In addition, by November 4, 2021, all on -site employees must provide their employer with proof of full vaccination against COVID-19.8
g) Nightclubs and Lounges. Effective October 7, 2021, nightclubs and loungesg that are open only to persons 18 years of age or older, must require patrons and on -site personnel to provide proof of their COVID-19 vaccination status for entry. Between October 7 and November 3, 2021, patrons must provide proof they have received at least one dose of COVID-19 vaccination for entry into the facility to obtain indoor service at a nightclub or lounge. Beginning November 4, 2021, all nightclubs and lounges must require patrons to provide proof of full vaccination for entry into the facility to obtain indoor service. Patrons who do not provide proof of full vaccination against COVID-19 may be served in outdoor portions of the facility, where the risk of exposure to COVID-19 is less 8 On -site employees of the bars, breweries, wineries, distilleries, nightclubs and lounges may be exempt from the vaccination requirements only upon providing their employer, a declination form, signed by the individual stating either of the following: (1) the worker is declining vaccination based on sincerely held religious beliefs, or (2) the individual is excused from receiving any COVID-19 vaccine due to Qualifying Medical Reasons.
a. To be eligible for a Qualified Medical Reasons exemption the individual must also provide to their employer a written statement signed by a physician, nurse practitioner, or other licensed medical professional practicing under the license of a physician stating that the individual qualifies for the exemption (but the statement should not describe the underlying medical condition or disability) and indicating the probable duration of the worker's inability to receive the vaccine (or if the duration is unknown or permanent, so indicate).
See the most updated version of the CDC's Interim Clinical Considerations for Use of COVID-19 Vaccines guidance. b. If an operator of a bar, brewery, winery, distillery, nightclub or lounge deems its on -site employee to have met the requirements of an exemption, the unvaccinated exempt employee must meet the following requirements when entering or working in such facility:
a. Test for COVID-19 at least once per week with either polymerase chain reaction (PCR) or antigen test that either has Emergency Use Authorization (EUA) by the U.S. Food and Drug Administration or be operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services. b. Wear a surgical mask or higher -level respirator approved by the National Institute of Occupational Safety and Health (NIOSH), such as an N95 filtering faceplece respirator, at all times while in the bar, brewery, winery, distillery, nightclub or lounge.
® Nightclub means a commercial establishment dispensing beverages for consumption on the premises and in which dancing is permitted or entertainment is provided, and/or has as its primary source of revenue (a) the sale of alcohol for consumption on the premises, (b) cover charges, or (c) both. A lounge is defined as a business that operates primarily for the preparation, sale, and service of beer, wine, or spirits. Minors are not allowed in a lounge.
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 13 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/10/2022
Exhibit 3 613
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH A S ANGELE8 ORDER OF THE HEALTH OFFICER A 01
Public Health
likely when compared to indoors. Nightclubs and lounges must comply with the Guidance for _Verifying Proof of COVID-19 Vaccination and Guidance for Verifying Proof of a Negative COVID-19 Test 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 8).
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.
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 be at 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 Signifcant Risk Reduction Measures Exhibitl`�vised 1/10/2022 614
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTY of Lo, ANoEus ORDER OF THE HEALTH OFFICER I �( Public Health
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 9, 2022, there have been at least 1,967,443 cases of COVID-19 and 27,785 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 January 3, 2,022, the 7-day average daily case rate is now at 262.5 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 16.5 million vaccine doses have been administered and nearly 7 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 Signifeant Risk Reduction Measures Exhibit �evised 1/10/2022 615
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH - COUNTY OF IOS ANGELES ORDER OF THE HEALTH OFFICER Public Health
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 (WM . ublichealth.lacount av), (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 (Www�ublichealth.lacount ov) 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 A Safer Economy, Page 16 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures ExhibitF&vised 1/10/2022 616
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTY OF Los ANOELES ORDER OF THE HEALTH OFFICER Public 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 on Tuesday, January 11, 2022 and will continue to be until it is revised, rescinded, superseded, or amended in writing by the Health Officer. 4�2 Av'raw
Muntu Davis, M.D., M.P.H.
Health Officer,
County of Los Angeles
1/10/2022
Issue Date
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 17 of IS High Transmission —Encouraging COVID-1 9 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Exhibit gevised 1/10/2022 617
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH 4 F Los ANGEL S iaflc With
ORDER OF THE HEALTH OFFICER
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:
htt, lov/meadiia//LC,(oronavirus/index.htm
p ublichealth.lacounty.gqyLM . ....... . .... . ____
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 1/3/2022] AppendixTl: Reopening Protocols for K-12 Schools [Revised 1/4/2022] AppendixT2: Protocol for COVID-19 Exposure Management Plan in K-12 Schools [Revised 1/4/2022]
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 ExhibiMvised 1/10/2022 618
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: 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: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council consider adopting the attached Resolution affirming the City's opposition to "California 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.
A new initiative, the California Legalize Sports Betting and American Indian Lands Initiative, seeks to change the California Constitution to allow tribal casinos to offer sports wagering and legalize other casino games thereby expanding their gaming exclusivity for craps and roulette with no specified taxes being paid to state or local governments. This initiative would allow tribal casinos and others to hire private trial lawyers and replace the role of the Attorney General to sue their non - tribal competitors and allow frivolous lawsuits that will negatively affect cardrooms such as The Bicycle Hotel & Casino and cities that rely on the tax revenues from cardrooms.
The California Gaming Association (CGA), a trade association of licensed cardrooms and vendors oppose the measure because it contains language that would benefit Native American Casinos and subject other California card clubs to increased and costly baseless litigation.
The fiscal analysis by the independent Legislative Analyst's Office found the tribal casino's monopoly on sports betting compared to other initiatives would result in a loss of hundreds of millions of dollars each year in taxes for the state that could go toward local programs.
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 619
affects cardrooms in communities that greatly depend on them.
CONCLUSION:
The initiative negatively affects cardrooms in communities that greatly depend on them. Cardrooms are a critical economic engine in our city and the taxes and funds they provide are essential for our city's ability to provide critical funding for city programs and services that residents rely on. Cardrooms are a major employer of residents in our city and in our neighboring communities that provide additional general fund contributions and any initiative or policy that will harm cardroom revenues will also negatively impact our community and residents.
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 620
RESOLUTION NO. 2022-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, REAFFIRMING THE CITY'S OPPOSITION
TOTHE INDIAN LANDS INITIATIVE RELATED TO SPORTS BETTING
AT AMERICAN INDIAN GAMING CASINOS AND LICENSED
RACETRACKSIN 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"). The Act would have authorized sports betting, including online or mobile sports betting, for horse race tracks and federally recognized "American Indian" tribes; WHEREAS, a new initiative, the California Legalize Sports Betting, and American Indian Lands Initiative, seeks to change the Constitution to allow tribal casinos to offer sports wagering and legalize other casino games thereby expanding their gaming exclusivity for craps and roulette with no specified taxes being paid to state or local governments;
WHEREAS, this initiative would allow tribal casinos and others to hire private trial lawyers and replace the role of the Attorney General to sue their non -tribal competitors and allow frivolous lawsuits that will negatively affect cardrooms such as The Bicycle Hotel & Casino and cities that rely on the tax revenues from cardrooms; WHEREAS, cardrooms are a critical economic engine in our city and the taxes and funds they provide are essential for our city's ability to provide critical funding for city programs and services that residents rely on;
WHEREAS, cardrooms are a major employer of residents in our city and in our neighboring communities that provide additional general fund contributions and any initiative or policy that will harm cardroom revenues will also negatively impact our community and residents;
WHEREAS, the California Gaming Association (CGA), a trade association of licensed cardrooms and vendors oppose the measure because it contains language thatwould benefit Native American Casinos and subject other California card clubs to increased and costly baseless litigation;
WHEREAS, the fiscal analysis by the independent Legislative Analyst's Office found the tribal casino's monopoly on sports betting compared to other initiatives would result in a loss of hundreds of millions of dollars each year in taxes for the state that could go toward local programs; and
WHEREAS, the City of Bell Gardens would like to 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 Exhibit 1 621
Resolution No. 2022-05
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 BeliGardens 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 14t" day of February, 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 1 622
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: Hailes H. Soto, Senior Management Analyst
SUBJECT: RESOLUTION TO OPPOSE STATE BALLOT MEASURE RESTRICTING
VOTERS' INPUT AND LOCAL TAXING AUTHORITY
DATE: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council consider adopting the attached Resolution affirming the City's opposition to Initiative 21-0026A1, a State ballot measure restricting voters' input and local taxing authority.
BACKGROUND/DISCUSSION:
In 2018, the "Tax Fairness, Transparency and Accountability Act" or AG# 17-0050 Arndt. #1, was circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. Through the successful work and advocacy of the League of California Cities and its coalition partners, the measure's proponents, the California Business Roundtable (CBRT), withdrew the initiative from the ballot in June 2018.
On January 4, 2022, CBRT filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations.
During its December 23, 2021 meeting, the League of California Cities Board of Directors voted unanimously to oppose Initiative 21-0026A1. Following the Board's unanimous decision, a coalition of public safety, labor, local government and infrastructure advocates have joined together to fight against this measure. With the Attorney General set to release the Title and Summary soon, the coalition announced their opposition in a media release. The proponents will need to submit nearly 1 million signatures in order to qualify for the November 2022 ballot and the Secretary of State's recommended date to turn in signatures is only 3 months away, April 29, 2022.
CONCLUSION:
The Taxpayer Protection and Government Accountability Act - Initiative No. 21-0042A1 limits the voters' input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.
FISCAL IMPACT:
None.
ATTACHMENTS:
623
Exhibit 1
- Resolution No. 2022-13
Exhibit 2
- Fact Sheet
Exhibit 3
- Fiscal Analysis
Exhibit 4
- Legal Analysis
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 624
RESOLUTION NO. 2022-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AFFIRMING THE CITY'S OPPOSITION TO INITIATIVE 21-0042A1, A STATE BALLOT MEASURE RESTRICTING
VOTERS' INPUT AND LOCAL TAXING AUTHORITY
WHEREAS, an association representing California's wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources;
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
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 Initiative 21- 0042A1.
SECTION 3. The City of Bell Gardens will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.
Exhibit 1 625
Resolution No. 2022-13
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. The City Clerk shall email a copy of this adopted resolution to the League of California Cities at [email protected].
PASSED, APPROVED, and ADOPTED this 14t" day of February, 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 1 626
LEAGUE OF
%1 Aiii,,,, FORNIA
TMS
Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California's wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here's why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:
Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources - shifting the burden and making individual taxpayers pay more.
Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.
Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more.
It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.
Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.
Exhibit 2 627
LEAGUE OF
i iMS
Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.
Exhibit 2 628
Rev January 7, 2022
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
• Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use. • Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
• Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. • The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
• Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.
1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
• Prohibits advisory, non -binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures. • Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
• Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
• Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.
Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
I 7 1 ;Ie R ya1e I aY1e Da°vis, a. 956`16 6616
Exhibit 3 629
— 2 — rev January 7, 2022
• Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023. 1_o4I 'Tax and Bonci MeaSUres,, ahforni
1"ties,, Countes, Spedal D�strk1s, Schos
ii u � it
I u
r100 IU it
0 ;1d.,OS ,"6.liCY;p ,w4, 10 "101 1i:;&:11 '101 3 )014 20h, 20:16 ,FM/ 20HO, v'.1:I 9 >01110
1.a. Number of Measures and Value of Local Taxes at Risk' In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).
Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).
Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except • Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail. • Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non -binding measure as to use of tax proceeds. • Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.
Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.
Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices.
Exhibit 3 630
-3— rev January 7, 2022
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts .2
1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.
2. "Exempt Charges" (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
• Subjects new fees and charges for a product or service to a new "actual cost" test defined as "(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, "reasonable" standard.
• Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, "reasonable" test. • Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged. • Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.
2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties .4
Major examples of affected fees and charges are:
1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
2. Commercial franchise fees.
3. Emergency response fees - such as in connection with DUI.
4. Advanced Life Support (ALS) transport charges.
5. Document processing and duplication fees.
6. Transit fees, tolls, parking fees, public airport and harbor use fees.
7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.
In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison.
Exhibit 3 631
— 4 — rev January 7, 2022
local law at risk, making them taxes subject to voter approval under certain circumstances.
2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development.
Exhibit 3 632
Ic ii,,,,J F O R N hk
°iMES
0 The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters' input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.
Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.
Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be "reasonable" which must be proved by "clear and convincing evidence."
• Except for licensing and other regulatory fees, fees and charges may not exceed the "actual cost" of providing the product or service for which the fee is charged. "Actual cost" is the "minimum amount necessary." The burden to prove the fee or charge does not exceed "actual cost" is changed to "clear and convincing" evidence.
Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
Exhibit 4 633
l W"A('3U I 0." F
Ic ii,,,,J F O R N hk
°iMES
0 Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.
Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.
Exhibit 4 634
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 10.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT: AWARD OF CONTRACT FOR THE WATER, SEWERAND ELECTRICAL
UTILITY INSTALLATION FORA PRE -FABRICATED RESTROOM AT ABC FIELD (CIP# 3906)
DAT E: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1 ) Award a construction contract to Zusser Company, Incorporated, in the amount of $205,292.10 for the Water, Sewer and Electrical Utility Installation for a Pre -Fabricated Restroom at ABC Field — C.I.P.
No. 3906; and
2) Authorize staff to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the construction contract; and
3) Appropriate the amount of $268,385 from the General Fund to cover the additional project costs.
BACKGROUND/DISCUSSION:
The Public Works Department has completed the bid process for the utility installation and site preparation for the installation of the new pre -fabricated restroom structure that will service the ABC sports field.
The project scope of work consists of furnishing all materials, equipment, tools, labor and incidental as required by the plans, specifications, and contract documents to install the water service, electrical service and sewer service to create a functioning restroom. The new sewer service requires the installation of 170 lineal feet of sewer main through the parking lot under the cistern project location. The project also includes site improvements that provide access from the ABC field and ADA compliant access around the restroom, from the field and parking lot. The ADA compliant access includes new concrete curb, gutter and sidewalks, and new asphalt paving. The contract specifications indicate the contractor shall complete all work within thirty (30) working days.
Upon completion of this work, the pre -fabricated restroom will be installed. The restroom unit was procured by the Recreation & Community Services Department last year.
Bid Solicitation:
635
On November 10, 2021, the City Council approved the plans and specs and authorized staff to issue a bid solicitation for the construction of this project. On November 17, 2021, the City conducted a mandatory pre -bid meeting and only one (1) contractor attended the meeting.
Subsequently, the City decided to cancel the bid and reissue after the holidays.
On January 13, 2022, staff re -published the Notice Inviting Bids and conducted a mandatory pre - bid meeting on January 20, 2022 with three (3) contractors in attendance. On January 31, 2022, three bids were received as follows:
Bidders Bid Amount
Zusser Company I nc. $205,292.10
CEM Construction $208,670.00
PUB Construction $224,500.00
Staff conducted a review of the apparent lowest bidder Zusser Company, Inc, including a review of the license, D I R Registration, and references. Zusser Company's is the lowest responsive and responsible bidder. Therefore, staff recommends award of the construction contract to Zusser Company, I nc. in the amount of $205,292.10.
Staff respectively requests that the City Council by motion award a construction contract to Zusser Company, Inc., in the amount of $205,292.10 for the construction of the Water, Sewer and Electrical Utility I nstallation for a Pre -Fabricated Restroom at ABC Field, C.I.P. 3906 and authorize staff to execute the construction contract and approve up to 10% of the contract amount for any potential change orders.
CONCLUSION:
If Council approves the construction contract, it is anticipated the contractor will begin work in March 2022, with completion of the project in April 2022. The restroom structure will be installed by May 2022.
FISCAL IMPACT:
The City's budget does not include any funds for this portion of the project. Only the restroom purchase we budgeted at a cost of $149,988. Staff requests an additional funding appropriation in the amount c $268,385 to be able to complete the work.
The estimated project expenditures are as follow:
.... .... .... .... .... .... .... .... .... .... .... .... .....
New Pre -fabricated Restroom
Desian (9%)
Project Management (2%)
Construction Management & Inspection (7.5%)
Funding Administration (1.5%)
Construction Award
Labor Compliance (actual cost)
Contingency (10%)
Publication
ESTIMATED PROJECT COST
$19,153
$4,256
$15,961
$3,192
$205,292.10
TBA
$20,530
$ 600
$418,372.10
636
ATTACHMENTS:
Exhibit 1 - Construction Contract
Exhibit 2 - Bid Packet
Exhibit 3 - Map
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 637
CITY OF BELL GARDENS
CONSTRUCTION CONTRACT AGREEMENT
FOR
WATER, SEWER AND ELECTRICAL UTILITY INSTALLATION FOR A
PREFABRICATED RESTROOM AT ABC FIELD
FY 2021-2022
C.I.P. NO. 3906
IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, "Contract") is made and entered into this day of 2022 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY') and ZUSSER COMPANY, INCORPORATED (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 as appropriate.
RECITALS
WHEREAS, CITY requires public works construction services for the water, sewer and electrical utility installation for a pre -fabricated restroom at ABC Field — C.I.P. NO. 3906 (hereinafter, the "Project"); and
WHEREAS, CITY issued notice inviting competitive bids for the Project on January 13, 2022; and
WHEREAS, following the opening of bids on January 31, 2022, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and CONTRACTOR agree as follows:
ARTICLE I (CONTRACT DOCUMENTS)
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements (hereinafter "Contract Documents") clarifying, or extending the work contemplated as may be required to ensure its Exhibit 1 638
completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II (WORK TO BE PERFORMED)
The CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner the Project, as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.
ARTICLE III (CONTRACT PRICE)
CITY agrees to pay, and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of TWO HUNDRED FIVE THOUSAND TWO HUNDRED NINETY-TWO DOLLARS TEN CENTS ($205,292.10) for the Project (hereinafter, the "Bid Price"). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
As authorized by the City Council at its Regular Meeting of February 14, 2022, subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Bid Price. Any such additional expenditures must be approved by the City Manager or designee in writing before they may be incurred.
ARTICLE IV (NOTICE AND SERVICE THEREOF)
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
Exhibit 1 639
(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:
City of Bell Gardens
Public Works Department
Attn: Public Works Director
Bell Gardens City Hall
7100 Garfield Avenue
Bell Gardens, CA 90201
(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:
Zusser Company Inc.
28 Palisade Drive, #504
Los Angeles, CA 90272
Attn: Larisa Sass
Phone: (310) 230-6808
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ARTICLE V (INSURANCE)
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensations, or to undertake self- insurance in accordance with the provisions of that code and certified compliance with such provisions.
CONTRACTOR agrees to indemnify, defend and hold harmless CITY and all if its officers and agents from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. The liability insurance coverage values shall be:
Insurance Coverage Requirements Limit Requirements
Exhibit 1 640
Comprehensive General Liability $1,000,000
Product/Completed Operations Hazard $1,000,000
Comprehensive Automobile Liability $1,000,000
Contractual General Liability $1,000,000
Worker's Compensation Statute
A combined single -limit policy with aggregated limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits.
The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.
Acceptable insurance coverage shall be placed with the carriers admitted to write insurance in California or carriers with a rating of or equivalent to A-Vill by A.M. Best & Co. Any deviation from this rule shall require specific approval, in writing, from the CITY.
Insurance shall name the City of Bell Gardens, its officers, agents, and employees, including INFRASTRUCTURE ENGINEERS, as additional insured by endorsement of the CONTRACTOR's policy. A copy of the endorsement, showing policy limits, shall be provided to the CITY on or before signing this contract.
ARTICLE VI (EXECUTION)
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.
ARTICLE VII (COMPLETION DATE)
The total contact time for completion of this project is thirty (30) working days from the effective date of notice to proceed to be issued by the Agency.
The liquidated damage for this project is two hundred fifty dollars ($250.00) per calendar day for each calendar day the project is not completed to the satisfaction of the CITY within the contract time including any extension of time granted by the CITY.
ARTICLE VIII (RECORDS & AUDITS)
The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds. These records will be made available for audit purposes to the CITY or any authorized representative and will be retained for 5 years after the expiration of this contract unless permission to destroy them is granted by the CITY.
Exhibit 1 641
ARTICLE IX (PREVAILING WAGES)
(a) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. (b) By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (contractor registration).
(c) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to the CITY, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CONTRACTOR or by a subcontractor. (d) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which requires CONTRACTOR and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the Agency of the location of the records.
The CONTRACTOR is responsible for compliance with Section 1776 by itself and all of its subcontractors.
(e) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that the CONTRACTOR is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(f) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the CITY. The CONTRACTOR shall, as a penalty to the Agency, forfeit twenty-five dollar ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day or portion thereof during which such 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 of the provisions of Division, 2, Part 7, Chapter 1, Article 3 of the California Labor Code. The CONTRACTOR may, with the approval of the City Engineer, use his employees to carry out work on the project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:
• Week days (Monday through Fridays) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty- eight (48) hours work in a seven (7) day period week at one and one - Exhibit 1 642
half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
• Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period. (g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to under 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."
ARTICLE X (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime contractor or subcontractor to pay any subcontractor not later than 10 days of receipt by the Contractor of each progress payment, unless otherwise agreed to in writing.
(SIGNATURES ON NEXT PAGE)
Exhibit 1 643
IN WITNESS THEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20
Contractor:
(Signature)
Name and Title (Printed)
Contractor's License No. License Class
AGENCY Business License No.
Federal Tax Identification No.
Subscribed and sworn to this day of , 20
NOTARY PUBLIC
AGENCY:
Attested:
Date
Approved as
to form:
Mayor of the City of Bell Gardens
City Clerk of the City of Bell Gardens
City Attorney of the City of Bell Gardens
Exhibit 1 644
Date
Exhibit 1 645
FAITHFUL PERFORMANCE BOND
FOR
WATER, SEWER AND ELECTRICAL UTILITY INSTALLATION FOR A
PREFABRICATED RESTROOM AT ABC FIELD
FY 2021-2022
C.I.P. NO. 3906
IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that , as
CONTRACTOR and , a corporation
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of Dollars ($ )
which is 100 percent of the total contract amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of , 20
NOTARY PUBLIC
Exhibit 1 646
Provide CONTRACTOR/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative.
Exhibit 1 647
MATERIAL AND LABOR BOND
FOR
WATER, SEWER AND ELECTRICAL UTILITY INSTALLATION FOR A
PREFABRICATED RESTROOM AT ABC FIELD
FY 2021-2022
C.I.P. NO. 3906
IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that ,
as CONTRACTOR, and a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held firmly bound unto the City of Bell Gardens, as AGENCY , in the penal sum of
Dollars ($ ) which is 50 percent of the total contract
amount for the above -stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said altercations is hereby waived by SURETY.
IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this day of , 20
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of , 20
NOTARY PUBLIC
Exhibit 1 648
Provide CONTRACT/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative.
Exhibit 1 649
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY EACH AWARDEE OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA )
)ss
COUNTY OF )
being first duly sworn, deposes and says that he is
(sole owner, a partner, president, etc.)
of , the party making
the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to submit a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any bidder, or to secure any advantage against the public body awarding the Contractor or anyone interested in the proposed contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection there with to any corporation, partnership, company, association, organization, bid depository or to any member or agency thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in his general business.
Subscribed and sworn to before me this
Notary Public
Signed
Title
day of , 20_.
Exhibit 1 650
Project Name: Water, Sewer and Electrical Utility Installation for a Pre -Fabricated Restroom at ABC Field
Project ID: C.I.P No. 3906
Construction Duration: Thirty (30) Working Days
Sealed Bid Due Date at City Clerk: January 31, 2022 at 11:00 am Contact: Douglas Benash, PE, QSD
Phone: 626.203.2849
E-Mail: [email protected]
MIN
January 20, 2022
Revised
TO ALL BIDDERS:
The following addendum provides the following information to be incorporated into the bid documents per this Addendum.
1. MANDATORY PRE -BID MEETING SIGN IN SHEET:
Attached is the sign in sheet from today's mandatory pre -bid meeting. The attendees noted on the sign in sheet will be the only contractors eligible to submit a bid for the project.
2. REQUEST FOR INFORMAI!QN_LRE!)j
All RF1's shall be submitted NO Later than Noon on January 26, 2022. NO RF)s will be accepted after this time and date. This will allow for issuance of an addendum if required prior to the bid date.
3. ADDITIONALLY INSURED:
Due to the field conditions of the sewer main extension entering to project site of Zusser Company, the successful contractor shall provide an additional insurance certificate naming Zusser Company as additionally insured. All Exhibit 2 651
12 Utility Install Pre -Fabricated Restroom ABC Field, CIP No 3906 Addendum No.1
costs associated with this insurance requirement shall be incorporated into the listed bid items accordingly.
4. SEWER MAIN INSTALLATION:
The sewer main construction shall be scheduled for completion on Saturday and Sunday due to project conflicts with the Zusser Project delivery of concrete storm chambers
No other conditions in the bid documents are changed.
Please sign below and attach this "ACKNOWLEDGMENT OF RECEIPT", Addendum No. 1 BID submittal documents. Thank you for your cooperation.
Douglas Benash, P.E
City Engineer
Date
Exhibit 2 652
WATER, SEWER AND ELECTRICAL UTILITY INSTALLATION FOR A
PREFABRICATED RESTROOM AT ABC FIELD
IN THE CITY OF BELL GARDENS
TO THE CITY OF BELL GARDENS, as AGENCY
In accordance with AGENCY'S Notice Inviting Sealed Bid, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above -stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump -sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE
OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump -sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates by the dates stablished by the agency after the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Exhibit 2
BID SCHEDULE
WATER, SEWER AND ELECTRICAL UTILITY INSTALLATION FOR A
PREFABRICATED RESTROOM AT ABC FIELD
IN THE CITY OF BELL GARDENS
Item
No. -
Description *
Estimated
Quantity
Unit
Unit
$
Extended
Amount $
1 Mobilization/ Demobilization (Not to exceed 3% of total of all other prime contract Bid Items)
1 LS
_Price
2 Clearing and Grubbing
1 LS
Q
3 Sawcut and Remove Existing Concrete Curb
80 LF
0 4
Unclassified Excavation
30 CY
000 eY
� q f `
5 Grading
1 LSI
1 �/ ox
6 Sawcut and Remove Existing AC Pavement, Base,
10 CY
-7 r
Subc rade
j 7
Remove Existing Chain Link Fence
5 LF
00 02
8 Construct 4 Thick Concrete Sidewalk
970 SF
9 Construct 6" Thick Concrete Sidewalk
110 SF
10 Construct Concrete Pad
210 SF
0 0 /
r
11 Construct Prefabricated Restroom Foundation
345 SF�0�%
��
12 Construct Concrete Curb
80 LF
13 ...... .. .
Construct Concrete Curb Ramp
_ ...._.._ _ ..... __ _
1 EA
...
o—�
14 Furnish and Install Detectable Warning Surface
1 EA
0 vp
U�
wo
15 Construct Crushed Miscellaneous Base (CMB)
20 TON
16 Furnish and Install New Chain Link Fence Gate and Post 1 LS
o
-7 000 *0
7(
17 Furnish and Install New Electrical and Necessary
—
1 LS___
._.;...
OCO
r ....
_..
Appurtenances for Restroom Connection
....... ._...w._ _
_ —__-.
_....
18 Furnish and Install New Sewer Lateral and Necessary
Appurtenances for Restroom Connection including traffic 1 LS
V,Q00
60` 000
rated cleanout.
Furnish and Install New Water Lateral and Necessary
/
G� r
19 for RestroomConnection
1 LS.
6t 0
_
aurtenances _. __....
_...__
20 Construct Decomposed Granite (4° Thick)
140 SF
Q
71 Exhibit 2 6S4
Item
No.
Description *
21 Furnish and Install Public Improvement Project Sign
Estimated Unit Unit Extended
Quantity Price $ Amount $
1 EA r 00 t 600
TOTAL AMOUNT IN WORDS BASE BID: ga4s / e
do 11 ktoe
DOLLARS.
mpany Name
All work of this project sftfill be completed within thirty (30) working days of the effective date of the Notice to Proceed to be issued by AGENCY, including five (5) working days for Mobilization and twenty-five (25) working days for Construction. >
del,
Bidoeeg-Signature
Company Name V
If the City determines to award a contract for this Base Bid, or Base Bid and Alternate Bids or Alternate Bids only, the City's determination will be based on the best interest of the City.
Exhibit 2 61%5
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work that are in excess of one-half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows:
Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer.
Exhibit 2 6fflh
REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER had performed similar work within the past 2 years:
1.— Name and Address of Owner Sa alla-ah-e-pl
Name and telephone number of person familiar with project Contract amount Type of work Date completed
2.— Name and Address of Owner
Name and "— —telep one —number of person familiar with project Contract amount Type of work Date completed
3.— Name and Address of Owner
Name and telephone number of person familiar with project Contract amount
Type of work
Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
—TAS ke"ce.., -fX W -Z�Kale "ce Ma- Mq-9,/0'
561�7 Woasavcl Oaerg (W'dot _ 91,3
130 1101'2— 10�'JZR &(J17 WUM
C)Yd'00 c4ZI-SaIn 4a IWIS'SY b.-n t1l7ei VC2 1� P/
0 Exhibit 2 61A
Praect References:
Project Name:
Agency:
Agency Address:
Agency Phone:
Project Address:
Project Dates:
Contract Amount:
Contact Person:
Phone:
Email:
Scope:
Project Name:
Agency:
Agency Address:
Agency Phone:
Project Address:
Project Dates:
Contract Amount:
Contact Person:
Phone:
Email:
Scope:
John Anson Ford Park Infiltration Cistern
City of Bell Gardens - Public Works
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700
John Anson Ford Park, 800 Park Lane, Bell Gardens, CA 90201 1 /2020 — 4/2021
$16,700,000
Chan Vu (Director of Public Works)
562-806-7770
cvu� bellaardens.org
Excavation and backfilling, construction of Subsurface Infiltration Cistern, Pretreatment unit, reinforced concrete box culvert, concrete vaults, storm drain, sewer, removing and reconstructing AC Pavement, park restoration, park monument sign, landscape and irrigation system, flat concrete Fire Station 42 Retaining Wall and Foundation Remediation Orange County Fire Authority
1 Fire Authority Road, Irvine, CA 92602
714-573-6000
19150 Ridgeline Road, Lake Forest, CA 92679
5/2019 — 10/2019
$860,000
Christopher De Coursey (Construction Manager)
714-573-6473
[email protected]
Demolition of existing masonry retaining wall. Grading, slope excavation, backfill and compaction. Installation of a new gravity retaining wall and drainage elements. Stabilization of existing station concrete foundation and slab.
Project Name:
Point Dume Staircase Replacement
Agency:
California Department of Parks and Recreations
Agency Address:
One Capitol Mail, Suite 410, Sacramento, CA 95814
Agency Phone:
916-445-8843
Project Address:
29300 Cliffside Drive, Malibu, CA 90265
Project Dates:
6/2018 — 12/2019
Contract Amount:
$3,600,000
Contact Person:
Roger Cooper
Phone:
619-221-4366
Email:
Scope:
[email protected]
Remove existing stairway and construct a new timber and concrete stairway.
Build cast -in -drill concrete and encased timber pole foundation supports with topside landings and beach landings oriented to serve the primary path of travel.
Create a short ADA trail with imported and native material and supported by timber restaging walls
Exhibit 2
1 658
Project Name:
Clean Closure of the Cruickshank Road Illegal Disposal Site Agency:
Imperial County
Agency Address:
940 West Main Street, El Centro, CA 92243
Agency Phone:
805-654-2039
Project Address:
Central Drain and Cooley Road, El Centro, CA 92243
Project Dates:
6/2018 — 5/2019
Contract Amount:
$8,100,000
Contact Person:
John Gay (Director of Public Works)
Phone:
442-265-1836
Email:
[email protected]
Scope:
Remove waste and impacted soil from site and re -grade to a uniform surface.
Removal, transportation and disposal of Cal-Haz waste and non -hazardous waste. Earthwork to final grade. Onsite processing of existing onsite concrete and placement of reclaimed concrete.
Project Name:
Agency:
Joint Water Pollution Control Plant Demolition of Digestion Tanks MLK County Sanitation District of Los Angeles
Agency Address:
1955 Workman Mill Road, Whittier, CA 90607
Agency Phone:
562-699-7411
Project Address:
24501 S. Figueroa Street, Carson, CA 90745
Project Dates:
7/2018—10/2019
Contract Amount:
$3,700,000
Contact Person:
Russ Vakharia (Project Manager)
Phone:
310-830-8050
Email:
[email protected]
Scope:
Demolition of the existing Digestion Tank KLM and ancillary facilities, including removal and disposal of existing residuals within tanks. Demolition of existing mechanical piping and equipment, above- and below -grade reinforced concrete structures. Removal and relocation of existing yard piping and electrical equipment. Backfill to match existing grade.
Project Name:
Recycled Water Storage Pond Relining, Pond No. 1/2
Agency:
Rancho California Water District
Agency Address:
42135 Winchester Road, Temecula, CA 92589
Agency Phone:
951-296-6900
Project Address:
Elm Street and Douglas Avenue, Murrieta, CA 92562
Project Dates:
7/2018—1/2019
Contract Amount:
$3,000,000
Contact Person:
Chris Haney (Inspector)
Phone:
951-365-4256
Email:
[email protected]
Scope:
Demolition and disposal of existing surface debris, polypropylene and geotextile liners, reinforced concrete and appurtenances. Pond surface preparation, grading, excavation. Install reinforced geomembrane and geotextile along the slopes and bottom of Pond. Construct reinforced concrete dewatering sump, fiberglass grating, liner anchorage and related work. Mechanical and electrical. 2 Exhibit 2
659
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
NONCOLLUSION AFFIDAVIT
BIDDER declares that, the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion orfraud.
Exhibit 2 60
BIDDER certifies that the following information is true and correct:
Bidder's Name AN
Business Address
Telephone do"10_ 071#0— 10/0/
State Contractor's License No. and Class 6P6 yo?IC
Original Date Issued-----��,006 Expiration Date ? v t��.3 The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal (use additional 8 Y2" x 11" sheets if needed):
' 'a ctSG elegygttl r e ro S-V , s ,' le j9 Poo?
The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venturer of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venturer are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
RM
(76a / 2 t isa- -a-s-�g - ��N v 7
1wWai.
Exhibit 2 60
IN WI MESS WHEREOF, BIDDER executes and submit this proposal with the names, -title, hands, and seal of all forenamed principals 'this day ofla", 20_g�j —71
BIDDER e'Cv6a
The undersigned declares under penalty of perjury under the laws of the State of Cakfoirnia that the representafions, made here -to are true and correct. dr T'Representative
i::1flinted IName
7"f/'0�6 -/
Subscribed and s%
NOTARY PUBLIC
Exhibit 2 60-4
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1
Signature of Document Signer No. 2 (if any)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document towhichthis certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
41 County of .. `? ~
O0 JEANETTE CALLOWAY
° Notary Public - California
Los Angeles County q
I°N\P
Commission tt 2246639
My Comm. Expires Jun 18, 2022
Subscribed and sworn to (or affirmed) before me
on this �q!L day of Ckn q 20 2:k-
by Date Month Year
(1)
(and (2) ),
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
to beAbe person(s) s who appeared
p pp red before me.
Signature
Signature of Notary Publi�
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 45910 Exhibit 2 663
M
KNOW A�L PERSONS By THESE PRESENTS that _ZUgWq���.
as 131 DDER, Company
corporation WqAftizW and exjsti��I unO a
duly authorized to transact 0T.1ril e, laws of e State
business under the laws Of the State of Califomia, as
SURETY, are hold an�d firmly bound, unto the: City
;tenal Slum of —T Porcen;t of the Total . Bid Amount of $ell Gardens, as AGENCY, in the ten
998MPHIt ), vvhich is jF� FTHOT'.(1) percent of f 0the tot A,GtN11111 it:�' the abOve-Stated project, al amount bid by : BIDDER tt for the PaYM001 of which sum, SIDDER and
SURETY Oqree to be bound, jointly and severally,, firmly by thesepresents.
THE " CONDITIONS OF, THIS 0BLIGATIONARE SUCH
IN WITNESS WHEREOF the pades hereto have set their names, es, hands, and sealls thtkS-1&tL_daY*f—A--!y_ 2022 --P-Wsuf
INC., 528 Palisades Drive Suite #504, Los Angeles, CA
M
nj
Subscribed lmn
CEDAR
Drive, Suite 160, Mission Viejo, CA Mtl;
210
NOTARY POBLIC
Provide SIDDERVADmITTED SURETY name, address, title a;nd telephone, number and the name,, title,. address, and telephone number of amdzed representative, 14000
is
Exhibit 2 664
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
___ _.._ .... _.....
_.__._ .. _ _® __.._..........
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County 9 of Orange
On before me, Christine Hoang
Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene L
CHRIS* HOANG
Notary Pubiic
_
-California
Orange County
MY
Commission # 236328f
Comm, Expires Jun 29, 2025 r
Place Notary Seal Above
Name(s) of Signer(s)
, Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the. laws of
the State of California that the foregoing paragraph is true and correct.
Witness m
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer is Representing:
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & .INDEMNITY COMPANY, WEBSTER TX
118 Second Ave SE
FINANCIAL PACIFIC. INSURANCE COMPANY, ROCKLIN, CACedair Rapids, IA 52401 U!PUCI CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company — See Certification) ACNOW ALL PERSONS BY THESE PRESENTS, :That United Fire &Casualty Company; a corporation duly organized and existing under the laws ,if the•.State: of Iowa; United; Fire & I'ndemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and mar eial Pacific Insurance Company, a corporation duly .organized and existing under the 'Iaws of the State of California (herein collectively .called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JAMES W MOILANEN,:YUNG T MULLICK:, P. AUSTIN NEFF, I:RENE LUONG, EMILLE GEORGE, EACH INDIVIDUALLY their true and lawful Attorney(s)�Im-Fact with power and authority .hereby conferred to sign, seal and .execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $15 , 000, 000. 00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The A;uthorq— hereby granted shall expire the 6th day of July, 2022 unless sooner revolted by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 261.3, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, 1i'om time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.
The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respectitie certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal e Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority eviously gr aen to any attorney -in -fact.
,w1Rl,!„ u\IIIFnI IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its Dt
t �Q a,,y s,�kc uygy vice president and its corporate seal to be hereto affixed this 6t h day of July, 2020 s,e CORPORATE �Q -u4 CORPORATE IS c• 2GOU�e721�o�'O't
'-•-- � z xS zi
UNITED FIRE & CASUALTY COMPANY
scar �° sRAL t = ,sas a = UNITED FIRE & INDEMNITY COMPANY a t'.,o c
FINANCIAL PACIFIC INSURANCE COMPANY
�tjJ+itJ1�j{f,��`,`` tq,t 17s 1L\14"' `rylyq \`
II11111111t\\�\ � .
By:
State of Iowa, County of Linn, ss:
Vice President
On 6th day of July, 2020, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and, which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument. is such corporate seal; that it was so affixed, pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant, to like authority;, and acknowledges same to be the act and deed of said corporations. va e8 Pate Waddell 2
Iowa Notarial Seal
commission nudist M214 Notary Public
awrti My Comrnisslott Expires 10/2012022
My commission expires: 10/26/2022
I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy, of the Section of the bylaws a nii;resolutions. of said Corporations as set,forth.in said Power of Attorney, with the ORIGINALS ON FILE IN' THE HOME OFFICE OF SAID CORPORATIONS, and that: the saipe are; correct transcripts thereof, and of the. whole of the said originals, and thatthe said Power of Attorney has not been revoked: -and is now in full force and effect; .
In testima ereof I have h�retmto subscribed my name and affixed the corporate seal of the said Corporations this, day of Kmt1 a 20 Zr'�
'`i �ga"iiiuoff�i
,%o �� � g4GGORP DpRx4o�;
,� /COR'PORAi'L FI S_ 213 CORPORATE t. Q: � ULY2R� n.
18R6
SEAL UAL a y\. 0
ri hill! >. ... !irglt \R" 'a! nU U & FPIC
-_•. '..:: :JJJJidlll\��� '..' ...:. lfl4U ";.. l,gl!lLYII;tI\ EXWWAON}45 122017 11h1°',- eq fear hs , ,r -,arid E void l rl�rrlrif:��:ap�a[7.
No. 2416-6
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SALT FRANCISCO
Amended
Certificate of Authority
THIS IS TO CE_R'f1FY tharjrmpsuant to the Insurance Code of the State of California, United Fire & Casualty Company
of Iowa, organized under the laws of lowa, subject to its Articles of Incorporation or other./iindamental organizational documents, isherebi, authorizedto transact within this State, subject to ail provisions ofthiv Certificate, the following classes qfinswance:
Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler, Team and Vehicle, Automobile, and Miscellaneous as such classes are now or may hereafter be defined In the Insurance Laws qf the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WYPNIESS WHEREOF, effective as of rho= I e day ofii-dy, 2014, 1 have hereunto set my hand and caused my official seal to be qffixed this ) 6'4 (W of July, 20 / 4.
Dave Jones
Insurance Commissioner
BY Susan J. Stapp
for Nettie Hoge
thief "DePut),
NOTICE:
Qwflification with the Secretary of State must be accomplished as required by the California Corporatiom Code promptly after issuance of this Certificate of Aud-horky. Fit -lure to doso will be violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.
Exhibit 2 667
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
Yes
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.
Exhibit 2 6d@
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 B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: SECOND READING AND APPROVAL OF ORDINANCE 921 -ZONING CODE AMENDMENT NO.2021-058
DATE: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council conduct the second reading and approve Ordinance No. 921 regarding Electronic Billboard Regulations and Standards pursuant to Zoning Code Amendment No. 2021-058.
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 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 670
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. The City Council conducted a first reading of Ordinance No. 921 on January 24, 2022.
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 ef the nearest residential zone orelesest boundary line of property line 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:
671
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 672
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 1 673
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 1 674
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 14t" day of February 2022.
APPROVED AS TO FORM:
Rick Olivarez
City Attorney
3of3
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
ATTEST:
Jane Halstead
City Clerk
Exhibit 1 675
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 2 676
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.
C�4
TOW
RIVERA, CHAIRPERSON
ATTE
ST:
...
ERIKAWGUTIERREZ, PLANNING SECRETARY
APPROVED AS TO FORM:
Exhibit 2 677
Resolution #PC 2021-11
LIOYD PILCHEN
ASSISTANT CITY ATTORNEY
Exhibit 2 678
Exhibit 2 679
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 12.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CLAIM REJECTION
DATE: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Aiden Lopezv. Cityof Bell Gardens (DOE 11/2/2021; DOR 1/26/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
BACKGROUND/DISCUSSION:
The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.
CONCLUSION:
After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.
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 .m
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 13.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CLAIM REJECTION
DATE: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Yessica Ramirez v. City of Bell Gardens (DOE 12/14/2021;DOR 12/20/2021) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
BACKGROUND/DISCUSSION:
The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.
CONCLUSION:
After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.
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 681
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 14.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CLAIM REJECTION
DATE: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Maria Cruzv. City of Bell Gardens (DOE 12/26/2021; DOR 1/5/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
BACKGROUND/DISCUSSION:
The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.
CONCLUSION:
After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.
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 682
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 15.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CLAIM REJECTION
DATE: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Juan & Rina Paniaguay. City of Bell Gardens (DOE 1/21/2022; DOR 1/31/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
BACKGROUND/DISCUSSION:
The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.
CONCLUSION:
After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.
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 683
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 16.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: CITY COUNCIL APPOINTMENTS TO ALTERNATES TO THE LOS
ANGELES COUNTY CITY SELECTION COMMITTEE AND THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
COMMITTEES
DATE: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council appoint alternates for the Los Angeles County City Selection Committee and the Southeast California Association of Governments and update 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.
At the January 24, 2022 Regular City Council Meeting the Council made appointments to the External Regulatory and Advisory Boards, Commissions and Committees. However, there were no alternate appointments made for the Los Angeles County City Selection Committee and the Southern California Association of Governments.
CONCLUSION:
By appointing the alternates to the Los Angeles County City Selection Committee and the Southern California Association of Governments the City Council is assuring proper representation for the City of Bell Gardens in the larger geo-political region. If appointments are made the City Clerk's office will update the matrix and notify the agencies.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - External Committees Matrix
Exhibit 2 - External Committees Description
684
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 685
COUNCIL APPOINTMENTS TO EXTERNAL REGULATORY AND
ADVISORY BOARDS, COMMISSIONS AND COMMITTEES
California Cities for Self
1 Reliance Joint Powers
Authority
2 California Contract Cities
Association
4 Eco-Rapid Transit
5 Gateway Cities Council of
Governments
6 Greater Los Angeles County
Vector Control District
7 HUB Cities Consortium
8 Independent Cities
Association
10 Los Angeles County City
Selection Committee
11 Sanitation Districts of Los
Angeles County
Southeast Area Animal
12 Control Authority (SEAACA)
13 Southeast Community
Development Corporation'
3rd Wednesday of each month,
6:30 p.m.
2nd Wednesday of each month,
6:30 p.m. Rotating locations
2nd Thursday of each month,
7:30 p.m.
2nd Thursday of each month
except for August 7:00 p.m.
Maria Pulido
Alejandra Cortez
Pedro Aceituno
(thru Jan. 2023)
Maria Pulido
Maria Pulido
Meets as needed, approximately
Mayor Automatic
three to four times a year.
Appointment
3rd Thursday of each month,
Lisseth Flores
2:00 p.m.
Southern California The General Assembly is held
14 Association of Governments once a year on the first Thursday Jorgel Chavez and Friday in May.
Exhibit 1 686
Jorge) Chavez
Marco Barcena
NO ALTERNATE
NEEDED
Alejandra Cortez
Alejandra Cortez
Last Saved : 2022-Feb-10 12:16:41
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: LIISSETH IFLOIRE,S 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: IMAIRIIA IP ULIIDG (Mayor automatic appointment) ALTERNATE: JOIRGEL CIHAVE2 Meetings: 3rd Wednesday of each month, 6:30 pm
17315 Studebaker Rd., Suite 210, Cerritos, CA 90703 AQi' 1234 i IIIi..IIING RQlmif")i.UIIIRQImiQC 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, 5:30 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 the 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 2/08/2022
Exhibit 2
687
Gateway Cities Council of Governments
DELEGATE: JOIRGEL CIHAVEZ ALTERNATE: LIISSETH FLOIRE,S
Meetings: Board of Directors -15t Wednesday of each month 6:00 p.m. 1-710 Committee EIR/EIS Project Committee (3rd Thursdays, 6:30 p.m.) 16401 Paramount Blvd., Paramount, CA 90723 10Rl 700 1:111 ING IREf")LPIIREVD 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 ACEIITLU1140 (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")LPIIRE D 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 COIRTEZ 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 COIRTEZ 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: JOIRGEL CIHAVEZ 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 2/08/2022 2
.::
Los Angeles Countv Citv Selection Committee
DELEGATE: IMAIRIIA IPiaULIIDO (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 include 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: IMAIRIIA IPULIIDO (Mayor automatic appointment) ALTERNATE: JOIRGEL CHIAVE2 Meetings: 2nd & 4t" Wednesday of each month, 1:30 pm
1955 Workman Mill Rd., Whittier, CA 90607 U f"JRI 7J' 0 & AB1234 U:111 ING REf"jLPIRED 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: LIISSETH IFLORE,S ALTERNATE: ALEJIAI14DIRA CORTEZ Meetings: 3rd Thursday of each month, 2:00 p.m.
9777 SEAACA St., Downey, CA 90241 i f"URI 7J' 0 & AB1234 i:111 ING RQIm;f"jLPIRED 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 2/08/2022 3
Exhibit 2 689
Southern California Association of Governments
DELEGATE: JOIRGEL CHAVE7
ALTERNATE:
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Updated 2/08/2022 4
Exhibit 2 690
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 17.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Rozanne Adanto, Director of Recreation and Community Services Grissel Chavez, Director of Public Works
SUBJECT: AQUATIC CENTER PROJECT UPDATE
DAT E: February 14, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
Receive and file the John Anson Ford Park Aquatics Center update presentation.
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On February24, 2021, the City entered into an agreement with RJ M Design Group (RJ M) for desigi architecture and engineering services for the Aquatics Center at John Anson Ford Park (Ford Park).
Below is a summary of major project activities that have been completed to date, along with key action items planned in the coming weeks. This information will be updated during future Council updates.
Completed Progress to Date:
Architectural and Engineering plans are complete at the 80% phase. 100% completion is expected by end of February, 2022.
Staff is coordinating with Finance and Community Development to seek the necessary funding through a Community Development Block Grant Section 108 loan. A meeting with LACDA is in the process of being scheduled to confirm support for the project. A public hearing will then be required for Council approval to request this CDBG funding.
If City Engineer has completed review of demolition plans.
If Staff has begun preparing a draft Request for Proposals to seek a firm to provide construction management services.
If Staff presented an update and renderings to the Aquatics Center Ad Hoc Committee on February 7, 2022. The Committee gave staff direction and feedback on some final design and color options.
Key Next Steps:
If Staff to schedule monthly project updates to the Aquatics CenterAd Hoc Committee.
If Staff to publish a notice and hold a public Hearing for consideration of the Section 108 loan in March 2022.
If Architect to submit plans to LA County Building & Safety and Health Departments for plan 691
check for review and comment, by end of March, 2022.
} Public Works to seek Council authorization to bid at the February 28 Council meeting, for the first phase of the demolition. Award of demolition contract will be brought forth for Council consideration in April, 2022.
If City to receive Notice to Proceed (NTP) from the National Park Service for the $6 million Land and Water Grant, anticipated to receive by April, 2022. The City received notification of the grant award in September 2021. However, the City cannot move forward on the demolition of the site until the NTP is received by the National Park Service.
Project Timeline and Costs:
Below are the estimated construction and soft costs to fully fund the Aquatics Center, totaling approximately $22.7 million. Actual costs will be determined once the bidding and procurement process takes place.
The updated estimate timeframe for completion is also noted below. Due to the pool demolition not starting until the notice from the Federal grant is received, the completion date has been extended to summer 2023. There may be additional delays based on adverse weather conditions or other unanticipated delays outside of the City's control.
Project Timeline and Costs:
Construction Costs
Demolition of Pool July2022 $1.1 M
New Aquatics Center July2023 $18 M
Soft Costs
Architect, engineering, project
and construction management,
materials testing & inspection) $3.6 M
Estimated Total Project Cost $22.7 M
CONCLUSION:
Attached for Council review are updated renderings showing interior and exterior views of the Aquatics Center. Going forward, staff will provide the Aquatics Center Ad Hoc Committee an update on a monthly basis.
FISCAL IMPACT:
The Federal Land & Water grant in the amount of $6 million will help offset the cost of new Aquatic Center. The balance of the funds needed may come from the CDBG Section 108 loan, which is st pending approval.
ATTACHMENTS:
Exhibit 1 -Aquatics Center at John Anson Ford Park
692
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 693