAY, JANUARY 10, 2022, 6:00 P.M.
MINUTES
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA / TELECONFERENCE
CALL TO ORDER
Pursuant to AB 361, The Council Members of the City of Bell Gardens City Council held a regular meeting of January 10, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding. Mayor Maria Pulido called the meeting to order at 6:02 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.
INVOCATION — was given by Pastor Leal
PLEDGE OF ALLEGIANCE — was led by Chief Fairfield
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member (Remote)
Alejandra Cortez, Council Member (Council Chamber)
Lisseth Flores, Council Member (Council Chamber)
Jorgel Chavez, Mayor Pro Tem (Council Chamber)
Maria Pulido, Mayor (Council Chamber)
Absent: None
SUCCESSOR AGENCY CLOSED SESSION REPORT
City Attorney/Legal Counsel Stephanie Vasquez reported out for the January 10, 2022 Successor Agency Close Session meeting at 6:05 p.m. Members of the Successor Agency met in closed session. An update was provided but no final action was taken.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
No comments
CITY MANAGER'S REPORT
City Manager Michael O'Kelly commented on the following items: COVID-19; continued services to the community; Christmas tree collection; City Hall closure in observation of Martin Luther King and wet weather driving.
Exhibit 1 41
Closed Session & Regular City Council Meeting
Minutes of January 10, 2022
Chief Fairfield provided a brief oral presentation on recent traffic accident during the rainy days and provide safety tips when driving in wet weather conditions.
CONSENT CALENDAR (Items No. 1-6)
A motion was made by Councilwoman Alejandra Cortez, seconded by Mayor Pro Tern Chavez to approve Items No. 1-6 on the Consent Calendar.
The motion carried 5-0 with the following vote.
AYES: Council Member Barcena, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE
ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
2. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving, or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 11 /18/21, 11 /23/21, 11 /30/21, 12/02/21, 12/07/21, 12/08/21 and 12/14/21.
Exhibit 1 42
Closed Session & Regular City Council Meeting
Minutes of January 10, 2022
3. OCTOBER 2021 TREASURER'S REPORT
The Treasurer's Report is a list of cash,
cash held by the City.
Recommendation:
It is recommended that the City Counci
2021 Treasurer's Report.
investment portfolio and restricted bond
receive, approve, and file the October
4. APPROVAL TO ENTER INTO A CONTRACT SERVICES WITH BLACK & WHITE EMERGENCY VEHICLES, INC.
The Police Department requests approval to enter into a contract with Black and White Emergency Vehicles, Inc. for the installation of emergency and electronics equipment for the two Ford Police Interceptor Utility vehicles that were approved by City Council on January 25, 2021.
Recommendation:
It is staff's recommendation that the City Council:
1. Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment for the two previously purchased Ford Police Interceptor Utility vehicles that were approved by City Council on January 25, 2021 (Resolution 2021-05);
2. Adopt a resolution authorizing the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.
5. CONSIDERATION TO ADOPT PART-TIME HOURLY PAY SCHEDULE Consideration to Adopt the Hourly Pay Schedule for Positions Designated as Temporary / Part -Time
Recommendation:
It is staff's recommendation that the City Council by motion, approve Resolution No. 2022-02 adopting the hourly pay schedule for positions designated as temporary / part-time.
6. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION
REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF THE
CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances Exhibit 1 43
Closed Session & Regular City Council Meeting
Minutes of January 10, 2022
regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.
DISCUSSION (Item No. 7)
7. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES
City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list at this time.
Recommendation:
It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
City Manager Michael O'Kelly introduced the item.
A motion was made by Mayor Pro Tern Chavez, seconded by Mayor Maria Pulido to table this item to the next meeting.
The motion carried 5-0 with the following vote.
AYES: Council Member Barcena, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) No comments
CITY COUNCIL MEMBER COMMENTS
Council Member Marco Barcena thanked Councilwoman Lisseth Flores for providing resources to the community on emergency housing assistance and for working with Exhibit 1 44
Closed Session & Regular City Council Meeting
Minutes of January 10, 2022
Supervisor Janice Hahn to provide housing for a Bell Gardens family. He also commented on eviction and housing resources.
Councilwoman Alejandra Cortez welcomed everyone back and wished everyone a happy new year. She commented on the local vaccination clinic and urged everyone to stay safe and wear a mask. She also stated the Recreations and Community Services Department provides assistance to resident through The Whole Child program for housing or rent.
Councilwoman Lisseth Flores commented on homelessness and thanked the office of Janice Hahn for finding housing for a mother and her children in less than 24 hours. She thanked the Bell Gardens Police Departments CSO and the Chief for assisting her on a recent toy giveaway that she hosted and expresses her gratitude for assisting with the toy giveaway. She also commented on National Law Enforcement Appreciation Day and thanked the police department for their service. She also commented on free COVID-19 testing in the community and rapid testing at Clara Park in the City of Cudahy. She wished everyone an amazing week and encouraged everyone including the students from Montebello Unified School District to stay safe. Councilwoman Lisseth Flores stated resources are available for housing through the County.
Recreation and Community Services Director Rozanne Adanto provided a brief oral report on the number of Covid-19 testing that has been done in the recent weeks.
City Manager Michael O'Kelly stated the Recreations and Community Services Department can provide resources and support through the Family Service Center for housing needs and resources and support on eviction is available through the Community Development Department.
Mayor Pro Tern Jorgel Chavez encouraged everyone to stay safe and to get vaccinated.
He commented on a recent event he attended in Coachella Valley through the Water Education for Latino Leaders (WELL) .He shared an experience he had when his visited some small mobile homes in Coachella Valley and commented on the residents water quality and struggles caused by their water.
Mayor Maria Pulido thanked everyone for attending the meeting. She commented on National Law Enforcement Appreciation Day and expressed her appreciation towards the police department
ADJOURNMENT — Mayor Maria Pulido adjourned the meeting at 6.31 p.m.
Jane Halstead
City Clerk
Exhibit 1 45
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 5.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: ADOPT RESOLUTION AUTHORIZING RESUBMISSION OF THE
CALHOME GRANT RESOLUTION FOR THE SECOND ALLOCATION OF
FUNDS
DATE: January 24, 2022
RECOMMENDATION:
It is Staff's recommendation that the City Council approve the attached Resolution authorizing the resubmission of the Resolution to HCD for funding under the CalHome 2020 Program; authorize the changes in this resolution to match the program's administrative changes for the second allocation of the CalHome Program; authorize the City Manager to execute a Standard Agreement with HCD to receive CalHome Program funding and any amendments thereto; and authorize the City Manager to execute and file any related documents necessary to accept the second allocation of CalHome 2020 Program funding.
BACKGROUND/DISCUSSION:
The CalHome Program is authorized by Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the State Health and Safety Code. Additionally, Proposition 1 C, the Housing and Emergency Shelter Trust Funds Act of 2006, provides CalHome 2020 Programs funding.
California jurisdictions and non-profit organizations are eligible to apply for CalHome Program funds to provide mortgage assistance for low or very low-income first-time homebuyers and owner -occupied housing rehabilitation for low or very -low-income homeowners (0 to 80% of Median Family Income). The CalHome application is a competitive application process rated and ranked by HCD to determine the grant recipients.
The City was awarded a second allocation of funds in the amount of $4.55 million dollars in 2021.
These funds will provide low interest (up to 3%) deferred payment loans to seniors, persons with a disability, and low and moderate -income families who own and occupy their homes and need financial assistance to make repairs and improvements.
Due to a request from HCD to amend the City's resolution to match the program's administrative changes for the second allocation, resubmission of a resolution is being required for the second allocation of the CalHome Program. This is a time -sensitive item that requires City Council action to allow for timely resubmission of the resolution to HCD. To receive these CalHome funds, the City Council must approve the resubmission of the Resolution for the second allocation round for the CalHome funds. The changes are due in part to additional administrative verbiage that needs to be included in the Resolution to match the State mandates required language.
Upon receiving the revised resolution, the state will provide a new standard agreement for the 46 second allocation of the CalHome funds totaling $4.55 million ($4,556,250).
CURRENT CALHOME PROGRAM UPDATE:
In preparation to launch the City's current CalHome Program, a series of informational collateral materials have been prepared to best appeal to potential applicants. The current CalHome program includes loan funding to support first-time home buyers and owner -occupied home rehabilitation. The list of documents prepared to date include first-time homebuyer materials program with application, curriculum development, promotional flyer, internal checklist, applicant certificate of completion, website landing page, marketing video, infographics for flyers and curriculum, legal document (Deed of trust, Truth in Lending, Promissory Note), and marketing videos.
For the owner -occupied CalHome loan program, the list of documents includes the applicant application, promotional flyer, website landing page, video, and webinar presentation.
CONCLUSION:
Upon receiving the revised resolution, the City of Bell Gardens will receive the Standard Agreement for the second allocation of $4.55 million in funds to improve residential properties and promote residents' home -ownership opportunities.
FISCAL IMPACT:
No matching is required. The City may receive up to $5 million in grant funding. Up to 5% of grant funds may be allocated to the administration of this grant.
ATTACHMENTS:
Exhibit 1 - Resolution No 2022-04
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 47 RESOLUTION NO. 2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO
THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME
PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF
SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO;
AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN
THE CALHOME PROGRAM
WHEREAS, the City of Bell Gardens, a political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the CalHome Program; and
WHEREAS, the California Department of Housing and Community Development hereinafter referred to as "HCD" has issued a Notice of Funding Availability ("NOFA ") on August 31, 2020, for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the " statute'); and WHEREAS, pursuant to the statute, and subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program; and
WHEREAS, the City of Bell Gardens wishes to resubmit an application for a second -round allocation of CalHome Program funds in the amount of up to Five Million Dollars ($5,000,000); and
WHEREAS, this resolution is being adopted to supplement the terms of Resolution No. 2020-90.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated into the body of this Resolution by this reference.
SECTION 2. The City of Bell Gardens shall resubmit to HCD an application to participate in the CalHome Program in response to the NOFA issued on August 31, 2020, which will request a second funding allocation of up to $5,000,000 for the following programs: First -Time Homebuyer Mortgage Assistance Programs and an Owner - Occupied Rehabilitation Loan Program, all located in Bell Gardens.
Exhibit 1 48
Resolution No. 2021-04
SECTION 3. If the application for funding is approved, the City of Bell Gardens hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. It also may execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.
SECTION 4. The City of Bell Gardens resolve that the application is incorporated into the Standard Agreement and any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement.
SECTION 5. The City of Bell Gardens authorizes the new changes in this resolution to match the program's administrative changes, authorizes the City Manager, or a designee authorized by the City Manager, to execute in the name of the City of Bell Gardens, the application, the Standard Agreement and any subsequent amendments or modifications thereto, and any other documents required by HCD for participation in the CalHome Program, and any amendments thereto.
SECTION 6. This resolution is being adopted to supplement the terms of Resolution No. 2020-90. If a conflict shall arise between this resolution and Resolution No. 2020-90, this one shall supersede and apply.
SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 24t" day of January, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez
City Attorney
2of3
Jane Halstead
City Clerk
Exhibit 1 49
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 6.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Senior Management Analyst
SUBJECT: RESOLUTION OPPOSING TO LEGALIZE SPORTS BETTING ON
AMERICAN INDIAN LANDS INITIATIVE RELATED TO SPORTS BETTING
AT AMERICAN INDIAN GAMING CASINOS AND LICENSED
RACETRACKS IN CALIFORNIA
DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council consider adopting the attached Resolution affirming the City's opposition to "Legalize Sports Betting on American Indian Lands Initiative" related to sports betting at American Indian gaming casinos and licensed racetracks in California.
BACKGROUND/DISCUSSION:
In 2019, California Senator Bill Dodd introduced SCA 6 which proposed to establish the California Sports Wagering and Consumer Protection Act. The Act would have authorized sports betting, including online or mobile sports betting, for horse race tracks and federally recognized "American Indian" tribes. The bill would also incorporate the authority of a licensed gambling establishment to offer games with cards or tiles in which participants wager against each other.
The bill was shelved in June 2020 due to opposition by a coalition of 25 Native American tribes that argued that the legislation would allow competing card clubs to continue offering card games the tribes claim violate their exclusive compacts with the state.
A new initiative has been proposed and now qualified for the ballot in California as a combined initiated constitutional amendment and state stature on November 8, 2022. The California Legalize Sports Betting and American Indian Lands Initiative would legalize sports betting at American Indian gaming casinos and licensed racetracks in California as well as legalize roulette and dice games, such as craps, at tribal casinos. The proposed measure would legalize sports betting in California and distribute 85 percent of the tax revenue to a homelessness prevention and mental health support fund. However, Section 19 of Article IV of the State's Constitution must also be amended to allow the same.
The California Gaming Association (CGA), a trade association of licensed cardrooms and vendors oppose the measure because it contains language that would primarily benefit Native American Casinos and subject other California card clubs to increased state regulations. The overall intent of the measure is to expand the Native American Casinos' domination over the gaming industry, adding exclusivity over Vegas -style roulette and dice games to their existing monopoly on slot machines. In addition, under this measure, sports wagering would only be allowed in person at tribal gaming casinos and state -licensed racetracks, thus prevent online or 50 mobile gaming in other California card clubs.
The City of Bell Gardens joins the Bicycle Hotel & Casino, Commerce Casino, Hawaiian Gardens Casino and others in their opposition to the California Legalize Sports Betting and American Indian Lands Initiative, along with the California Cities for Self -Reliance Joint Powers Authority (J PA) also known as the Gaming Cities J PA and its member cities as it negatively affects cardrooms in communities that greatly depend on them.
CONCLUSION:
The initiative seeks to outlaw lawfully -approved California -style games at California cardrooms such as The Bicycle Hotel & Casino. Further, proceeds from these activities would in part fund enforcement mechanisms against California cardrooms such as The Bicycle Hotel & Casino. The initiative negatively affects cardrooms in communities that greatly depend on them.
FISCAL IMPACT:
None.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-05
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 51 RESOLUTION NO. 2022-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, REAFFIRMING THE CITY'S OPPOSITION TO
THE INDIAN LANDS INITIATIVE RELATED TO SPORTS BETTING AT
AMERICAN INDIAN GAMING CASINOS AND LICENSED RACETRACKS
IN CALIFORNIA
WHEREAS, in 2019, California Senator Bill Dodd introduced SCA 6 which proposed to establish the California Sports Wagering and Consumer Protection Act. The Act would have authorized sports betting, including online or mobile sports betting, for horse race tracks and federally recognized "American Indian" tribes; WHEREAS, the bill was shelved in June 2020 due to opposition by a coalition of 25 Native American tribes that argued that the legislation would allow competing card clubs to continue offering card games the tribes claim violate their exclusive compacts with the state;
WHEREAS, a new initiative has been proposed and now qualified for the ballot in California as a combined initiated constitutional amendment and state stature on November 8, 2022;
WHEREAS, the California Legalize Sports Betting and American Indian Lands Initiative would legalize sports betting at American Indian gaming casinos and licensed racetracks in California as well as legalize roulette and dice games, such as craps, at tribal casinos. However, Section 19 of Article IV of the State's Constitution must also be amended before these games can be offered;
WHEREAS, the proposed initiative would authorize "American Indian" casinos and licensed racetracks the exclusive rights for sports wagering as well as Vegas -style roulette, and dice games. At the same time, the initiative seeks to outlaw lawfully - approved California -style games at our California cardrooms such as The Bicycle Hotel & Casino;
WHEREAS, the California Gaming Association (CGA), a trade association of licensed cardrooms and vendors oppose the measure because it contains language that would primarily benefit Native American Casinos and subject other California card clubs to increased state regulations;
WHEREAS, the overall intent of the measure is to expand the Native American Casinos' domination over the gaming industry, adding exclusivity over Vegas -style roulette and dice games to their existing monopoly on slot machines. In addition, under this measure, sports wagering would only be allowed in person at tribal gaming casinos and state -licensed racetracks, thus prevent online or mobile gaming in other California card clubs; and
Exhibit 1 52
Resolution No. 2022-05
WHEREAS, the City of Bell Gardens would join the Bicycle Hotel & Casino, Commerce Casino, Hawaiian Gardens Casino and others in their opposition to the California Legalize Sports Betting and American Indian Lands initiative, along with the California Cities for Self -Reliance Joint Powers Authority (JPA) also known as the Gaming Cities JPA and its member cities as it negatively affects cardrooms in communities that greatly depend on them.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. All of the recitals above are true and correct and are incorporated herein as if set forth in full.
SECTION 2. That the City Council affirms the City's opposition to the California Legalize Sports Betting and American Indian Lands initiative.
SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 24t" day of January, 2022.
APPROVED AS TO FORM:
Rick Olivarez
City Attorney
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
ATTEST:
Jane Halstead
City Clerk
2of3
Exhibit 1 53
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 7.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Senior Management Analyst
SUBJECT: RESOLUTION IN SUPPORT FORAB 1400: CALIFORNIA GUARANTEED
HEALTH CARE FOR ALL
DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council adopt a resolution in support of Assembly Bill 1400, which would establish the California Guaranteed Health Care for All Act and create CalCare, a single -payer health insurance program for all California residents that is comprehensive, uniform, equitable and governed by the CalCare board.
BACKGROUND/DISCUSSION:
AB 1400, introduced by Assemblymembers Ash Kalra, Alex Lee, and Miguel Santiago would do the following:
1. Establish a comprehensive universal single -payer health care coverage system for all California residents without discrimination, ensuring that affordable access to health care is a human right.
2. Establish a CalCare board of nine members that would have jurisdiction over enrollment policies, negotiate pricing, secure and allocate funding, and oversee all federal waivers.
3. Establish the CalCare Trust Fund in the State Treasury to provide a continuous and prudent source of funding for this program.
While the federal Patient Protection and Affordable Care Act has done much to ameliorate the crisis of insufficient healthcare coverage in California, many residents are still left without adequate means to access necessary medical resources. AB 1400 seeks to address this issue by implementing a universal single -payer health care coverage system. Specifically, this bill calls for government oversight that would establish a cost control system, offer a wide range of medical benefits equal to or of greater quality than existing state and private provision, establish working relationships accessibility for disabled persons and underrepresented groups to reach the ultimate goal of eliminating health care disparities in the state of California.
In terms of eligibility and enrollment, every resident of the state of California would not only be eligible but entitled to CalCare membership, without any fees. Additionally, to address the continuously increasing population of out-of-state university students in the state, CalCare would allow higher education institutions to purchase coverage for nonresident students. CalCare also addresses high -cost prescription drugs and includes dietary and nutrition therapies, in addition to coverage for long-term services currently denied under many plans.
The state of California has a diverse population that requires a flexible health care coverage 54 program to meet a range of needs. This legislation is a step in that direction, providing culturally - competent services through accommodations such as language interpretation, translation, and more integrated services for disabled Californians.
CONCLUSION:
The COVID-19 pandemic has only amplified the imperative for a more comprehensive, accessible, and transparent health care coverage system. CalCare would establish the CalCare Trust Fund in the State treasury, which would maintain an appropriate reserve of funding for responding to health emergencies such as epidemics, pandemics, or natural disasters.
FISCAL IMPACT:
None.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-06
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 55 RESOLUTION NO. 2022-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, IN SUPPORT OF ASSEMBLY BILL 1400
(KALRA, LEE, AND SANTIAGO), THE CALIFORNIA GUARANTEED
HEALTH CARE FOR ALL (CALCARE) ACT TO ESTABLISH A
COMPREHENSIVE UNIVERSAL SINGLE PAYER HEALTH CARE
PROGRAM FOR THE BENEFIT OF ALL RESIDENTS OF THE STATE
WHEREAS, every Californian should have a right to health care; WHEREAS, while the federal Patient Protection and Affordable Care Act (PPACA) brought many improvements in health care and health care coverage, it still leaves many Californians without coverage or with inadequate coverage; WHEREAS, Californians, as individuals, employers, and taxpayers have experienced a rise in the cost of healthcare and health care coverage in recent years, including rising premiums, deductibles, and copays, as well as restricted provider networks and high out -of -network charges;
WHEREAS, businesses have also experienced increases in the costs of health care benefits for their employees, and many employers are shifting a larger share of the cost of coverage to their employees or dropping coverage entirely; WHEREAS, Assembly Bill 1400 (AB 1400) would state the intent of the Legislature to enact legislation that would create a "comprehensive universal single -payer health care coverage program and a health care cost control system" for the benefit of all Californian residents;
WHEREAS, AB 1400 would consistently cover all Californians, because coverage is based on residency, not a person's changing income or employment status; WHEREAS, AB 1400 would eliminate out of control co -pays and high deductibles, and reduce costs by cutting out insurance company waste and duplication; WHEREAS, AB 1400 would give consumers the freedom to choose their doctor, and would manage prescription drug costs;
WHEREAS, AB 1400 is sponsored by the California Nurses Association; and WHEREAS, CalCare would establish the CalCare Trust Fund in the State treasury for creating cost controls and maintaining a reserve of funding for responding to health emergencies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
Exhibit 1 56
Resolution No. 2022-06
SECTION 1. All of the recitals above are true and correct and are incorporated herein as if set forth in full.
SECTION 2. That the City Council affirms the City's support of AB 1400, the CalCare Act.
SECTION 3. That copies of this resolution be sent to Assemblymember Cristina Garcia, Senator Lena Gonzalez, and Governor Gavin Newsom.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 24t" day of January, 2022.
APPROVED AS TO FORM:
Rick Olivarez
City Attorney
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
ATTEST:
Jane Halstead
City Clerk
2 of 2
Exhibit 1 57
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 8.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: AWARD OF CONTRACT FOR CATCH BASIN MAINTENANCE SERVICES DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
Adopt the attached Resolution approving a three year agreement with Ron's Maintenance Inc. (RMI) for the maintenance and cleaning of all storm drain catch basin units. The City may extend the effective termination date of the contract, thereafter, by mutual agreement of the parties for 2 one-year periods.
BACKGROUND/DISCUSSION:
In 2002, the State Regional Water Quality Control Board (Regional Board) adopted the Los Angeles River (LA River) Trash Total Maximum Daily Load (TMDL) which is the requirement that all storm drain catch basins that ultimately drain into the LA River must be retrofitted with screens in order to prevent trash and litter from flowing into the LA River. The Regional Board required that these screens be installed on the corresponding storm water catch basins by 2016. As a result of this TMDL requirement, the City retrofitted the majority of its storm water catch basins located within the LA River watershed with trash screens. Those that were not retrofitted was due to it being infeasible due to shallowness of the catch basin, etc.
The Trash TMDL requires that each catch basin be cleaned and inspected a minimum of four times each year. Additionally, subsequent cleanings are required after each major storm event exceeding 1-inch of rainfall within a 24 hour period.
The City of Bell Gardens maintains approximately 344 storm drain catch basins within its boundaries. The City's existing contract with Ron's Maintenance, Inc. for catch basin cleaning services expired December 31, 2021.
Competitive Solicitation by Gateway Authority
On September 14, 2020, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (Gateway Authority) issued a Request for Proposals (RFP) process for Municipal Storm Sewer Catch Basin Cleaning on behalf of its member cities. As a member agency, the City of Bell Gardens may utilize this competitive solicitation process to select a Contractor to perform catch basin cleaning services.
The scope of work listed in the RFP included the catch basin inspection and cleaning/clearing of 58 all debris, for all catch basins maintained by the City for a minimum of one time between May 1 and September 30 of each year. In addition, the contractor shall perform one inspection of all catch basins within the City during the months of October, January, and April (wet season).
Inspections shall be performed at least monthly, but may be required more often if catch basins are not providing drainage at design capacity due to debris accumulation. During these subsequent inspections, the contractor shall immediately clean any catch basins found to have a blocked or clogged inlet or be at least twenty-five percent (25%) full of trash and debris.
A total of three (3) proposals were received by Gateway staff, and were deemed responsive to GWMA's requirements. Proposals were submitted by Nationwide Environmental Services (NES), Ron's Maintenance (RMI), and United Stormwater (United). Below is a breakdown of the three proposal costs:
Ron's Maintenance United Storm Water Nationwide
Inc. Inc. Environmental
ARS Catch Basins $25.00
$27.00
$38.50
CPS Catch Basins $25.00
$27.00
$38.50
ARS & CPS Catch
$25.00
$27.00
$38.50
Basins
Non -retrofitted Catch
$25.00
$27.00
$38.50
Basins
Based on the bids received, RMI is the lowest responsible qualified bidder. RMI has been the City's current contractor for this service and performing satisfactory work for the last 5 years.
Therefore, staff is recommending an award of contract to RMI to perform these services for the next three year term with the option to extend for two additional one-year periods.
CONCLUSION:
Entering into an agreement with Ron's Maintenance Inc. for the maintenance and cleaning of all storm drain catch basin units ensures that the City complies with the State Regional Water Quality Control Board requirements.
FISCAL IMPACT:
Annual cleaning of the storm drain catch basin units is estimated to cost $34,400 a year. There are funds available in the FY 21 /22 Public Works budget, Commercial Waste Hauler Funds (250).
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-07
Exhibit 2 -Agreement with Exhibits
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney 59 Manuel Carrillo, Director of Finance and Administrative Services We
RESOLUTION NO. 2022-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS APPROVING AND AUTHORIZING A CONTRACT SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
RON'S MAINTENANCE SERVICES TO PROVIDE MAINTENANCE AND
CLEANING OF ALL STORM DRAIN CATCH BASIN UNITS
WHEREAS, the City of Bell Gardens ("City") requires maintenance and cleaning of all storm drain catch basin units; and
WHEREAS, City is a member of the Gateway Water Management Authority ("GWMA"); and
WHEREAS, GWMA issued a Request for Proposals on behalf of its member cities for storm sewer catch basin cleaning; and
WHEREAS, City staff has determined that Ron's Maintenance, Inc. possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the City and Ron's Maintenance, Inc. desire to enter into a Contract Services Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council approves the Contract Services Agreement and authorizes and directs the City Manager to execute the Contract Services Agreement attached hereto as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Contract Services Agreement, including any amendments, extensions, and other documents consistent with the Contract Services Agreement and this Resolution.
Exhibit 1 61
Resolution No. 2021-07
SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 24t" day of January, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez
City Attorney
2 of 2
Jane Halstead
City Clerk
Exhibit 1 62
2022
CONTRACT SERVICES AGREEMENT
(Contractor: Ron's Maintenance, Inc.)
(Nature of Engagement: Storm Sewer Catch Basin Cleaning) THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2022 by and between the
CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and RON'S MAINTENANCE, INC. (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires storm sewer catch basin cleaning; and WHEREAS, City is a member of the Gateway Water Management Authority ("GWMA"); and
WHEREAS, GWMA issued a Request for Proposals on behalf of its member cities for storm sewer catch basin cleaning; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
Section 1. Scope of Work.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY storm sewer catch basin cleaning. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the GWMA "Request for Proposals Process for Municipal Storm Sewer Catch Basin Cleaning" (hereinafter the "AGENCY RFP") dated September 14, 2020 and the written proposal of CONTRACTOR entitled "Request for Proposal for Municipal Storm Sewer Catch Basin Cleaning" (hereinafter, the "CONTRACTOR PROPOSAL") dated July 31, 2020. The AGENCY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the AGENCY RFP and the CONTRACTOR PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled AGENCY RFP and the provisions of the Exhibit 2 6�3
document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled AGENCY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.
Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.
Section 2. Term.
A. This Agreement shall have a term of three (3) years (hereinafter, the "Term"). The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) additional one-year extension terms, provided the City Manager or City Representative issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause.
C. CONTRACTOR shall perform the Work continuously and with due diligence.
CONTRACTOR shall cooperate with CITY and in no manner interfere with the Exhibit 2 624
Work of CITY, its employees or other consultants, contractors or agents.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR's employees.
F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
G. CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 3. Prosecution of Work.
A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as -needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include the following information-
1 . A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not -to -exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.
Exhibit 2 A
Section 4. Compensation.
A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in CONTRACTOR's January 6, 2022 quote (hereinafter "CONTRACTOR QUOTE"), which is attached and incorporated hereto as Exhibit "C".
B. CONTRACTOR's total compensation during the Term of this Agreement shall not exceed the annual sum of THIRTY-FOUR THOUSAND FOUR HUNDRED DOLLARS ($34,400) (hereinafter, the "Annual Not -to -Exceed Sum").
CONTRACTOR further agrees that the Annual Not -to -Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.
The Annual Not -to -Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTOR's monthly compensation is a function of hours worked by CONTRACTOR's personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
C. The Annual Not -to -Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACT will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTOR's compensation includes hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
Exhibit 2 6%
Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:
A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field;
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or County of jurisdiction.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors Exhibit 2 6
or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
Section 6. Representatives.
A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Grissel Chavez, Director of Public Works (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. Contractor Representative. For the purposes of this Agreement, Ron Norman, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (hereinafter, the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor's Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
Section 7. Contractor's Personnel
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.
B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law Exhibit 2 6%
and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the Term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
E. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
F. CONTRACTOR shall obtain and maintain during the Agreement Term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.
In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.
Section 9. [Reserved — No Text]
Section 10. Prevailing Wages and General Labor Compliance and Reporting.
A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed Exhibit 2 d9
in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Exhibit 2 A
Labor Code Section 1776 and other applicable provisions of State law.
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.
G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Agreement. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' 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." A subcontractor is not allowed to commence the Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, Exhibit 2 791
the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.
Section 11. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicitor secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the Term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 12. Independent Contractor.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer -employee relationship or a joint venture.
B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
Exhibit 2 19
D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.
Section 13. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement.
Section 14. Non -Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.
Section. 15. Indemnification.
Exhibit 2 11
Exhibit 2
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. 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 or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence orwillful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by 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 out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
B. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the i�
performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
Section 16. Insurance.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.
2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Worker's Compensation insurance as required by the State of California.
B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in Exhibit 2 ig
the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.
E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
F. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.
All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
Exhibit 2 A
L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as full performance of CONTRACTOR's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Section 17. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
Section 18. Termination.
A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.
CONTRACTOR may only terminate this Agreement for cause.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under Exhibit 2 19
this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. CONTRACTOR shall cure the following Event of Default within the following time periods:
Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "B" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default Exhibit 2 1
cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses Exhibit 2 16
that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 19. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section.
Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY:
City of Bell Gardens
7100 S. Garfield Ave.
Bell Gardens, California 90201
Attn: Grissel Chavez, Director of Public
Works
With a courtesy copy to:
If to CONTRACTOR:
Ron's Maintenance, Inc.
P.O. Box 4562
Downey, CA 90241
Attn: Ron Norman
Phone: 213-359-3827
Exhibit 2 98
Rick Olivarez,
Olivarez Madruga Lemieux O'Neill, LLP
500 S. Grand Ave., Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
Section 21. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 22. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 23. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 25. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
Exhibit 2 9?
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2 99
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY OF BELL GARDENS, a
municipal corporation
Michael B. O'Kelly
City Manager
Date:
APPROVED AS TO FORM:
By:
Rick Olivarez
City Attorney
Date:
RON'S MAINTENANCE, INC.
Name:
Title:
Date:
Exhibit 2 91
EXHIBIT "A"
AGENCY RFP
Exhibit 2 9�
fGATEWAY WATER MANAGEMENT AUTHORITY
REQUEST FOR PROPOSALS FOR
MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RF P 2020-01)
Release Date: 06/15/2020
Questions Due to GWMA: 07/10/2020
Proposal Due Date: 07/31/2020
Public notice is hereby given that The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("Gateway Water Management Authority" or "GWMA") invites proposals for the above -stated project and will receive such proposals electronically only up to the hour of 4:00 pm, Pacific Standard Time (PST) on Friday, July 31, 2020.
The description of work to be done is attached to this RFP.
This is a catch basin cleaning proposal which does not require a specific Contractor's License or prevailing wage payments as determined by the Department of Industrial Relation (DIR) because the catch basin cleaning is being performed purely for environmental reasons and to satisfy waste discharge requirements imposed by the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board (See DIR opinion PW 2005-014 (Sediment Removal from Storm Drains — California Department of Transportation)). No maintenance work as provided in California Labor Code Section 1771 nor any other work requiring the payment of prevailing wages shall be performed under the contract or contracts entered into pursuant to this solicitation.
The GWMA is soliciting bids on behalf of its member municipalities, but will not enter into a contract with any Company. Please note this is not a low bid solicitation and each individual municipality may decide to enter into a contract with one or more of the Companies and can negotiate prices with any Company or chose another Company altogether.
Proposals must be prepared in conformance with the Instructions to Proposers.
The GWMA reserves the rights to reject any or all proposals for any reason or no reason, to waive any irregularity in any proposals, and to take all proposals under advisement for a period of 30 days.
,I I 2020 0j
Exhibit 2 85
ZI g Ea 0 I
fGATEWAY WATER MANAGEMENT AUTHORITY
REQUEST FOR PROPOSALS FOR
MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RF P 2020-01)
DESCRIPTION OF WORK TO BE DONE
The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("Gateway Water Management Authority" or "GWMA") is a coalition of 30 public agencies responsible for the regional water planning needs of two million people in the Gateway Region of Southeast Los Angeles County.
In 2009, the Gateway Water Management Authority was awarded a $10,000,000 stimulus grant through the American Reinvestment and Recovery Act (ARRA) to retrofit over 10,000 catch basins in 16 cities tributary to the Los Angeles River to meet Trash Total Maximum Daily Load (TMDL) targets.
The Gateway Water Management Authority is seeking proposals for cleaning of catch basins within the entire Gateway Region (Los Angeles River and San Gabriel River tributaries). The Gateway Region is comprised of the following municipalities: the cities of Artesia, Avalon, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Habra Heights, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, and Whittier (the "Contracting Agencies"). All, some, or none of the municipalities within the Gateway Region may accept a proposer's pricing and terms. Individual municipalities may also negotiate terms with any proposer. The maximum total number of catch basins, if all municipalities enter into contracts , is estimated at between 14,000 and 18,000. The Gateway Water Management Authority will not enter into a contract for this work.
Each proposer whose proposal is accepted will be required to clean catch basins with connector pipe screens (CPS) and/or automatic retractable screens (ARS) and unmodified catch basins in accordance with the agreements entered into with the individual Contracting Agencies. Each Contracting Agency has a varying number of catch basins; therefore, proposals shall be made on a per catch basin basis and will remain in effect for 3 years from the date of acceptance.
Contract Work (the cleaning of catch basins owned by the Contracting Agencies):
Each successful proposer ("Company") shall inspect at regular intervals and clear all debris in catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract a minimum of one time between May 1 and September 30 of each year. In addition, the Company shall perform one inspection of all catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract during the months of October, January, and April. The Los Angeles MS4 Permit requires trash capture inserts be cleaned at regular intervals to maintain efficiency. The Company is not being contracted to, and shall not perform repair, maintenance or other work, that would require a Contractor's License or the payment of prevailing wages.
The Company shall report to the appropriate Contracting Agency any damaged catch basin screens and missing stenciling requirements. The Company shall report evidence of rodents and/or vectors breeding/living in the storm drain system to the appropriate Contracting Agencies within twenty-four (24) hours of discovery.
Exhibit 2 86
fGATEWAY WATER MANAGEMENT AUTHORITY
The Company shall be responsible for developing and implementing traffic control procedures in accordance with California Manual on Uniform Traffic Control Devices (latest addition). The Contracting Agency may request written copies of Traffic Control Plans for collector or arterial streets, if necessary.
The Company shall take no less than five (5) photos documenting the before and after conditions of all debris cleaning, from the same vantage points, of each condition. All photos shall be at least 4 megapixel (MP) in quality, in jpeg (.jpg) format, labeled such that it is easy to identify each catch basin location, and submitted with the invoice to the appropriate Contracting Agency.
Proposed pricing shall be submitted for each type of catch basin and shall include costs to clean each type for a twelve-month period including inspections and debris removal, as specified. The appropriate Contracting Agency will pay the Company for each of the required inspections and cleanings based on the Company's proposal or such other terms to which the Contracting Agency Company shall otherwise agree. Requests for payment shall be submitted to the appropriate Contracting Agency upon completion of each of the four required inspections and cleanings. The Contracting Agency may request additional cleanings based on the Company proposal.
The following tables are an approximate total of catch basins that the municipalities own and are responsible for. If the Contracting Agencies sign contracts based on this proposal, the awarding Companies are advised to work with the appropriate Contracting Agencies to arrive at an accurate and complete list of catch basins within the appropriate Contracting Agencies.
Catch Basins within San Gabriel River Watershed
city
No. of Catch Basins
Artesia
0 Bellflower
125
Cerritos
344
Hawaiian Gardens
49 La Habra Heights
27 La Mirada
221
Lakewood
90 Long Beach
3 Norwalk
55 Paramount
58 Pico Rivera
83 Santa Fe Springs
312
Signal Hill
12 Whittier
59 Total
1488
,I I 2020 0j
Exhibit 2 87
ZI g c^ 0
fGATEWAY WATER MANAGEMENT AUTHORITY
Catch Basins within Los Angeles River Watershed
Agency
No. of
AIRS CB
No. of
CPS CB
No. of
Unmodified CB
Long Beach
1130
2691
750
Vernon
13 848
46 Compton
854
1145
99 Commerce
320
545
115
South Gate
499
682
59 Montebello
881
919
135
Bell Gardens
154
248
25 Downey
76 395
43 Huntington Park
284
442
37 Lynwood
359
579
14 Paramount
229
320
0 Bell
137
238
0 Maywood
116
151
0 Signal Hill
114
139
0 Cudahy
105
130
0 Pico Rivera
47 56
0 Lakewood
2 2
4 Total =1
5320
9530
1327
,I p 2020 0j
Exhibit 2 88
)ZIgE:^ 0
fGATEWAY WATER MANAGEMENT AUTHORITY
REQUEST FOR PROPOSALS FOR
MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RF P 2020-01)
INSTRUCTIONS TO PROPOSERS
Cover Letter (to be attached to the front of the Proposal Packet):
• Proposal Letters shall be addressed as follows:
Gateway Water Management Authority
Attn: Ms. Traci Gleason
16401 Paramount Blvd.
Paramount, CA 90723
• Introduce your company and summarize your proposal in the cover letter. Include the name, email and telephone number of the person who will be the point of contact and is completely familiar with the proposal.
• The proposal cover letter shall be signed by an official authorized to bind the proposer (Company) contractually.
Proposer (Company) Information
• Owner's full name and address and year company was founded. • Names of subsidiaries or parent company, if applicable. • Names of company owners and senior management team.
Understanding of Need
• Demonstrate the firm's understanding of the Description of Work as well as your general approach.
Company and Team Experience
• Company must have a minimum of three (3) years of experience of catch basin cleaning service. A proposer's failure to provide proof of meeting the minimum qualifications shall result in an immediate rejection of the proposal.
• List references for at least 3 different catch basin cleaning projects. • Provide resumes of proposed individuals that shall participate in providing services, including their title and years of experience.
Note:
Contractor's License and Prevailing Wage Determination are not required for this Cleaning Catch Basin Contract as described in the Request for Proposals.
Catch Basin Proposal Form
• The proposal must contain an executed copy of the attached Catch Basin Proposal Form. (see page 8)
• The form shall contain the proposed prices for each type of catch basin. ,I I 2020 0.1. -' ZI g c^ 0 III
Exhibit 2 89
GATEWAY WATER MANAGEMENT AUTHORITY
1 G4d71 F'ararmount Boulevard - Paramount, California 90723 Specifications and Examination of Sites and Work:
The Standard Specifications of the Greenbook are incorporated into this request for proposals.
All temporary traffic control for construction and work zones shall conform to the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) or Work Area Traffic Control Handbook (WATCH Manual).
The following sentences are added to the end of Subsection 2-5.1, "General," of the Standard Specifications of the Greenbook:
"Each proposer (Company) must become fully informed of the conditions relating to the work and the employment of labor thereon. Failure to do so will not relieve the Company of the obligation to furnish all material and labor necessary to carry out the provisions hereof." Examination of Documents
By submitting a proposal, the proposer represents that it has thoroughly examined and become familiar with the work required under this request for proposals, and that it is capable of performing quality work within the established schedule to achieve the objectives of the Contracting Agencies and the Gateway Water Management Authority as specified in this request for proposals. All proposers are required to comply with all of the provisions of this request for proposals. By submitting a bid, each proposer agrees to perform the required work at not more than the price quoted.
_ URT-To
If the Gateway Water Management Authority's Executive Officer, in the Executive Officer's sole discretion, believes there is a need for clarification, the Executive Officer will issue an Addendum to all prospective proposers. The Gateway Water Management Authority shall make any changes to the requirements of this request for proposals by written addenda only.
Changes to the proposal will be posted on the Gateway Water Management Authority's website (www. gatewaywater. org ).
Request for Information or Clarification
Should a proposer have questions about this request for proposals or require clarifications, the proposer shall notify the Gateway Water Management Authority via email ONLY. NO PHONE CALLS WILL BE ACCEPTED.
All questions or requests for clarifications shall be e-mailed to Traci Gleason at:
[email protected]
with the email subject line: "MSS Catch Basin Cleaning RFP 2020-01 - Written Questions." All questions or requests for clarifications must be received by the Gateway Water Management Authority no later than: Friday, July 10, 2020 at 4:00 pm, PST.
The Gateway Water Management Authority shall not be responsible for failure to respond to a question or request for clarification and/or comment that has not been properly labeled.
Questions received after the stated deadline will not be answered. lil. I 2020 0.1.
Exhibit 2 90
)ZIgE:^ 0
fGATEWAY WATER MANAGEMENT AUTHORITY
Last Day to Receive Proposals
Proposals must be received by GWMA at or before: Friday, July 31, 2020 at 4:00 pm, PST.
Any proposal received after the date and time specified above will be rejected, considered non- responsive, and returned to the proposer(s).
Submission of Proposals
Proposers shall submit one (1) electronic file (.pdf) of the proposal via email to:
[email protected].
No hardcopies will be accepted.
Late proposals will not be considered.
Acceptance of Proposals
The Gateway Water Management Authority reserves the right to accept or reject any and all proposals, or any item or part thereof, and to waive any informalities or irregularities in a proposal.
GWMA reserves the right to withdraw this request for proposals at any time without prior notice, and GWMA makes no representations that any contract will be awarded to any proposer responding to this request for proposers by any of the municipalities. The municipalities reserve the right to contract with other entities for catch -basin cleaning services. GWMA reserves the right to postpone for its own convenience the date for receipt of the proposals.
The Gateway Water Management Authority reserves the right to modify the schedule.
Pre -Contractual Expenses
The Gateway Water Management Authority shall not pay or reimburse proposers for expenses incurred by any proposer in order to submit a proposal, including but not limited to those identified below:
1. Submitting a proposal to the Gateway Water Management Authority; and/or
2. Any other expenses incurred by proposer prior to the date of execution of contract documents constituting the agreement between the proposer and any of the Contracting Parties.
Exhibit 2 91
fGATEWAY WATER MANAGEMENT AUTHORITY
REQUEST FOR PROPOSALS FOR
MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RF P 2020-01)
CATCH BASIN CLEANING COST PROPOSAL FORM
Company Name and Address:
Proposal pricing shall be based on a per catch basin costs and shall include the following work to be performed:
Each Company shall inspect at regular intervals and clear all debris in catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract a minimum of one time between May 1 and September 30 of each year. In addition, the Company shall perform one inspection of all catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract during the months of October, January, and April. The Los Angeles MS4 Permit requires trash capture inserts be cleaned at regular intervals to maintain efficiency. The Company shall not perform repair, maintenance or other work that would require a Contractor's License or the payment of prevailing wages. The Company shall report to the appropriate Contracting Agency any damaged catch basin screens and missing stenciling requirements. The Company shall report evidence of rodents and/or vectors breeding/living in the storm drain system to the appropriate Contracting Agencies within twenty-four (24) hours of discovery.
The Company shall be responsible for developing and implementing traffic control procedures in accordance with California Manual on Uniform Traffic Control Devices (latest addition). The Contracting Agency may request written copies of Traffic Control Plans for collector or arterial streets, if necessary. The Company shall take a photo documenting the before and after conditions of all debris cleaning, from the same vantage points, in an amount not less than five (5) of each condition. All photos shall be at least 4 MP in quality, in .jpg format, labeled such that it is easy to identify each catch basin location and submitted with the invoice to the appropriate Contracting Agency.
Proposal prices shall be guaranteed.
Description
Quantity
Unit
Unit Price
Total
ARS Catch Basin
1,000
each
$
$
CPS Catch Basin
9,500
each
$
$
ARS & CPS Catch Basin
4,000
each
$
$
Non -retrofitted Catch Basin
3,000
each
$
$
Total
$
Authorized Signature
Date
,I I 2020 0j
Exhibit 2 92
)ZIgE:^ 0
EXHIBIT "B"
CONTRACTOR PROPOSAL
Exhibit 2 H
Request for Proposal
For
MMMMIUMAM"
A Proposal Submitted to the Gateway Water Management
Authority
----------------- ..............
..... ... . . ....
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
JULY 31, 2020
Gateway Water Management Authority
Attn: Ms. Traci Gleason
16401 Paramount Blvd.
Paramount, CA 90723
RE: REQUEST FOR PROPOSAL — MUNICIPAL STORM SEWER CATCH BASIN CLEANING (RFP 2020- 01)
Ron's Maintenance, Inc. (RMI) has reviewed the requested for proposal and is pleased to submit the attached proposal to the Gateway Water Management Authority (GWMA) for Municipal Storm Sewer Catch Basin Cleaning services. RMI is sensitive to the financial uncertainties faced by many municipal agencies due to Covid-19 related revenue losses and the enclosed proposal reflects this understanding.
RMI has been committed to providing the Contracting Agencies of the GWMA with superior catch basin cleaning services since 2011. If selected, RMI promises continued delivery of unparalleled service in inspection and cleaning of the approximately 1488 catch basins within the San Gabriel River Watershed and 16,177 modified and unmodified catch basins within the Los Angeles River Watershed. RMI guarantees our level of service, and cost-effective approach can not be duplicated by our competitors.
As company President, I Ron Norman, have the legal authority to negotiate and contractually bind RMI. Should you have any questions or need additional information, please feel free to contact me via email at [email protected] or by telephone at (213) 359-3827.
Sincerely,
a, y �n �, °✓ `n ,
Ronnie Norman,
President/CEO
Ron's Maintenance, Inc.
Exhibit 2 95
Cover Letter
Proposer Information
Understanding of Need
Company and Team Experience
Catch Basin Proposal Form
2 0
H
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
Exhibit 2 96
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
a •: • �. •;IN• 111 •
COMPANY BACKGROUND
Ron's Maintenance, Inc. (RMI), was founded in 1994 by Ron Norman in Los Angeles, CA and has been providing municipal catch basin and storm drain clean -out services to municipal agencies throughout southern California for more than twenty-six (26) years. We take the responsibility of protecting the environment by maintaining catch basins to prevent blockages of the municipal storm sewer system and to minimize the amount of pollutants discharged into our local waterways seriously.
At RMI we are committed to providing municipal agencies with unsurpassed catch basin and storm drain cleaning and inspection services, by utilizing the most efficient and cost-effective cleaning methods in the industry. RMI has incorporated a computerized work order management system to track cleaning and inspection activities. Vital information is collected in RMIs work order management system, including the date of cleaning and/or inspection; maintenance and/or repair requirements; the amount of trash, sediment, and green waste removed; and if the catch basin was re -stenciled. The information collected is utilized to optimize future catch basin cleaning and maintenance efforts. RMI's optimized cleaning and inspection program helps to reduce street flooding, to minimize nuisance odors, and to significantly reduce the discharge of pollution to our waterways.
RMI's COMPANY PROFILE
• RMI is an S Corporation, owned and operated by Ron Norman. • There are no subsidiaries or parent companies.
• C-61/D63 General Contractor License: License number 972124 All services will be directed from our company yard located at 5428 S Broadway St, in the City of Los Angeles. All written communication should be mailed to P.O. Box 4562, Downey, CA90241.
Exhibit 2 PagEW
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
The GWMA is soliciting bids on behalf of its Contracting Agencies to provide annual catch basin cleaning and inspection services for the entire Gateway Region (Los Angeles River and San Gabriel River Watershed areas) for a minimum annual frequency of one cleaning between May 15t and September 30th . In addition, the Contracting Agencies require inspection of all catch basins within their jurisdictions during the months of October, January, and April annually.
Further, the Contracting Agencies are seeking the assistance of a firm to quickly and effectively report damaged screens, missing stenciling, evidence of rodents and/or vector breeding, and the identification of illicit discharges within twenty-four (24) hours of discovery.
We have thoroughly reviewed the scope of services requested. RMI has provided the services requested to a number of Contracting Agencies within the GWMA since 2011. Each Contracting Agency has our assurance that our project team will accomplish the scope of services in the comprehensive and thorough manner outlined below:
• Service: Our project team is service oriented, courteous, and reliable. Each Contracting Agency will receive personalized service by a project team who is familiar with the agency and has an understanding of the environmental and regulatory sensitivities of the services requested.
• Professionalism: We understand that each Contracting Agency has come to expect a high level of confidence in the staff assigned. The individuals assigned possess the technical skills the GWMA is seeking and the interpersonal skills that tie our technical know-how to practical service.
• Control: Our systematic approach guarantees that we will deliver the services requested in the Scope of Work and that we are held accountable for the quality of our services. Levels of service are provided to meet the workload demands and the priorities of each Contracting Agency and will be clearly defined and communicated to all assigned staff.
• Responsiveness: Each Contracting Agency will be served by a team that has worked effectively with key staff, and able to respond to the needs and priorities of each Contracting Agency,
As we deliver these services, we will continually:
• Evaluate our operations to ensure that services are being properly, efficiently, and effectively delivered;
• Evaluate services being provided and the resources assigned to complete the tasks, assuring staffing levels are always appropriate based on the workload; and • Identify any improvements in our processes to enhance services provided.
Exhibit 2 98
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
At RMI, we are committed to providing the Contracting Agencies of the GWMA with unsurpassed catch basin cleaning and inspection services. RMI will utilize the most efficient and cost-effective catch basin and storm drain cleaning methods. We have incorporated a computerized work order management system to track cleaning and inspections performed. Vital information will be collected in our work order management system, including the date of cleaning and/or inspection; the amount of trash, sediment, and green waste; and the amount of waste removed/observed from each catch basin. If any defects/upset are observed, RMI will communicate the nature of the upset/repair (i.e., damaged or missing stencils, evidence of vectors or illicit discharges, damaged catch basin screens, or catch basin in need of cleaning.
RMI will transmit the information collected to each Contracting Agency to help them optimize future catch basin cleaning and maintenance efforts. Our optimized inspection program helps to reduce street flooding, to minimize nuisance conditions, and to significantly reduce the discharge of pollution to our waterways.
RMI's project approach and quality assurance measures described on the following pages will ensure that all services are performed to the Contracting Agency's satisfaction.
Project Initiation:
The RMI project team will contact each Contracting Agency in advance of catch basin cleaning services to establish the project schedule and deliverables; traffic control requirements/constraints; waste handling and disposal; and other pertinent project information.
Our supervisory staff will review and verify each Contracting Agency's data collection and reporting requirements. In addition, we will review our safety procedures and traffic control considerations with staff prior to performing any field -work.
Covid-19 Project Safety Measures:
Our service staff will adhere to all social distancing and masking guidelines while onsite and take personal responsibility in managing themselves and reporting all illnesses to management. We will not conduct any meetings or gatherings with nine or more individuals present. Our project pre -work meetings will be conducted utilizing the proper social distancing measures and personnel protective equipment (facemasks).
RMI has a ZERO TOLERANCE policy for any worker showing up and/or working on the jobsite when they are showing or experiencing symptoms of COVID-19. All workers have a personal responsibility to keep both themselves and those around them on safe and clear of any harmful exposures. It is our responsibility to provide a safe working environment for all workers. Now more than ever, safety is the number one priority, and there will not be any exceptions made for any individual.
Traffic Control Measures:
Should catch basin cleaning activities require the closure or impediment of vehicle traffic, we will obtain the necessary encroachment permits from the Contracting Agency. If required, RMI will submit a traffic control plan and provide traffic control services and devices to include: cones, delineators, signage and flaggers (as necessary).
Exhibit 2 Pagb�
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
Cleaning Procedures:
• Our field crews will implement appropriate traffic control measures that will be included in standard or customized traffic control plans. Working hours will be limited to 7:00 a.m. to 4:00 p.m., Monday through Friday, unless otherwise approved by the Contracting Agency. • Upon approach, we will visually inspect the condition of the catch basins; the legibility of "no dumping" signage/stencils; and note any build-up of debris outside the catch basin.
Our staff will look for evidence of blockage or damage to the catch basin. Any damage will be reported to the Contracting Agency's representative within one (1) business day of discovery.
• Field personnel will document all information from inspections/cleaning using RMI Catch Basin Maintenance form or forms supplied by the Contracting Agency. Information collected will be provided to the Contracting Agency within 30 days of completion of cleaning and inspection activities.
• Our staff is trained to look for evidence of illegal dumping of hazardous wastes such as used oil and paint in the catch basin / storm drain system. Should our crews encounter these materials, they will immediately notify the Contracting Agency's representative. • We will document the condition of the catch basin prior to and upon completion of cleaning utilizing a digital camera with a time stamp. Photographs will be provided to the Contracting Agency's representative. All photographic images will be submitted to the Contracting Agency along with maintenance logs within 30 days of service completion date. • Waste shall be properly disposed of in accordance with all applicable Federal, State, and local regulations. We will provide the Contracting Agency with the total amounts of all waste removed from each round of cleaning.
Exhibit 2 PJ§04
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
On -Going Inspections:
RMI will perform inspections of all
identified catch basins during the
months of October, January, and April
(on an annual basis).
If authorized by the Contracting
Agency, RMI will immediately clean
any catch basins observed having
blocked screen inlets, blocked
screened outlets, or found to be 25%
full of trash/debris (in accordance with
Order No. R4-2012-0175 Part
9.h.iii.(2).
• RMI will document inspection results on a Field Data Sheet along with providing any necessary photographic documentation.
Vector/Rodents:
• RMI will report to contracting agencies within 24 hours of discovering evidence of vector or rodent breeding/living activities in catch basins/storm drains.
Confined Space Training
RMI fully complies with all applicable State of California Occupational Safety and Health Administration (Cal/OSHA) and Public Works' Safety Requirements, while performing all catch basin and storm drain system maintenance activities.
RMI is aware that entry into Permit -Required Confined Spaces, as defined in California Code of Regulations Title 8, Section 5157, may be required as a part of the work specified in the Scope of Work. RMI shall perform any required confined space entries in accordance with Cal/OSHA Confined Space Section 5156, 5157, 5158, Title 8 and CCR.
Hazardous Waste Recognition
RMI staff is trained and is familiar with recognizing signs of illegal dumping of hazardous materials such as used oil and paint in catch basins and the storm drain system. Upon discovery of illegal dumping of hazardous wastes, RMI staff will comply with the reporting and response procedures established by the Contracting Agency, which includes immediate telephone notification of staff.
Exhibit 2 101
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
PROJECT TEAM
Our project team is comprised of recognized storm drain system maintenance experts, with more than 60 years of combined industry experience. Additionally, our team has the technical depth as well as training to address all of the City's storm drain cleaning and inspection needs.
Mario Gudino Sr. — Proiect Manaaer
Mr. Gudino is a strong asset to the Project Team and has over twenty-three (23) years of experience as a project manager. Mr. Gudino will supervise crews in performing catch basin cleaning and inspection services. Mr. Gudino's duties will include the following:
• On -site project supervision and project coordination; • Inspect and clean CPS and filter units;
• Oversee work crews to complete all project tasks;
• Manage supplies and keep track business expenses;
• Responsible for knowing and abiding by local ordinances/regulations; and • Generate reports of work completed and report to City staff contact.
Mr. Gudino has more than eight (8) years of experience in cleaning CPS, APS, MRS, and FBI inserts and is certified in Confined Space Entry; First Response for Unusual and Hazmat Occurrences; Traffic Management; and is a Contech Certified Maintenance Provider.
Martin Pinedo
Mr. Pinedo has more than sixteen (16) years of experience providing field support services on storm drain and catch basin cleaning and inspection projects throughout southern California. Mr.
Pinedo's current duties include the following:
• Cleaning, inspection, and repair of catch basins;
• Contech Certified Maintenance Provider;
• Confined space entry recognition and awareness certification; • Documenting catch basin cleaning and inspection information; and • Traffic control measures implementation.
Juan Diaz
Mr. Diaz has more than nine (9) years of experience in the field providing support on well over 100 contracts. In addition, Mr. Diaz has five (5) years of experience in cleaning catch basins and catch basins equipped with CPS, APS, MRS and FBI inserts and has completed Certified in Confined Space Entry training and is a Contech Certified Maintenance Provider.
Mario Gudino Jr.
Mr. Gudino has more than thirteen (13) years of experience in providing storm drain system inspection and maintenance services to municipal clients throughout southern California. Mr.
Gudino has completed Certified Confined Space Entry training and is a Contech Certified Maintenance Provider.
Exhibit 2 102
RMI
REFERENCES CATCII BASIN AND STORM DRAIN
MAINTENANCE SERVICES
CITY OF PARAMOUNT — ANNUAL CATCH BASIN INSPECTION AND CLEANING SERVICES 1 �- 2014-Present
CONTACT: Sarah Ho, Assistant Public Works Director
i 16400 Colorado Ave
Paramount, CA 90723 1 Telephone Number: (562) 220-2157
PROJECT DESCRIPTION: Annual cleaning and inspections of the City's 500+ catch basins.
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS — STORM DRAIN CLEANING b SERVICES
1998 — Present
. CONTACT: Aki Gadim, Head Construction Inspector
. 900 S. Freemont Ave
Alhambra, CA 91803 1 Telephone Number: (818) 994-9964
PROJECT DESCRIPTION: On -going annual cleaning of 37,000 retrofitted and unmodified catch basins within Los Angeles County. RMI performs annual Dry and Wet season cleaning of unmodified and modified catch basins, documenting the amount of trash and debris removed from each basin; the condition of any trash excluder device; and re -stenciling catch basins (as necessary).
COUNTY OF ORANGE — ANNUAL CATCH BASIN INSPECTION AND CLEANING SERVICES 2013 — Present
CONTACT: Ceaser Segura
County of Orange Public Works
222 E. Bristol St
Orange, CA 92865-2714 ITelephone Number: (714) 448-2924 PROJECT DESCRIPTION: Annual storm drain cleaning and inspection of the1250 retrofitted and unmodified catch basin/drop inlet structures. RMI performs inspection and cleaning services during the Wet and Dry seasons; documenting services with digital photographs; disposal of collected debris; reporting inoperable or damaged excluder devices; and re -stenciling catch basins (as necessary).
CITY OF VENTURA— CATCH BASIN CLEANING SERVICES
2013 — Present
CONTACT: Chris Palmeri, Public Works Supervisor
City of San Buenaventura
14)MA 501 Poli Street, Room 204
Ventura, Ca 93002-0099 1 Telephone Number: (805) 652-4521 PROJECT DESCRIPTION: Annual cleaning of City's 1184 retrofitted and unmodified catch basins, services provided twice annually. Re -stenciling of catch basins as needed.
Exhibit 2 103
CATCH BASIN PROPOSAL FORM
RMI
CATCIFI BASIN AND STORM DRAIN
MAINTENANCE SERVICES
Exhibit 2 Froge 8
G ATEWAY WATE R MANAG EM ENT AUST HO RITY
164,01 Paramount Boulevard 0, Parriniount,
REQUEST IFOR PROPOSALIFOR
MUNICIPAL STORM SEWER CATCH IBASIN CLEAMING
fRFP 2020-01)
Company IName and Address:
Roni's Mainteriance Inc-
P.O. Boi 4562, Downey, CA 90241
Proposial1 pricinhiall be based on a per catch) basin costsianild shaft Include the follovAing work to be performed�
Each Company shall inispect at regUar intervals and clear UII diebhsi in catch bas,ins, Mhiin the jurisdictioni of the Contracting Agencies with whichi the Company has, entered into a contracta minimium of one timile between IMay I and September 30 of each) year. linaddition, the Compiany s,haill) IIPerform one inspecticcof all catch basins vAthilin f1hie Jurisdiction of the Contracting Agencies with which the Company Ilhas entered intntrad during the monthis of October, January, and April. The Los, Angt4es, MS4 %rmilit requires !rash capture Inserts, be cleanied at uregulair Intervals to maintallni effilioleacy. The Cornpany shall iinot perform repair, Iranaintenance or other work that would require a Contractor's, License or the payment of prevailing wages. The Complany shall report to the appropriate Contractling Agency any damaged catchi Ilbasin screens and milssing stenciling requirervent s. The Complany shall) repoirt evidence of rodents, aincVior vectors br imn `livin iirn the stormi drain system to the appropdate Corilracting Agericiles within twenty-four (24) hours, of discovery.
The Complany shall be responsible for develbping and implementing traffic control procedures ini accordance 'wiith Calfforri Maiinival onl Uniformi Traffic Control Devices flatest addition). The Conlractling Agency rrma urequuiest written copies of Traffic Control Plains, for collector or artefliiial1 streets, if necessary.. The Company shall take a photo documenting the before aiind after conditions of all debris cleaning, tfrom the same 'vaintage points. in ain amount not liess, than five (5)-of each) condition. All photos shall be at Ileast 4 MP Ini quality, iiin jpg format, labeled such that it is easy to ildientify eachi catch basini locationi and submitted vwfth the invoice to the appropriate Contracting Agency.
Piro: osal1 prices shall be guaranteed.
Description
Quantity
Unit
Unit PrIce
Total
AR S Catch Basin
1,000
eachi
$25.00
$125,000.00
CPS Catch Basin
9,500
eachi
$25.00
$237,500.00
AR S & CPS Catch Basin
4,000
each,
$25.00
1 100 '10001-100
Non-fetrofitted Catch Basin
3,000
eachii
$25.00
$175,000.00
Total
$437,500-00
Authorized Siignaluiire
072,02020,
Date
I F: P 2 Z ED AD
Exhibit 2 105
g; e II
P.O. BOX 4562 Downey, CA 90037 1 Phone: 213.359.3827 1 Fax: 562.861.2418 [email protected] I www.Ronsmaintenance.com
EXHIBIT "C"
CONTRACTOR QUOTE
Exhibit 2 ?67
Roh's Maintenance, Inc.
P.O. Box 4562, Downey, California, 90241
Email: Ronsmaintenancegaol.com
Cell: 213-359-3827 Office: 562-861-2430
Grissel Chavez
City of Bell GarN,en.
8327 Garfield Avenue
Bell Garden, CA 90201-6122
Hi Grissel:
Ron's Maintenance Inc. (RMI) will perform cleaning services of 344 Catch Basins in the City of Bell ;Garden for the price of $25.00/per basin for cleaning and inspection 4-time: a Year, Ones during the dry season and 3 times during the wets seasonas your pennit requires, Per the Gateway City Bid, City of Bell Garden will provide a trash bin and location for disposal of debris.
UNITS UNIT PRICE TOTAL FREQUENCY ANNUAL COST
Catch Basin Cleaning 344 $25.00 8600 4 $34,400
The above pricing will be honored for the duration of the contract, If you have any questions or need additional information, please feel free to contact me directly at (213) 359-3,827.
Sincerely,
/Ron Norman
Exhibit 2 108
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 9.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF A30-DAY RESOLUTION
REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF
THE CITY COUNCILAND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.
BACKGROUND/DISCUSSION:
On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID- 19). On the same day, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency throughout Los Angeles County. On March 17, 2020, the City of Bell Gardens City Council ("City Council") declared a local emergency due to COVID-19 and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c).
Currently, the state -declared emergency remains in effect. On January 5, 2022, the Department of Public Health extended the requirement for universal masking requirements through February 15, 2022. Furthermore, the County of Los Angeles Department of Public Health Order of the Health Officer, January 5, 2022 Order requires indoor masking by all, regardless of vaccination status.
On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(b)(3)) during a state -declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.
On Monday, January 10, 2022, the City Council adopted Resolution No. 2022-03, ratifying the 109
proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from January 10, 2022 through February 9, 2022 pursuant to Brown Act provisions.
Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:
1. State or local officials have imposed or recommended social distancing; or
2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or
3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.
Modified Brown Act requirements underAB 361, include, among other provisions, that:
Members of the public must be allowed to address the body and offer comments in real-time during the meeting.
I n the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.
Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).
Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.
Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Given that Resolution Number 2022-03 expires on February 9, 2022, staff is recommending that the City Council adopt the attached resolution before the existing resolution lapses prior to the next regularly scheduled City Council meeting.
CONCLUSION:
If approved, the following will be adopted or approved:
1) The attached Resolution authorizing the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.
FISCAL IMPACT:
None.
ATTACHMENTS:
110
Exhibit 1 - Resolution No. 2022-08
Exhibit 2 - State Guidance for Face Coverings
Exhibit 3 - HOO Safer Return Work Community
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 111
RESOLUTION NO. 2022-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, RATIFYING THE PROCLAMATION OF A
STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4,
2020, AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS
OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF BELL GARDENS, FOR THE PERIOD FROM JANUARY 24, 2022 THROUGH FEBRUARY 23, 2022 PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Bell Gardens ("City");
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California;
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the City of Bell Gardens City Council ("City Council') declared a local emergency due to COVID-19, and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c);
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act ("Brown Act"), this waiver was extended through September 30, 2021 by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed into IawAssembly Bill No. 361 ("AB 361 "), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees;
Exhibit 1 112
Resolution No. 2022-08
WHEREAS, on December 13, 2021, the California Department of Public Health reissued a universal masking requirement, regardless of vaccination status, from December 15, 2021 through January 15, 2022;
WHEREAS, On January 5, 2022, the Department of Public Health once again extended the requirement for universal masking requirements through February 15, 2022; WHEREAS, the January 5, 2022, County of Los Angeles Department of Public Health Order of the Health Officer Order requires indoor masking by all, regardless of vaccination status;
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call -in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time;
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; WHEREAS, on December 13, 2021, the City Council adopted Resolution No. 2021-105 ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from December 13, 2021 through January 12, 2022 pursuant to Brown Act provisions; WHEREAS, on January 10, 2022, the City Council adopted Resolution 2022-03 extending Resolution 2021-105;
2 of 4
Exhibit 1 113
Resolution No. 2022-08
WHEREAS, the City finds that the continuous spread of COVID-19, specifically the Omicron variant of COVID-19, throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City;
WHEREAS, the City continues to enforce measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City's social media accounts;
WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the Order of the Los Angeles County Department of Public Health, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361's abbreviated teleconferencing procedures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.
SECTION 3. The City Council hereby ratifies the Governor of the state of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting January 24, 2022 until the earlier of February 23, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Bell Gardens may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
3 of 4
Exhibit 1 114
Resolution No. 2022-08
SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 24t" day of January 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez
City Attorney
4 of 4
Jane Halstead
City Clerk
Exhibit 1 115
1 /6/22, 2:56 PM guidance for face coverings
State of Ca[ifornia—Health • • Hurna.0
i
TOMAS J. ARAGON, M.D., Dr. P.H.
State Public Health Officer& Director
January 5, 2022
TO: All Californians
Services Agency
California Department of
Public Health
SUBJECT: Guidance for the Use of Face Masks
GAVIN NEWSOM
Governor
Related Materials: Face Coverings Q&A I Face Coverings Fact Sheet (PDF) I Face Mask Tips and Resources I Face .................................................................................................................
Shields Q&A (PDF) I Safe Schools for All Hub ;More Home & Community Guidance: JAR Guidance I More Languages .................................................................................................................
Updates as of January 5, 2022:
• Extends requirement for universal masking indoors statewide December 15, 2021, through February 15, 2022.
Guidance For the Use of Masks
Background
The COVID-19 vaccines remain effective in preventing serious disease, hospitalization, and death from the SARS- CoV-2 virus. Unvaccinated persons are more likely to get infected and spread the virus which is transmitted through the air and concentrates indoors. To ensure that we collectively protect the health and well-being of all Californians; keep schools open for in -person instruction; and allow California's economy to remain open and thrive, the California Department of Public Health (CDPH) is requiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022. This requirement will be updated as CDPH continues to assess conditions on an ongoing basis.
This measure brings an added layer of mitigation as the Omicron variant, a Variant of Concern as labeled by the World Health Organization, continues to increase in prevalence across California, the United States, and the world and spreads much more easily than the original SARS-CoV-2 virus and the Delta variant.
Over the last two weeks, the statewide seven-day average case rate has increased by more than sixfold and hospitalizations have doubled. While the percentage of Californians fully vaccinated and boosted continues to increase, we continue to have areas of the state where vaccine coverage is low, putting individuals and Exhibit 2 116
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-1 9/guidance-for-face-coverings.aspx 1 /4
1 /6/22, 2:56 PM guidance for face coverings
communities at greater risk for COVID-19. Given the current hospital census, which is overcapacity, the surge in cases and hospitalizations has materially impacted California's health care delivery system within many regions of the state. Staffing levels area [so increasingly impacted by COVID-19 transmission in many critical sectors.
As noted in the Science Brief[1] by the Centers for Disease Control and Prevention (CDC) updated in December 2021, at least ten studies have confirmed the benefit of universal masking in community level analyses: in a unified hospital system,[2] a German city,[3] two U.S. states,[4], [5] a panel of 15 U.S. states and Washington, D.C.,[6], [7] as well as both Canada[8] and the U.S.[9], [10], [11] nationally. Each analysis demonstrated that, following directives for universal masking, new infections fell significantly. Two of these studies[12], [13] and an additional analysis of data from 200 countries that included the U.S.[14] also demonstrated reductions in mortality. Another 10-site study showed reductions in hospitalization growth rates following mask mandate implementation.[15] Implementing a universal masking requirement not only has proven to decrease the rate of infections but is able to slow community transmission. A series of cross -sectional surveys in the U.S. suggested that a 10% increase in self -reported mask wearing tripled the likelihood of slowing community transmission.[16] The masking requirement in California schools has allowed us to keep schools open when compared to other parts of the country. California accounts for roughly 12% of all U.S. students, but only 1% of COVID-19 related school closures. Nationally during the Delta surge in July and August 2021, jurisdictions without mask requirements in schools experienced larger increases in pediatric case rates, and school outbreaks were 3.5 times more likely in areas without school mask requirements.[17], [18] In workplaces, employers are subject to the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) or in some workplaces the Cal/OSHA Aerosol Transmissible Diseases (ATD) Standard and should consult those regulations for additional applicable requirements.
Masking Requirements
Masks are required for all individuals in all indoor public settings, regardless of vaccination status from December 15, 2021 through February 15, 2022 [surgical masks or higher -level respirators (e.g., N95s, KN95s, KF94s) with good fit are recommended].
See State Health Officer Order, issued on July 26, 2021, for a full list of high -risk congregate and other healthcare settings where surgical masks are required for unvaccinated workers, and recommendations for respirator use for unvaccinated workers in healthcare and long-term care facilities in situations or settings not covered by Cal OSHA ETS or ATD.
For additional information on types of masks, the most effective masks, and ensuring a well -fitted mask, individuals should refer to CDPH Get the Most out of Masking and see CDPH Masking Guidance Frequently Asked Questions for more information.
No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.
Exemptions to masks requirements
The following individuals are exempt from wearing masks at all times:
• Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
• Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are Exhibit 2 117
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx 2/4
1 /6/22, 2:56 PM guidance for face coverings
unconscious, incapacitated, or otherwise unable to remove a mask without assistance. • Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication. • Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines. [1] Science Brief: Community Use of Masks to Control the Spread of SARS-CoV-2 I CDC [2] Wang X, Ferro EG, Zhou G, Hashimoto D, Bhatt DL. Association between universal masking in a health care system and SARS-CoV-2 positivity among health care workers. JAMA. 2020;324(7):703-704. [3] Mitze T, Kosfeld R, Rode J, Wade K. Face masks considerably reduce COVID-19 cases in Germany. Proc Notl Acod Sci U SA. 2020;117(51):32293-32301.
[4] Gallaway MS, RiglerJ, Robinson S, et at. Trends in COVID-19 incidence after implementation of mitigation measures - Arizona, January 22-August 7, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(40):1460-1463. [5] Van Dyke ME, Rogers TM, Pevzner E, et at. Trends in county -level COVID-19 incidence in counties with and without a mask mandate - Kansas, June 1-August 23, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(47):1777-1781. [6] Lyu W, Wehby GL. Community use of face masks and COVID-19: evidence from a natural experiment of state mandates in the US. HeolthAff(Millwood). 2020;39(8):1419-1425. [7] Hatzius J, Struyven D, Rosenberg I. Face masks and GDP. Updated June 29, 2020. Accessed July 8, 2020. [8] Karaivanov A, Lu SE, Shigeoka H, Chen C, Pamplona S. Face masks, public policies and slowing the spread of COVID-19: evidence from Canada. J Health Econ. 2021;78:102475. [9] Joo H, Miller GF, Sunshine G, et at. Decline in COVID-19 hospitalization growth rates associated with statewide mask mandates -10 states, March -October 2020. MMWR Morb Mortal WklyRep. 2021;70(6):212-216. [10] Chernozhukov V, Kasahara H, Schrimpf P. Causal impact of masks, policies, behavior on early COVID-19 pandemic in the U.S. J Econom. 2021;220(1):23-62.
[11] Guy GP Jr, Lee FC, Sunshine G, et at. Association of state -issued mask mandates and allowing on -premises restaurant dining with county -level COVID-19 case and death growth rates - United States, March 1-December 31, 2020. MMWR Morb Mortal Wkly Rep. 2021;70(10):350-354.
[12] Ibid, 6.
[13] Ibid, 7.
[14] Ibid, 11.
[15] Ibid, 9.
[16] Rader B, White LF, Burns MR, et at. Mask -wearing and control of SARS-CoV-2 transmission in the USA: a cross - sectional study. The Lancet Digital Health. 2021;3(3):e148-e157. [17] Jehn M, McCullough JM, Dale AP, Gue M, Eller B, Cullen T, Scott SE. Association between K-12 school mask policies and school -associated COVID-19 outbreaks — Maricopa and Pima Counties, Arizona, July -August 2021. MMWR Morb Mortal Wkly Rep. 2021; 70(39);1372-1373.
Exhibit 2 118
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx 3/4
1 /6/22, 2:56 PM guidance for face coverings
[18] Budzyn SE, Panaggio MJ, Parks SE, Papazian M, Magid J, Eng M, Barrios LC. Pediatric COVID-19 cases in counties with and without school mask requirements — United States, July 1-September 4, 2021. MMWR Morb Mortal Wkly Rep. 2021; 70(39);1377-1378.
California Department of Public Health
PO Box, 997377, MS 0500, Sacramento, CA95899-7377
Department Website (cdph.ca.gov)
Exhibit 2 119
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx 4/4
5UNTY OF Los ANGELCOi
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH O (ublic 1188th
ORDER OF THE HEALTH OFFICER
RESPONDING TOGETHER AT WORK AND IN THE COMMUNITY
BEYOND THE BLUEPRINT FOR A SAFER ECONOMY, HIGH TRANSMISSION — ENCOURAGING COVID-19 VACCINATION AND BOOSTER DOSE COVERAGE
WITH SIGNIFICANT RISK REDUCTION MEASURES
Issue Date: Wednesday, January 05, 2022
Effective as of 12:01aml on Thursday, January 06, 2022* *Updated definitions for mega events effective as of 1/15/2022; Masking requirement effective no later than 1/17/2022
Brief Highlights (Changes highlighted in yellow):
1/5/2022:
• Masks must be worn at all times while indoors at Cardrooms. Patrons may remove masks only when actively eating or drinking in designated dining areas and may not consume food or beverage while playing or gaming.
• As soon as possible, but no later than January 17, 2022, employers are required to provide their employees, who work indoors and in close contact with other workers or the public, with and require them to wear a well -fitting medical grade mask, surgical mask or higher -level respirator, such as an N95 filtering facepiece respirator or KN95, at all times while indoors at the worksite or facility.
• In alignment with the State PuNic Health Officer's December, 31�,021 Order, beginning thresholds — -- - ----- — January 1,5,2022, attendanceolds are lowered to 500 attendees for Indoor Mega Events and lowered to 5,000 attendees for Outdoor Mega Events. • Recognizing the protection provided by masking while indoors and in crowded settings, there is a strong recommendation that at Mega Events, Performance Venues, Movie Theatres and Entertainment Venues, food and drink only be consumed, where possible, in designated dining areas.
• Mega Events, Performance Venues, Movie Theatres and Entertainment Venues are responsible for messaging, signage, and compliance with masking requirement unless spectators/customers are actively eating or drinking
12131/2021:
In light of the drastic increases in cases and resultant hospitalizations, and to lessen the severity of the Omicron and Delta variant surge in Los Angeles County and protect against overwhelming the health care delivery system, the following changes are being made to this Order:
• Isolation and Quarantine Requirements are revised to mainly align with the State Public Health Officer's revised Gtfldancefor 1.,ocal 1-iiaafth Jii,irisdictioins oin isolatori ar�id .. ........ a,'dlrie of fl,ie
Generaj� IlPiirllallic, released on December 30, 2021. This guidance does NOT apply to healthcare personnel in any setting. See,M°L�2108,6. In the workplace, employers are subject to the Cal/OSHA COVID-19 ��Iil,evienflon Er,ri Te
sy or in some
workplaces the Cal/0IA Aerosol I rairisirnissible I)Ls TQ1 A should consult those ...regulations — ''—for additional applicable requirements. .gLd (PDF), and Please read this Order carefully.
SUMMARY OF THE ORDER: Based on the federal Ce,i,iters fbil'iMsease Gor*6l and Pivver'rdor,�i of January 5, 2022 the County of Los Angeles is currently experiencing a Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page I of 18 High Transmission— Encouraging COVI D-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 120
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH 0;611�
S AMGRES
ORDER OF THE HEALTH OFFICER' .Health
weekly average of 1,247.71 new cases of COVID-19 per 100,000 persons. According to the CDC's threshold of 100 or more new cases of COVID-19 per 100,000 persons, the County remains at a High rate of community transmission of COVID-19. This Order continues to require indoor masking by all, regardless of vaccination status, to slow the spread of COVID-19 in Los Angeles County.
This Order mainly aligns with the State Public Health Officer Orders of June 11, 2021 and December 13 & 31, 2021. It continues to place certain safety requirements on individuals consistent with federal and state rules. Further, this Order incorporates by reference the July 26, 2021, and December 22, 2021 Order of the State Public Health Officer, which requires specific transmission prevention measures to be taken by Acute Health Care and Long -Term Care settings, High -Risk Congregate settings, and Other Health Care settings. In addition, this Order continues to require that all persons, 2 years of age and older, wear face masks while in indoor public settings and businesses, with limited exceptions, as a protective measure with this High level of community transmission. On July 28, 2021, the CDC, and the California Department of Public Health each issued new guidance validating the universal indoor masking requirements of this Order. The CDC's Interim Public Health Recommendations for Fully Vaccinated' People advises that "preliminary evidence suggests that fully vaccinated people who do become infected with the Delta variant can spread the virus to others" and therefore recommends that fully vaccinated people should wear a mask in indoor settings if they are in a [geographic] area where there is Substantial or High rates of COVID-19 community transmission. Moreover, on December 13, 2021, the State Public Health Officer required universal masking, irrespective of vaccination status, between December 15, 2021, and January 15, 2022, in public indoor settings throughout California. The State Public Health Officer explained that the universal indoor masking requirement "brings an added layer of mitigation as the Omicron variant, a Variant of Concern as labeled by the World Health Organization, is detected across California, the United States, and the world and is likely to spread more easily than the original SARS-CoV-2 virus and the Delta variant. Additionally, this new measure brings additional protection to individuals, families, and communities during the holidays when more travel occurs, and time is spent indoors."
This Order continues some requirements on businesses and government entities, such as a general requirement to report to Public Health positive cases in the workplace and in schools, requirements for signage, and a proof of vaccination or a recent negative test for COVID-19 requirement for admission into Indoor and Outdoor Mega Events. Due to the recent and drastic increases in COVID-19 cases due to the transmissibility of the Omicron variant, this Order installs a new masking requirement at Cardrooms. All patrons must wear masks at all times while indoors at Cardrooms, except when actively consuming food and beverages in designated dining areas. Patrons may not remove their masks while engaging in entertainment or gaming activities. Further, Public Health strongly recommends that at Mega Events, Performance Venues, Movie Theatres and Entertainment Venues, food and drink only be consumed, where possible, in designated dining areas. Designated dining areas should be in well ventilated spaces, ideally outdoors when possible, that are separated from walkways and ' People are considered "fully vaccinated" against COVID-19 two weeks or more after they have received the second dose in a 2-close series (e.g., Pfizer-EIioNTech or Moderna) or 2 weeks or more after they have received a single -dose vaccine (e.g., Johnson and Johnson [J&J]/Janssen).
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 2 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 121
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH 'O'ANGELES Cii-bicNeafth
ORDER OF THE HEALTH OFFICER
other areas where people may be gathering to participate in non-food/beverage consumption activities. In addition, Mega Events, Performance Venues, Movie Theatres and Entertainment Venues are responsible for messaging, signage, and compliance with masking requirement unless spectators/customers are actively eating or drinking. Also, this Order includes best practice recommendations to reduce COVID-19 risk for individuals, businesses, and government entities.
COVID-19 daily cases and community transmission of COVID-19 are at a high level; on January 4, 2022 alone, Los Angeles County reported 21,790 new cases. Since Thanksgiving Day, the County's test positivity rate and hospitalizations have steadily increased. As of December 28, 2021, Los Angeles County is reporting a 7-day daily average case rate of 150.4 cases per 100,000 people. These statistics indicate a continued and high risk of COVID-19 infection for those who are not or cannot be vaccinated against COVID-19. Based upon federal CDC indicators and thresholds, this means that community transmission of COVID-19 within the County of Los Angeles is now High, and highly likely to increase as we are at a time when respiratory viruses, like influenza and SARS-CoV-2, spread more easily. Moreover, with the emergence and arrival of the Omicron variant, the risk of rapid community transmission has increased.
Even though more people in Los Angeles County and the region are vaccinated against the virus that causes COVID-19, there remains a risk that when outside of their residence people may come into contact with others who may have COVID-19. There are millions of people in Los Angeles County who are not yet vaccinated against COVID-19, including children under 5 years of age who are not currently eligible to be vaccinated, and people who are immunocompromised and may be particularly vulnerable to infection and disease. Most COVID-19 infections are spread by people who have no or mild symptoms of infection. The Delta and Omicron variants of the virus spread more easily. In the absence of physical distancing requirements for the public and capacity limits for indoor and outdoor settings, unvaccinated and partially vaccinated persons are more likely to get infected and spread the virus, which is transmitted through the air and concentrates in indoor settings. Additionally, we continue to see increases in COVID-19 infections among fully vaccinated persons, albeit at a significantly lower rate than those among persons who are not fully vaccinated.
The current COVID-19 vaccines remain effective at helping to reduce the risk of getting and spreading the infection. They also continue to significantly reduce the risk of getting seriously ill even if a fully vaccinated person gets COVID-19, including against the current variants of the virus that causes COVID-19. Although no vaccine is 100 percent effective at preventing illness in vaccinated people, the currently authorized COVID-19 vaccines remain the best form of protection against COVID-19 infection, hospitalization, and death. Vaccinations are widely available to those 5 years and older.
The best way to reduce the current level of community transmission and to prevent future surges is for everyone who is eligible, including those who have recovered from a COVID-19 infection, to get fully vaccinated as soon as possible. People at risk for severe illness with COVID-19, such as unvaccinated older adults and unvaccinated individuals with health risks, and members of their households, are strongly urged to get vaccinated against COVID-19 as soon as they can if Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 3 of 18 High Transmission — Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 122
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTY OF tos ANGELES
ORDER OF THE HEALTH OFFICER
°: Public Health
they have not already done so. And all persons who are fully vaccinated should also receive a booster dose of the COVID-19 vaccine as soon as they are eligible since studies show the protection from the primary COVID-19 vaccination may decrease over time. With an increased immune response, people should have improved protection against getting infected with and seriously ill from COVID-19, including the variants. Those who are not fully vaccinated are urged to adhere to both the required and recommended risk reduction measures.
We must remain vigilant against variants of the virus that causes COVID-19, especially given High levels of transmission here and in other parts of the world and the emergence of the Omicron variant for which current COVID-19 vaccines may not be as effective at preventing infection but are expected to protect against severe illness, including hospitalizations and death from infection. Currently, the Delta variant remains predominant in Los Angeles County. The Delta variant is two times as contagious than early COVID-19 variants and continues to lead to increased infections. The recent emergence and arrival of the Omicron variant may further increase that infection risk. Additionally, data suggests that the immune response to COVID-19 vaccination might be reduced in some immunocom promised people, which increases their risk of serious health consequences from COVID-19 infection. It is, therefore, prudent to require continued indoor masking for all as an effective public health measure to reduce transmission between people.
This Order is issued to help slow and decrease the level of community transmission of COVID- 19 here in Los Angeles County.
This Order's primary intent is to reduce the transmission risk of COVID-19 in the County for all, especially those who are not fully vaccinated and fully vaccinated but immunocompromised persons, in the absence of other protective measures, like physical distancing requirements and capacity limits. Accordingly, this Order allows Businesses, schools, and other activities to remain open while at the same time putting in place certain requirements designed to (1) limit transmission risk of COVID-19 and (2) reduce the risk of any COVID-19 outbreaks.
This Order will be revised in the future, if needed, to reflect the State Executive Orders, California Division of Occupational Safety and Health's (better known as Cal/OSHA) worksite requirements, State Public Health Officer Orders and guidance, and CDC recommendations.
Should local COVID-19 conditions warrant, the County Health Officer may, after consultation with the Board of Supervisors, issue Orders that are more restrictive than those of the State Public Health Officer.
This Order is effective within the County of Los Angeles Public Health Jurisdiction, defined as all cities and unincorporated areas within the County of Los Angeles, except for the cities of Long Beach and Pasadena that must follow their respective City Health Officer orders and guidance. This Order is effective at 12:01am on Thursday, January 06, 2022 and will continue until further notice.
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Exhibit 3 123
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH (CouteY OF Los ANGEUS Public Health
ORDER OF THE HEALTH OFFICER
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND
SAFETY CODE SECTIONS 101040,101085, AND 120175,
THE COUNTY OF LOS ANGELES HEALTH OFFICER ORDERS:
1. This Order supersedes the Health Officer's Prior Order.
2. This Order's intent is to continue to protect the community from COVID-19 and to also increase vaccination and booster dose rates to reduce transmission of COVID-1 9 long-term, so that the whole community is safer and the COVID-1 9 health emergency can come to an end.2 Failure to comply with any of the Order's provisions constitutes an imminent threat and menace to public health, and a public nuisance, and is punishable by citation or fin e. a) This Order does not supersede any stricter limitation imposed by a local public entity within the County of Los Angeles Public Health Jurisdiction. The Order is consistent with existing authority that local health jurisdictions may implement or continue more restrictive public health measures if the jurisdiction's Local Health Officer determines that health conditions in that jurisdiction warrant such measures. Where a conflict exists between this Order and any State Public Health Officer Order related to controlling the spread of COVID-19 during this pandemic, the most restrictive provision controls, unless the County of Los Angeles is subject to a court order requiring it to act on, or enjoining it from enforcing, any part of this Order.
3. All persons living within the County of Los Angeles Public Health Jurisdiction should continue to always practice required and recommended COVID-19 infection control measures and when among other persons when in community, work, social or school settings, especially when multiple unvaccinated persons from different households may be present and in close contact with each other, especially when in indoor or crowded outdoor settings.
All persons in the general public must comply with isolation and quarantine requirements provided in the Health Officer Public Health Emergency IIIsolafiai�i Qrd&r and Qiii,jairai,iflne (1ldei% Those requirements include the following:
a) Isolation: All persons who test positive for COVID-19, regardless of vaccination status, previous infection, or lack of symptoms, must self -isolate for at least 5 days.
Persons may only end their self -isolation after Day 5 if a) they are asymptomatic or are fever free and their symptoms are improving and b) they take a diagnostic specimen3 collected on Day 5 or later and test negative. If unable to test or they choose not to test, and symptoms are not present or are resolving, isolation can end after day 10. Wear a well -fitting mask around others, indoors and outdoors, for a total of 10 days. Adults should wear a well -fitting medical grade mask (surgical or respirator). Children should wear a well -fitting, non -cloth mask of multiple layers of non -woven material with a nose wire.
I People are considered "fully vaccinated" against COVID-19 two weeks or more after they have received the second dose in a 2-close series (e.g., Pfizer-BloNTech or Modema) or 2 weeks or more after they have received a single -dose vaccine (e.g., Johnson and Johnson [J&JyJanssen).
3 An antigen test, nucleic acid amplification test (NAAT) or LAMP test are acceptable; however, it is recommended that persons use an antigen test for ending isolation. Exposed persons who were infected with SARS-CoV-2 within 90 days prior to their current exposure should also use an antigen test.
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 5 of 18 High Transmission —Encouraging COVI D-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 124
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTY OF LOS ANGELES ORDER OF THE HEALTH OFFICER Z.
Public
Nealtb
b) Quarantine: All unvaccinated persons or fully vaccinated persons who are eligible for a boosters but have not yet received their booster dose, who are close contacts of a COVID-19 case, must quarantine for at least 5 days after their last contact with a person who has COVID-19. Such persons should test immediately and, if negative, should test again on Day 5 after their last exposure. Persons may only end their quarantine period after day 5 if a) they are asymptomatic and b) they take a diagnostic specimen collected on day 5 or later and test negative. If unable to test or they choose not to test, and symptoms are not present, quarantine can end after day 10. Wear a well -fitting mask while around others, indoors and outdoors, for a total of 10 days.
Adults should wear a well -fitting medical grade mask (surgical or respirator). Children should wear a well -fitting, non -cloth mask of multiple layers of non -woven material with a nose wire.
If symptoms occur, individuals should immediately isolate and test as soon as possible (do not wait until 5 days after exposure to retest if symptoms develop earlier) and, if positive, self -isolate as described above.
c) Individuals who have received their COVID-19 vaccine booster or are fully vaccinated but not yet eligible for a booster do not need to quarantine following an COVID-19 exposure. Such persons should test immediately, and if negative, should test again on Day 5 after your last contact with a person who has COVID-19. Further, they must wear a well -fitting medical grade mask (surgical or respirator) while around others, indoors and outdoors, for 10 days after the exposure. If symptoms occur, individuals should immediately isolate and test as soon as possible (do not wait until 5 days after exposure to retest if symptoms develop earlier) and, if positive, continue to self -isolate as described above.
d) In establishments and settings with active outbreaks, quarantine and isolation may be extended for additional days by County Public Health outbreak investigators to help lower the risk of ongoing transmission at the site.
4. Face Masks. All individuals must follow the requirements included in both the requirements of this Order and the July 28, 2021 and December 13, 2021 Guidance for the Use of Face Coverings issued by the California. Department of Public Health. a) These requirements are aligned with July 28, 2021 recommendations issued by the CDC. The CDC recommendations provide information about both indoor and higher risk settings where masks are required or recommended to prevent transmission to:
i. Persons with a higher risk of infection (e.g., unvaccinated or immunocompromised persons),
ii. Persons with prolonged, cumulative exposures (e.g., workers), or iii. Persons whose vaccination status is unknown.
4 Includes persons previously infected with SARS-CoV-2, including within the last 90 days. e Same as footnote 4.
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Exhibit 3 125
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH Coarr OF Los AWELEE ORDER OF THE HEALTH OFFICER': Public Health
When people wear a mask correctly, they protect others as well as themselves.
Consistent and correct mask use is especially important indoors and outdoors when in close contact with (less than six feet from) others who are not fully vaccinated against COVID-19 or whose vaccination status is unknown.
b) Masks are required to be worn by everyone, 2 years of age and older, regardless of COVID-19 vaccination status, in the following settings:
i. On public transit (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride -shares),
ii. In transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation),
iii. Indoors in K-12 schools, childcare and other youth settings (See, Appendix T1 for recent updates to K-12 School masking requirements), iv. Healthcare settings (including long term care facilities), v. State and local correctional facilities and detention centers, vi. Homeless shelters, emergency shelters, and cooling centers, vii. All indoor public settings, venues, gatherings, and public and private businesses (some examples: offices, manufacturing, warehouses, retail, food and beverage services, theaters, family entertainment centers, meetings, and state and local government offices serving the public, Indoor Mega Events, among others), and
viii. Outdoor Mega Events.
c) Recommendation for higher level of protection: In indoor public and private settings where there is close contact with other people who may not be fully vaccinated, individuals should consider wearing a higher level of protection, such as wearing two masks ("double masking") or a wearing a respirator (e.g., KN95 or N95). This is particularly important if an individual is not fully vaccinated and is in an indoor or crowded outdoor setting.
d) Individuals, businesses, venue operators or hosts of public indoor settings, venues, gatherings, and businesses, and Outdoor Mega Events must:
i. Require all patrons, customers, and guests to wear masks when inside at all indoor settings and at Outdoor Mega Events, regardless of their vaccination status; and
i. Post clearly visible and easy to read signage, with or without having an employee present, at all entry points for indoor and outdoor settings to communicate the masking requirements for patrons, customers, and guests. e) For clarity, patrons, customers, or guests at public indoor settings, venues, gatherings, and public and private businesses, and at Outdoor Mega Events are required to wear a face mask except while:
i. Actively eating or drinking, which is the limited time during which the mask can be removed briefly to eat or drink, after which it must be immediately put back Responding Together at Work and in the Community Beyond The Blueprint For Safer Economy, Page 7 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 126
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ("611"eiiih NGELS
ORDER OF THE HEALTH OFFICER
on. Patrons, customers, or guests must be seated at a table or positioned at a stationary counter, ticketed seat, or place while actively eating or drinking.
1. Except, all persons must wear masks at all times while indoors at Cardrooms, except when actively consuming food and beverages in a designated dining area.
2. Further, it is a strong recommendation that at Mega Events, Performance Venues, Movie Theatres and Entertainment Venues, food and drink only be consumed, where possible, in designated dining areas. In addition, Mega Events, Performance Venues, Movie Theatres and Entertainment Venues are responsible for messaging, signage, and compliance with masking requirement unless
spectators/customers are actively eating or drinking.
Showering or engaging in personal hygiene or a personal care service that requires the removal of the face mask;
iii. Alone in a separate room, office or interior space; f) Special considerations are made for people with communication difficulties or certain disabilities. Clear masks or cloth masks with a clear plastic panel that fit „wefl are an alternative type of mask for people who interact with: people who are deaf or hard of hearing, children or students learning to read, people learning a new language, and people with disabilities.
g) All businesses, venue operators or hosts must implement measures to clearly communicate to non -employees the masking requirements on their premises. h) No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.
i) The categories of persons who are exempt from mask requirements remain unchanged at this time and can be found at
hftr h; i.ov/a i �ur(�na2O'� 9/iris s1kso,War. In workplaces, , certain employees may be exempt from wearing a mask when performing specific tasks which cannot feasibly be performed while wearing a mask. This exception is limited to the period of time in which such tasks are actually being performed.
Workers who cannot feasibly wear a mask while performing their work, and who are either unvaccinated or fully vaccinated and eligible for a dose of COVID-19 vaccine but have not yet received it, must be tested for COVID-19 at least twice per week.
Fully vaccinated persons who cannot feasibly perform their job while wearing a mask, and who have received their booster dose of COVID-19 vaccine or who are not yet eligible for a booster should test at least once per week. j) In workplaces, most employers and businesses are subject to the Cal/OSHA COVID- 19 'o re ° a� !_ .1y .,.. ur„ ur ) and some to the QaIII/, H eroc o.l i; ,nwni ible_ Diseases Staridards, and should consult those regulations for additional applicable requirements. The ETS allow local health jurisdictions to require more protective mandates. This County Health Officer Order, which requires masking of all individuals at indoor public settings and businesses, and Outdoor Mega Events, Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 8 of 18 High Transmission -Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 127
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH CouNTY of Los ANGEL 5 ORDER OF THE HEALTH OFFICER Public Health,
regardless of vaccination status, is a such a mandate in Los Angeles County, and overrides the more permissive ETS regarding employee6 masking. i. In establishments and settings with active outbreaks, quarantine and isolation may be extended for additional days by County Public Health outbreak investigators to help lower the risk of ongoing transmission at the site. ii. Healthcare personnel in any setting must comply with the State's Guidance on Quarantine for Health Care Personnel (HCP) Exposed to SARS-CoV-2 and Retum to Work for HCP with COVID-19, as described in AF], 21 08,6.
All employers and businesses subject to Cal/OSHA must review and comply with the active Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). As approved and effective, the full text of the COVID-19 Prevention emergency standards will be listed under 1"It �.,B Sdichaktei� . ....... 7 sect�oins 3,205 3205A of the California Code of —19 . L— 4" . ... . ..... .
Regulations. All businesses or employers with independent contractors should also review the State Labor Commissioner's Office webpage entitled, "Iridep _rggent contl"actor ver: which discusses the "employment status" of persons hired as independent contractors, to ensure correct application of the ETS. As soon as possible, but no later than January 17, 2022, employers are required to provide their employees, who work indoors and in close contact with other workers or the public, with and require them to wear a well -fitting medical grade mask, surgical mask or higher -level respirator, such as an N95 filtering facepiece respirator or KN95, at all times while indoors at the worksite or facility.
5. Mandatol3i, Reporting by Businesses and Governmental Entities. Persons and businesses within the County of Los Angeles Public Health Jurisdiction must continue to follow the COVID-19 infection control protocols and guidance provided by the County Department of Public Health regarding isolation of persons confirmed or suspected to be infected with the virus that causes COVID-19 disease or quarantine of those exposed to and at risk of infection from COVID-19. In instances where the County has not provided a specific guidance or protocol, specific guidance or protocols established by the State Public Health Officer shall control.
a) In the event that an owner, manager, or operator of any business knows of three (3) or more cases of COVID-19 among their employees, assigned or contracted workers or volunteers within a span of 14 days, the employer must report this outbreak to the Department of Public Health at (888) 397-3993 or (213) 240-7821, or online at %&ww redca-�� n1(/coviqJi:gport.
9'g
b) In the event that an owner, manager, or operator of any business is informed that one or more employees, assigned or contracted workers, or volunteers of the business has tested positive for, or has symptoms consistent with COVID-19 (case), the employer must have a protocol to require the case(s) to isolate themselves at home and require the immediate self -quarantine of all employees that had a workplace exposure to the case(s).
6 Some independent contractors are considered as employees under the State Labor Code. For more details, check the California Department of Industrial Relationsliidepgu'dent cot nractar versus an �rjqy . ....... gg webpage.
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Exhibit 3 128
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH 1 , " n - COUNTY OF to' ANGIRES , A Wublic Health
ORDER OF THE HEALTH OFFICER X
6. LACDPH Best Practice Guidance. All individuals and Businesses are strongly urged to follow the LACDPH Best Practice Guidance, containing health and safety recommendations for COVI D- 19.
7. Considerations for Persons at Hi her Risk for Ne ative Health Outcomes: At this time, people at risk for severe illness or death from COVID-1 9—such as unvaccinated older adults and unvaccinated individuals with health risks —and members of their household, should defer participating in activities with other people outside their household where taking protective measures, including wearing face masks and social distancing, may not occur or will be difficult, especially indoors or in crowded spaces. For those who are not yet fully vaccinated, staying home or choosing outdoor activities as much as possible with physical distancing from other households whose vaccination status is unknown is the best way to prevent the risk of COVID-1 9 transmission.
8. Encouragie Activities that Can Occur Outdoors. All Businesses and governmental entities are urged to consider moving operations or activities outdoors, where feasible and to the extent allowed by local law and permitting requirements, because there is generally less risk of COVID-19 transmission outdoors as opposed to indoors.
9. Ventilation Guidelines. All Businesses and governmental entities with indoor operations are urged to review the Ventilation Guidelines and implement ventilation strategies for indoor operations as feasible. See California Department of Public Health h iterirri Guidgrice for, Verl'Wafion ..JFfltrabon and r In llqooll, Env��ronments. for detailed information. Nothing .. ......... . ....... . . .. ..... . . ......... . ..... Aj� -, in this Order limits any ventilation requirements that apply to particular settings under federal, state, or local law.
110.1-ligh-Risk Health Care and Congregate Settings. This Order incorporates by reference the State Public Health Officer Order of July 26, 2021, which requires additional statewide facility -directed measure to protect particularly vulnerable populations. The Order is found here: State Public Heakh 0f'flcx-.,,r Order issued J _23_:? . . .......... . ..... _&
11. Sectors that Continue to Re wire Additional Risk Reduction Measures. The following sectors serve persons and populations that have lower rates of vaccination, who are at higher risk of being infected, or who are not yet eligible to be vaccinated. As such, these sectors continue to require additional risk reduction measures and must operate subject to the following conditions listed below and those specified in the County sector -specific reopening protocol(s) located at±Ltr2.L/1 Beal tlh.��acolLJnty,.q,2y/inc-,�dia/C""orcli�,'iav�iu"L,Is/index.l�'"iu'tiirTi:
a) Day camps. Day camp owners and operators must implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Day Camps, attached to this Order as Appendix K.
b) Schools (K-12) and School Districts. All public and private schools (K-12) and school districts within the County of Los Angeles may open for in -person classes. Educational facilities serving students at any grade level must prepare, implement, and post the required Los Angeles County Department of Public Health Reopening Protocols for K- 12 Schools, attached to this Order as Appendix T1, and must follow the Protocol for Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 10 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 129
COUNTY+ DEPARTMENT OF PUBLIC .HEALTH
ORDER OF THE HEALTH OFFICER I Health
COVID-19 Exposure Management Plan in K-12 Schools,. attached to this Order as Appendix
hp d
Mecila Events (Outdoor and Indoor). Beginning January 15, 2022, the attendance parades,thresholds for Mega Events are lowered from 1,000 to 500 indoor attendees and from 10,000 to 5,000 outdoor attendees. Mega Events include conventions, conferences, expos, concerts, shows, nightclubs, sporting events, live events and entertainment, fairs, theme parks, amusement parks,
gatherings,endurance Y car shows. Mega
either assigned or unassigned seating, and may be either general admission or gated, ticketed and permitted events. These events are considered higher risk for COVID-19 UMFER
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within oneday d PCR test must be conducted+ days prior to event entry.
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 11 of 18 High Transmission —Encouraging COVID-19 Vaccination and Roster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 130
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTY OF LOs ANGELES ORDER OF THE HEALTH OFFICER Ne��11t1
that all persons must wear a face mask while in attendance and the County Health Officer requirement that all attendees, ages 5 and older, either be fully vaccinated against COVID-19 or obtain a negative COVID-19 viral test prior to attending the event. Operators are required to cross-check proof of full vaccination or negative COVID-19 viral test result against a photo identification for all attendees who are 18 years of age or older. Operators are to make face masks available for all attendees.
iii. Additional Recommendations for Both Outdoor and Indoor Me a Events: Mega Event operators are encouraged to follow these additional recommendations:
1. Assign staff to remind all guests to wear face masks while on the premises or location.
2. Encourage everyone to get vaccinated and receive a COVID-19 booster when eligible.
3. Facilitate increased ventilation of indoor spaces (i.e., open all windows and doors to increase natural air flow), following California Department of Public Health Ill rd riim . uWarice fc: M� �Ir fiu r°io f iifiir°rfiorf fr�r „ fiw indoor ruIts
4. Encourage everyone to sign up for ;�......_. o tjfy as an added layer of protection for themselves and the community to receive alerts when they have been in close contact with someone who tests positive for COVID-19.
5. Convey the risk of attending large, crowded events where the vaccine status of other attendees may be unknown to the individuals.
6. Convey the risk of attending large, crowded events for populations that may not currently be eligible for vaccination or may be immunocompromised and whose vaccine protection may be incomplete.
7. Encourage all venues along any parade or event route to provide outdoor spaces for eating/drinking/congregating to reduce the risk of transmission in indoor settings.
d) Overnight Organized I Children's Cam s. An organized camp is a site with program and facilities established for the primary purpose of providing an overnight outdoor group living experience for recreational or other purposes for five days or more during one or more seasons of the year. A Notice of Intent to Operate must be submitted by the Camp operator to the Environmental Health Division orn1g1.LJ,! , yJl f lf�r i wmmlll uur y.f r prior to operation. The owner or operator of an Overnight Organized/ Children's Camp must prepare, implement, and post the required Los Angeles County Public Health Protocols for Overnight Organized / Children's Camps, attached to this Order as Appendix K-1. e) Organized Youth Sports Activities. Organized youth sports include all school (TK-12 Grades) and community -sponsored programs and recreational or athletic activities and privately organized clubs and leagues. Organized Youth Sport Protocols do not apply to collegiate or professional sports. This Protocol provides direction on outdoor and indoor youth sports activities to support an environment that presents less risk for participants Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 12 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 131
COUNTY OF LOS ANGELES DEPARTMENT PUBLIC HEALTH
�( f PublicHealth
�-., a
11,E !� .. OF � , HEALTH i OFFICER
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not A in a lounge.
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Exhibit 3 132
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH"' CGUN7Y Or tOS ANGELES
ORDER OF THE HEALTH OFFICER
Public Health
likely when compared to indoors. Nightclubs and lounges must comply with the Qtjidgu l o for Proof of C()VID-19 Vaccination and Gujdance fbiu _ e� ii�i ` n ��rr cf of a COVID-19 est attached to this Order. In addition, by November 4, 2021, all on -site employees must provide their employer with proof of full vaccination against COVID-19 (see footnote 5).
h) Restaurants. These indoor venues serve food or drink indoors and are required to maintain a valid public health permit to operate. Due to the increased risk of transmission at places where persons are indoors and unmasked, the County Health Officer strongly recommends that the operators of these venues reserve and prioritize indoor seating and service for patrons who are fully vaccinated against COVID-19. They should verify the full vaccination status of all patrons, 12 years of age or older, who will be seated indoors for food or beverage service. Patrons who cannot provide proof of full vaccination against COVID-19 should be served in outdoor portions of the facility, where the risk of exposure to the virus that causes COVID-19 is less likely when compared to being indoors. See paragraphs 11.i.a through 11.i.c for further clarification. i) For clarity, individuals who do not provide proof of partial or full vaccination at bars, breweries, wineries, distilleries, nightclubs and lounges, may use the outdoor portions of the facility, but may not remain inside the facility except as solely provided in the subsections below:
a. The individual, who is wearing a well -fitted mask, may enter the indoor portion of the facility as part of their employment to make a delivery or pick-up, provide a service or repair to the facility, or for an emergency or regulatory purpose. b. The individual, who is wearing a well -fitted mask, may enter the indoor portion of the facility to get to the outdoor portion of the facility or to use the restroom. c. The individual, who is wearing a well -fitted mask, may enter the indoor portion of the facility to order, pick-up, or pay for food or drink "to go." j) Cardrooms. Cardroom operators may only allow indoor dining and/or drinking within designated areas of the facility only. Food and beverages may not be consumed outside of those areas or while patrons are playing or gaming within the facility. Patrons must wear masks indoors at all times while not actively eating or drinking in a designated indoor dining area.
REASONS FOR THE ORDER
12.This Order is based upon the following determinations: continued evidence of sustained and High community transmission of COVID-19 within the County; documented asymptomatic transmission; scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically; evidence that millions of people in the County population continue to beat risk for infection with serious health complications, including hospitalizations and death from COVID-19, due to age, pre-existing health conditions, being unvaccinated or not eligible for vaccination, and the increasing presence of more infectious variants of the virus that causes COVID-19 and which have been shown to cause more severe disease being present in the County; preliminary evidence that suggests that fully vaccinated people who do become infected can spread the Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 14 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Significant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 133
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH 0COMM OF LosAN(was 4 ORDER OF THE HEALTH OFFICER 1,11111 (1bliC kaftb
virus to others; and further evidence that other County residents, including younger and otherwise healthy people, are also at risk for serious negative health outcomes and for transmitting the virus to others, and emergence of the new Omicron variant. The Order's intent is to continue to reduce the risk of COVID-19 infection for all, especially those who are not or cannot be fully vaccinated against COVID-19 in the County.
13. Existing community transmission of COVID-19 in Los Angeles County remains High and continues to present a high risk of infection and harm to the health of those who are not or cannot be vaccinated against COVID-19. COVID-19 vaccinations are widely available to those 5 years and older. New variants of the virus that may spread more easily or cause more severe illness are increasingly present in our county and remain a risk for both those who are fully vaccinated as well as those who not vaccinated against COVID-19. As of, January 4, 2022, there have been at least 1,780,154 cases of COVID-19 and 27,671 deaths reported in Los Angeles County. Increased interactions during the Thanksgiving Holiday among members of the public have resulted in an increased number of daily new cases. As of December 28, 2021, the 7-day average daily case rate is now at 150.4 cases per 100,000 people, indicating High community transmission, in the absence of capacity limits and physical distancing requirements across sectors in both indoor and outdoor settings. Making the risk of community transmission worse, some individuals who contract the COVID-19 virus have no symptoms or have only mild symptoms, and so are unaware that they carry the virus and are transmitting it to others. Because even people without symptoms can transmit the virus, and because new evidence shows the infection is now more easily spread, universal indoor masking is a risk reduction measure that is proven to reduce the risk of transmitting the virus.
14.Epidemiologic evidence demonstrates that the rate of community transmission, hospitalizations and testing positivity rates have all significantly increased since November 26, 2021. Although nearly 16 million vaccine doses have been administered and nearly 6.9 million residents ages 5 and older are fully vaccinated against COVID-19 in Los Angeles County, COVID-19 infection remains a significant health hazard to all residents.
In line with the State Public Health Officer, the Health Officer will continue to monitor scientific evidence and epidemiological data within the County.
15. The Health Officer will continue monitoring epidemiological data to assess the impact of lifting restrictions and fully re -opening sectors. Those Indicators include, but are not limited to:
a) The number of new cases, hospitalizations, and deaths among residents in areas in the lowest Healthy Places Index (HPI) quartile and by race/ethnicity. b) The COVID-19 case rate.
c) The percentage of COVID-19 tests reported that are positive. d) The availability of COVID-19 vaccines and the percentage of eligible County residents vaccinated against COVID-19.
e) The number of fully vaccinated people who get sick, are hospitalized, or die from COVID-19.
Responding Together at Work and In the Community Beyond The Blueprint For A Safer Economy, Page 15 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 134
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH �oUNTMOFLos s�ELs
ORDER OF THE HEALTH OFFICER
X%Public Neaitb
f) The presence of Variants of Concern, such as, Delta and Omicron, and their impact on indicators (a) — (e).
ADDITIONAL TERMS
16.The County shall promptly provide copies of this Order by: (a) posting it on the Los Angeles Department of Public Health's website ( .g i.j .)iic;:roheam� lh ..,,. a � otilliy.q ), (b) providing it to any member of the public requesting a copy, and (c) issuing a press release to publicize the Order throughout the County.
a) The owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and download, review and implement all applicable Best Practice Guidance.
b) Because guidance may change, the owner, manager, or operator of any facility that is subject to this Order is encouraged to consult the Los Angeles County Department of Public Health's website (yKyM,,M!b4cheaft1iJalrrur� c) daily to identify any modifications to this Order and the Best Practice Guidance and continue to implement these important and necessary infection control protocols.
17. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order.
18.This Order incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom and the March 4, 2020 declarations of a local and public health emergency issued by the Los Angeles County Board of Supervisors and Los Angeles County Health Officer, respectively, and as they may be supplemented.
19. This Order may be revised in the future as the State Public Health Officer amends its guidance to reflect evolving public health conditions and recommendations issued by the federal CDC and other public health authorities. Should local COVID-19 conditions warrant, the Health Officer may, after consultation with the Board of Supervisors, issue orders that are more restrictive than the guidance and orders issued by the State Public Health Officer.
20.This Order is consistent with the provisions in the Governor's Executive Order N-60-20 and the State Public Health Officer's May 7, 2020 Order, that local health jurisdictions may implement or continue more restrictive public health measures in the jurisdiction if the local health officer believes conditions in that jurisdiction warrant them. Where a conflict exists between this Order and any state public health order related to controlling the spread of COVID-19 during this pandemic, the most restrictive provision controls. Consistent with California Health and Safety Code section 131080, except where the State Health Officer may issue an order expressly directed at this Order or a provision of this Order and based upon a finding that a provision of this Order constitutes a menace to the public health, any more restrictive measures in this Order may continue to apply and control in the County of Los Angeles Public Health Jurisdiction.
Responding Together at Work and in the Community Beyond The Blueprint For Safer Economy, Page 16 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 135
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ccuNncrtosnnc�s ORDER OF THE HEALTH OFFICER '`PIIpIiC Health
21. Pursuant to Sections 26602 and 41601 of the California Government Code and Section 101029 of the California Health and Safety Code, the Health Officer requests that the Sheriff and all chiefs of police in all cities located in the Los Angeles County Public Health Jurisdiction ensure compliance with and enforcement of this Order. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment or both.
22. This Order is issued pursuant to Health and Safety Code sections 101040, 120175, and 120295.
23.This Order shall become effective at 12:01am on Thursday, January 06, 2022 and will continue to be until it is revised, rescinded, superseded, or amended in writing by the Health Officer.
IT IS SO ORDERED:
r
Muntu Davis, M.D., M.P.H.
Health Officer,
County of Los Angeles
1 /5/2022
Issue Date
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 17 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster pose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 136
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH comlll OF Los ANGELE5
ORDER OF THE HEALTH OFFICER
" "Public Health
Appendices At -A -Glance
Businesses and customers should continue reviewing best practice documents and sector -specific protocol for designated areas on a regular basis to ensure they are complying with the latest health protection and prevention measures.
All DPH protocol and best practice documents are available at:
t 11 :m:iWm:iq1 � m two / ;g oriiavi�rkjs hidexwwlMITI
Appendix K: Reopening Protocol for Day Camps [Revised 6/23/2021] Appendix K-1: Reopening Protocol for Overnight Organized/ Children's Camps [Revised 6/14/2021 ]
Appendix S: Protocol for Organized Youth Sports [Revised 12/8/2021] Appendix T1: Reopening Protocols for K-12 Schools [Revised 1/1/2022] Appendix T2: Protocol for COVID-19 Exposure Management Plan in K-12 Schools [Revised 12/31 /2021 ]
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 18 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 137
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 10.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: RENT CONTROL UPDATE
DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file this update.
BACKGROUND/DISCUSSION:
On October 28, 2019, the City Council adopted Urgency Ordinance No. 900-U to protect tenants from unreasonable rent increases as an urgency measure prior to the State's implementation of Assembly Bill 1482. The urgency ordinance was intended to prevent property owners of multi- family units (duplex and higher) in the City of Bell Gardens from increasing rents by more than three percent (3%) or evicting a tenant without "just cause" (e.g., failure to pay rent or comply with City codes) during the short unprotected period from the time the Governor signed the bill on September 14, 2019, to the end of the year before the State law went into effect on January 1, 2020.
On December 9, 2019, the City Council adopted Urgency Ordinance No.902-U to extend the initial 45-day ordinance (i.e., 900-U) until the end of the year. Once AB 1482 went into effect, the City decided to wait to see how effective the new State law would be before considering a permanent rent control ordinance.
Shortly after the implementation of AB 1482, the Covid pandemic hit, and the State placed temporary eviction and rent increase moratoriums to protect tenants. Therefore, staff held off on further ordinance considerations. In February of 2021, a non-profit organization named East Yard Communities for Environmental Justice ("EYCEJ") approached the Mayor and staff about considering a rent control ordinance that addressed 32 additional tenant protections the group believed were lacking in State law. Staff re -activated the Rent Control Ad Hoc Committee ("Committee") to consider the proposal. The Committee members were increased from 5 to 7 at the request of the City Council to ensure equal representation of tenants and property owners.
The Committee proceeded to meet six times over the next few months to discuss the proposed tenant protections and hear from industry professionals. An attorney from the City Attorney's office who specializes in tenant/landlord law was brought on board to assist staff and the Committee with interpretation of the current State law and the additional provisions proposed by EYCEJ. The City Attorney and staff went through all the proposed tenant protection provisions and separated them into the following four categories:
1. Proposals Not Covered by State Law
138
2. Proposals Largely Covered by State Law
3. Proposals Involving Discretionary Spending
4. Proposals that Require Greater Specificity to Categorize The Committee then proceeded to schedule the first public workshop, which was noticed on the City's social media platforms, the City's website, and via mailers to residents one month ahead of the event and re -noticed on social media one week before the event as a reminder.
The first workshop was held on December 9, 2021, at Ross Hall/Veterans Park. The workshop was well attended both in person and online and was simultaneously translated in Spanish. During the workshop, staff and the City Attorney presented the major tenant protections that had been introduced by EYCEJ and had three panelists provide comments for the public's benefit. As part of the workshop agenda, a time for "Questions and Answers" was provided as well as a time for public testimony.
Following the workshop, staff scheduled a debriefing meeting with the Committee on January 13, 2022, to discuss next steps. The consensus was that the workshop was an overall success, but certain things could be improved such as the sound equipment and chat response coordination. In addition, the Committee gave the City Attorney and staff direction to seek outside legal counsel to volunteer for the second workshop since most of the concerns voiced by the residents required legal assistance. Staff is also seeking volunteer organizations such as the Fair Housing Foundation and the Legal Aid Foundation of Los Angeles to set up informational booths at the next workshop for anyone requiring assistance following the workshop.
CONCLUSION:
It is anticipated that the second workshop will take place in late February/early March once the additional requested resources identify an available date and time. The workshop will be scheduled on a Saturday afternoon to provide more flexibility for the public to attend. Once the second public workshop takes place and the final Committee recommendation is given, staff will bring the recommendation to the City Council with a request for direction.
FISCAL IMPACT:
Legal counsel costs: other costs will be dependent on direction given by Council.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 139
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 11.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES DATE: January 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
BACKGROUND/DISCUSSION:
The City of Bell Gardens resides within a larger geo-political environment with a variety of complex issues and concerns. Council Members are typically appointed as representatives on various external boards, commissions, and committees who serve the larger geo-political region.
The Council typically makes revisions to the list (Exhibit 1) yearly following the annual Council reorganization. Exhibit 2 gives a brief description of what each board or committee does. The Council may also make appointment revisions to this list during the year as needs arise.
CONCLUSION:
By updating the Council Appointments to External Regulatory and Advisory Boards, Commissions and Committees Matrix, the City Council is assuring proper representation for the City of Bell Gardens in the larger geo-political region.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - External Committees Matrix
Exhibit 2 - External Committees Description
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 140
COUNCIL APPOINTMENTS TO EXTERNAL REGULATORY AND
ADVISORY BOARDS, COMMISSIONS AND COMMITTEES
iiljiiiiiiii
1 California Cities for Self -Relic
Joint Powers Authority
2 California Contract Cities
Association
3 California Joint Powers Insur<
Authority
4 Eco-Rapid Transit
Mayor Automatic Alejandra Cortez Alejandra Hernandez
Appointment
Alejandra Cortez Marco Barcena
6 Greater Los Angeles County Vector Pedro Aceituno
Control District (thru Jan, 2023)
7 HUB Cities Consortium Marco Barcena
8 Independent Cities Association Maria Pulido
10 Los Angeles County City Selection
Mayor Autoratic
Committee
Appointment
Sanitation Districts of Los Angeles
a
11 County
Mayor Automata
Appointment
12 Southeast Area Animal Control
Marco Barcena
Authority (SEAACA)
13 Southeast Community Development
J©rgel Chavez
Corporation
Southern California Association of
14 Governments
Marco Barcena
NO ALTERNATE
NEEDED
Alejandra Cortez
Alejandra Cortez
Cristina Quintero
Michael Kodama
Kelly Middleton
Sam Olivito
Cathy Kyle
Jorgel Chavez Maggie Aguilar
Exhibit 1 141 Last Saved: 2022-Jan-2015:01:52
BELL GARDENS CITY COUNCIL
EXTERNAL COMMITTEE APPOINTMENTS
This list offers a brief description of each of the external committees and their regular meeting dates, times and locations
California Cities for Self -Reliance Joint Powers Authorit DELEGATE: ALEJAI14DIRA CORTEZ ALTERNATE: IMAIRCO BAIRCEII4A Meetings: 3rd Wednesday of each month, 10:00 am
12616 Central Ave., Chino CA FOR 700 & AQI'JJ 234 i:111 ING RQIm;f")LPIRED The Cities for Self Reliance Joint Powers Authority was formed in July 2001 by the Cities of Bell Gardens, Commerce, Gardena and Hawaiian Gardens. In July 2006, the existing Cities of the JPA admitted the Cities of Compton and Inglewood as Members of the JPA. The JPA's purpose is as follows: "To promote and protect the card club gaming economy of the State of California and of the Member Cities of this JPA" California Contract Cities Association
DELEGATE: (Mayor automatic appointment) ALTERNATE: ALEJAI14DIRA CORTEZ Meetings: 3rd Wednesday of each month, 6:30 pm
17315 Studebaker Rd., Suite 210, Cerritos, CA 90703 AQi' 1234 i Illi..IlING RQlmif")LPIRQImiQC California Contract Cities Association (CCCA) is a collection of member cities united for a common cause. CCCA has grown from eight contracting or member cities to 67 member cities today with more than ten million residents. The general purpose of CCCA is to serve as a rallying point for cities contracting for municipal services so that we insure our constituents the best service at the minimum cost. Through municipal seminars, education, exchange of ideas and information, our association combines resources to influence policy decisions affecting our member cities.
California Joint Powers Insurance Authorit
DELEGATE: IMAIRCO BAIRCEII4A ALTERNATE: ALEJAI14DIRA CORTEZ Meetings: 4t" Wednesday of each month, 6:30 pm
Annual Board of Directors Meeting 3rd Wednesday in July, 7:00 p.m. 8081 Moody St., La Palma, CA 90623
Cities have joined together to form the CJPIA for the purpose of providing liability protection for their members. The CJPIA is one of the largest municipal self-insurance pools in the state. The members take an active role in determining the programs and services that will be provided. A Board of Directors, consisting of one elected official appointed by each member City, governs the CJPIA.
Eco-Rapid Transit
DELEGATE: ALEJAI14DIRA CORTEZ ALTERNATE: IMAIRCO BAIRCEII4A Meetings: 2nd Wednesday of each month, 6:30 pm
16401 Paramount Blvd., Paramount, CA 90723 i f"JRI 7i' 0 & Ai'J1234 i llli..11I G REf")LPIRED Eco-Rapid Transit is a joint powers authority (JPA) created to pursue development of a transit system that is time - efficient, uses grade separation, and is environmentally friendly. The transit system is designed to enhance and increase transportation options for riders. Advanced yet safe transit technology is used to overall expand economic growth that maximizes ridership in Southern California.
Updated 1/4/2022
Exhibit 2
142
Gateway Cities Council of Governments
DELEGATE: JOIRGEL CIHAVEZ ALTERNATE:ALEJAII4DIRA CORTEZ Meetings: Board of Directors —15t Wednesday of each month 5:30 p.m. 1-710 Committee EIR/EIS Project Committee (5t" Thursdays, 6:30 p.m.) 16401 Paramount Blvd., Paramount, CA 90723 10Rl 700 1:111 ING IREf")LPIIRED The Gateway COG consists of 27 cities in Southeast Los Angeles County and numerous unincorporated communities of the County. The County of Los Angeles and the Port of Long Beach are also member agencies. The core mission is improving the region's transportation, air quality, housing, and economic health.
Greater Los Angeles Countv Vector Control District
DELEGATE: IPEDIRO ACEIITiaU1140 (through Jan. 2023) ALTERNATE: 1140 ALTEIR114ATE 114EEDED Meetings: 2"d Thursday of each month, 7:30 p.m.
12545 Florence Ave., Santa Fe Springs, CA 90670 10RM 111' 0 & AB1234 1 1111..11ING IRL;f")LPIIRED A California governmental agency committed to promoting community health, comfort, and welfare through effective and responsive vector control. The staff of California -certified vector control professionals are experts in mosquito abatement operations, disease surveillance, and public health outreach. Protecting the health of the public in the 34 cities and areas of Los Angeles County served is our number one priority. We strive to accomplish our mission with care, courtesy, and professionalism.
Hub Cities Consortium
DELEGATE: IIVIAIRCO BAIRCE114A ALTERNATE: ALEJAI14DIRA CORRTEZ Meetings: 3rd Thursday of each month, 5:15 pm
2677 Zoe Ave. 2"d Floor, Huntington Park, CA 90201 10RM 171' 0 & AB1234 1 1111..11ING RQ1;f")LPIRED Hub Cities Consortium's (HCC) mission is to develop a world -class workforce by providing universal access to information and resources forjobseekers, businesses, and the community at large. By serving as the access point to workforce systems, empowering jobseekers, and by working with the business community to meet their needs, the HCC will advance the economic wellbeing of the region.
Indeoendent Cities Association
DELEGATE: IMAIRIIA IPULIIDO ALTERNATE: ALEJAI14DIRA CORRTEZ Meetings: 2"dThursday of each month, 7:00 pm
1049 Havenhurst Drive, #5 West Hollywood, CA 90046
Independent Cities Association is a nonprofit organization made up of 32 Southern California member cities focused on education, legislative advocacy, intergovernmental relationship and other major issues that exceed the boundaries of its member cities.
League of California Cities
DELEGATE: ALEJAI14DIRA CORRTEZ ALTERNATE: IIVIAIRCO BAIRCE114A Meetings: V Thursday of each month, 6:00 p.m. (Los Angeles County Division) Annual Conference
1400 "K" St., Suite 400, Sacramento, CA 95814 (Sacramento) P.O. Box 1444 Monrovia, CA 91017 (Los Angeles County Division) The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. The Los Angeles County Division is the largest of 16 regional divisions of the League of California Cities and is comprised of 86 cities in Los Angeles County, from the smallest in population (City of Vernon) to the largest (City of Los Angeles) of the state's 480 cities.
Exhibit 2
Updated 1/4/2022 2
143
Los Angeles Countv Citv Selection Committee
DELEGATE: (Mayor automatic appointment) ALTERNATE:
Meetings: Meets three or four times a year
Metropolitan Water District, 700 N. Alameda Street, LA, CA 90012 Their duties are to appoint City representatives to such Boards, Commissions and Agencies as may be required by law, i.e., LAFCC, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission. Members of the LA County City Selection Committee includes the Mayor of each city within Los Angeles County. Each city appoints an elected official as a delegate to the City Selection Committee; it usually is the Mayor. The term of office for each Member of the LA County City Selection Committee coincides with City Mayor terms, and the Committee meets three or four times a year, at the call of the Chairman.
Sanitation Districts of Los Angeles Countv (District No. 2 DELEGATE: (Mayor automatic appointment) ALTERNATE: JOIRGEL CHIAVE2 Meetings: 2nd & 4t" Wednesday of each month, 1:30 pm
1955 Workman Mill Rd., Whittier, CA 90607 i f"JRI 7J' 0 & AB1234 i:111 ING RQI";f"jLPIRQI";QD The Sanitation Districts protect public health and the environment through innovative and cost-effective wastewater and solid waste management, and in doing so convert waste into resources such as reclaimed water, energy and recycled materials. To maximize efficiency and reduce costs, the 23 Districts work cooperatively under a Joint Administration Agreement with one administrative staff headquartered near the City of Whittier. Each Sanitation District has a Board of Directors consisting of the mayor of each city, and the Chair of the Board of Supervisors for unincorporated territory within the District. Each District pays its proportionate share of joint administrative costs.
Southeast Area Animal Control Authoritv (SEAACA
DELEGATE: IMAIRCO BAIRCE114A ALTERNATE: ALEJIAI14DIRA CORTEZ Meetings: 3rd Thursday of each month, 2:00 p.m.
9777 SEAACA St., Downey, CA 90241 i f"JRI 7J' 0 & AB1234 i:111 ING RQi";f"jLPIRQi";VD Founded in 1975, SEAACA is a municipal joint -powers agency serving 13 cities in Los Angeles County. SEAACA provides Animal Services to the cities of: Bell Gardens, Bellflower, Buena Park, Downey, Lakewood, La Palma, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, South El Monte, South Gate and Vernon. SEAACA's Shelter and Animal Wellness Clinic are open to all.
Southeast Communitv Develooment Corooration
DELEGATE: JOIRGEL CHIAVE2 ALTERNATE: IMAIRCO BAIRCE114A Meetings: Quarterly, no set meeting date/time
6423 E. Florence Place Suite 103, Bell Gardens, CA 90201 The Southeast Community Development Corporation (SCDC), a non-profit organization, was incorporated on May 4, 1994 and was conceived from the realization that serious social and economic problems existed in the Southeast's eight member cities. Elected officials from the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon were brought together to address issues of economic development from a regional perspective. The SCDC was created on the belief that community problems must be solved by the community itself and is committed to utilizing resources within the community. With local funding sources the SCDC has continued to be a strong investment in the communities it serves.
Updated 1/4/2022 3
Exhibit 2 144
Southern California Association of Governments
DELEGATE: IMAIRCO BAIRCEII4A
ALTERNATE: JOIRGEL CHAVE7
Meetings: Executive Board and subcommittee meetings are called as necessary. The General Assembly is held once a year on the first Thursday and Friday in May. 900 Wilshire Blvd., Ste. 1700, Los Angeles, CA 90017 i ORl 200 i:111 ING Ralm;QLPIRED SCAG is the nation's largest metropolitan planning organization, representing six counties, 189 cities and more than 19 million residents. SCAG undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California now and in the future. Under the guidance of the Regional Council and in collaboration with its partners, SCAG's mission is to facilitate a forum to develop and foster the realization of regional plans that improve the quality of life for Southern Californians.
Updated 1/4/2022 4
Exhibit 2 145