Supplemental Material - Public Comment - Item 11-C (Morelli) — Bellflower City Council, January 27, 2025

1 Mayra Ochiqui
From:Berger, Karl H.

Sent:Monday, January 27, 2025 2:14 PM
To:[email protected]
Cc:Lydia Munoz; Mayra Ochiqui; Len Gorecki; Ryan Smoot
Subject:FW: Proposed Contract Award- Property Remediation of Nuisance-Abatement Importance:High
Mr. Morelli –

While your correspondence will be forwarded to the City Council as public comment, you should be aware that your citations to the law are incorrect. As a Charter City, Bellflower may make its own determinations regarding bidding and prevailing wage. Moreover, the City’s ability to exercise its plenary police powers in response to public nuisances is guaranteed by both the California Constitution and its Charter. The City Council’s determination that such action constitutes an emergency – and therefore by-passes any bidding requirement – is squarely within its authority.

This response will accompany your correspondence. There is no need for you to respond to this email; I will not be corresponding with you on this topic.

Have a pleasant day.

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2 From: Anthony Morelli
Sent: Monday, January 27, 2025 12:53 PM
To: Len Gorecki
Cc: Lydia Munoz ; Mayra Ochiqui
Subject: Proposed Contract Award- Property Remediation of Nuisance-Abatement Importance: High

Len Gorecki, Assistant City Manager/Director of Public Works Honorable Mayor and City Council Members
City of Bellflower

Re: Proposed Contract Awards for Remediation of the Nuisance/Abatement at 17046 Bellflower Blvd

Mr. Gorecki and City Council Members,

The Construction Industry Force Account Council (CIFAC) is a construction industry supported organization dedicated to Public Contract Code compliance and education. We promote competitive bidding on public works construction projects by using a fair, transparent and objective process.

After reviewing the proposed January 27, 2025, City Council Agenda and the Sta Ư Report for Item 11-C, CIFAC must object to the City’s proposed action to dispense with bidding of the above- mentioned project. The City’s proposed action raises several issues of concern:

1. Improper use of emergency contraction procedures, PCC 22050: The proposed project and action does not meet the definition of an emergency as defined per Public Contract Code, Section 1102. “Emergency,” as used in this code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. That said, the immediate action that could be undertaken by the City would be the direct contracting of a fencing contractor to fence-oƯ the property to protect and keep the public oƯ on site until the project commences.

2. Scope-of-work is a Public Project by definition: In the discussion section of the staƯ report, concerning BMC Ordinance Nos. 1440 and 1441, amending Chapter 3,30 to title 3 of the Public Works Contracts, sub-section: 3.30.130 Nuisance Abatement. Here the City incorrectly assumes that demolition, or removal of real property, including structures would not be considered a public project. “such projects are not public works projects and, accordingly, prevailing wage need not be paid” However, per Public Contract Code, Section 22002, (c) 1, and the proposal submitted by Integrated Demolition & Remediation (Contractor), the projects scope-of-work clearly meets the definition of a public project.

Additionally, the project also meets the definition of Labor Code, Section 1720 (a) 1, since the project’s work is at the direction of the City, done under contract and paid for with public funds, so prevailing wages would be required.

3. Project must be bid in accordance with Public Contract Code: On August 24, 2020, the City of Bellflower elected to become subject to the California Uniform Construction Cost

3 Accounting Act and therefore must follow the public contracting bidding guidelines and thresholds for the total aggregated cost of a public project per PCC, Section 22032, and per the Act’s Policy and Procedures Manual. https://sco.ca.gov/ard_cuccac.html (See Reference Material)

Unfortunately, CIFAC must ask that the City of Bellflower City Council take no action to approve the proposed award of contracts for the project AND bid the project in accordance with the California Public Contracting Code of Regulations. Additionally, I would appreciate a formal response from the City concerning this issue. Should the City need further clarification, or have additional questions, please contact me directly.

Thank you for your assistance, cooperation, and compliance.

Anthony Morelli
Southwest Regional Compliance Manager
Construction Industry Force Account Council
PO Box 2442, Camarillo, CA 93011-2442
805-419-1543 [email protected] www.CIFAC.org

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Bellflower City CouncilJanuary 27, 2025

Bellflower City Council
January 27, 2025