AGENDA
A REGULAR MEETING
OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY
TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, March 5, 2024 – 6:30 P.M.
Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.
Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Jose R. Gonzalez, Mayor
Elizabeth Alcantar, Vice Mayor
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
Daisy Lomelí, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.
Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 885 7299 1262
https://us06web.zoom.us/j/88572991262
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 5, 2024, at 6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
Council / Agency Member Fuentes
Council / Agency Member Gonzalez
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Alcantar
Mayor / Chair Gonzalez
3. APPROVAL OF AGENDA
4. PLEDGE OF ALLEGIANCE
5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
6. PRESENTATIONS
A. Presentation by the Los Angeles County Assessor Jeffrey Prang (page 7)
7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.
In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters,
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 5, 2024, at 6:30 P.M.
questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE
MEETINGS
11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.
12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of February 20, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 25) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 20, 2024.
B. Consideration to Approve a Contract Services Agreement with Elecnor Belco Electric, Inc., for the Salt Lake Avenue Improvements Project (HSIP-7 Project) (page 35) Presented by the Public Works Director
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 5, 2024, at 6:30 P.M.
Recommendation: It is recommended that the City Council approve a Contract Services Agreement with Elecnor Belco Electric, Inc., for an amount of $200,182 to undertake the Salt Lake Avenue Improvement Project funded by the Highway Safety Improvement Grant Program Cycle 7 (HSIP-7).
13. PUBLIC HEARING
A. A Public Hearing to Consider and Adopt Resolution No. 24-04 of the City of Cudahy City Council Approving Substantial Amendment No. 1 for the Fiscal Year 2024-25 Community Development Block Grant (CDBG) (page 57)
Presented by the Senior Planner
Recommendation: Staff recommends the City Council take the following action(s):
1. Adopt Resolution No. 24-04 approving Substantial Amendment No. 1 for the Community Development Block Grant (“CDBG”) funding for Fiscal Year 2024-25.
14. BUSINESS SESSION
A. City Manager Annual Update Presentation (page 69)
Presented by the City Manager
Recommendation: The City Council is requested to receive and file the City Manager Annual Update.
B. Consideration to Adopt a Resolution Urging Prime Healthcare to Reinstate Employment of the Nine Registered Nurses and Frontline Healthcare Workers at Prime St. Francis Medical Center in Lynwood, California (page 81)
Presented by the Vice Mayor
Recommendation: The City Council is requested to adopt Resolution No. 24-05 urging Prime Healthcare to reinstate employment of the nine registered nurses and frontline healthcare workers at Prime St. Francis Medical Center in the City of Lynwood.
C. Creation and Appointment of Keep Cudahy Clean Ad Hoc Committee (page 87)
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 5, 2024, at 6:30 P.M.
Presented by the City Clerk
Recommendation: The City Council is requested to:
1. Create Keep Cudahy Clean Ad Hoc Committee, establish the scope of the committee, define a start and end date of committee along with the reporting requirements by the committee; and
2. Appoint two council members to serve on the Committee.
15. COUNCIL DISCUSSION – NONE
16. CLOSED SESSION
A. Conference with Legal Counsel Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code § 54956.9(d)(2) - Two Matters B. Closed Session Pursuant to Government Code Section 54956.9(d)(1)-Conference with Legal Counsel-Existing Litigation-Bertha Fuentes v City of Cudahy et al. PERB Case No: LA-CE-1669-M
17. CLOSED SESSION ANNOUNCEMENT
18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.
Dated this 29th day of February 2024
Richard Iglesias
City Clerk
Blank Page
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
03/05/2024 Page 1 of 2
STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of February 20, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 20, 2024.
BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.
Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.
Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.
Item Number
12A
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
03/05/2024 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.
The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.
City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.
CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of February 20, 2024.
STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.
FINANCIAL IMPACT
No Financial Impact.
ATTACHMENT
A. February 20, 2024, Draft Minutes
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.
City Council/Successor Agency Minutes of 2/20/2024 Page 1 of 6
MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and
HOUSING SUCCESSOR AGENCY TO THE CUDAHY
DEVELOPMENT COMMISSION JOINT MEETING
February 20, 2024, 6:30 P.M.
City Clerk announced due to lack of quorum meeting will begin late.
1. CALL TO ORDER
Mayor / Chair J. Gonzalez called the meeting to order at 7:15 p.m.
2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Elizabeth Alcantar (joined virtually) Mayor / Chair Jose R. Gonzalez
ABSENT: Council / Agency Member Cynthia Gonzalez
ALSO PRESENT: City Attorney, Stephanie Arechiga, Assistant City Attorney, Paloma McEvoy, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Community Development Director, Juan Arauz, Finance Director, Joshua Calhoun, Community Services Director, Brenda Rodriguez, Public Works Director, Aaron Hernandez, Assistant to the City Manager, Johncito “John” Peraza, Building Official, Raul Diaz, Senior Planner, Cecilia Madrigal-Gonzalez, Associate Planner, Kassandra Cornejo, Management Analyst, Jimmie Reginald Smith, Executive Assistant, Janet Andrade, and Administrative Analyst, Lisette Gonzalez.
3. APPROVAL OF AGENDA
Motion: Council Member Fuentes motioned to move item 7A before 6A and table item 14B to the next City Council meeting, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Lomelí, Alcantar, and J. Gonzalez
NOES: None
ABSENT: C. Gonzalez
ABSTAIN: None
4. PLEDGE OF ALLEGIANCE
Attachment A Page 27 of 88
City Council/Successor Agency Minutes of 2/20/2024 Page 2 of 6 The Pledge of Allegiance was led by Council Member Fuentes.
5. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
7. PUBLIC COMMENTS
Congressman Robert Garcia mentioned he just came from Sprouts and congratulated the City on a great accomplishment for the community and access to healthy foods, shared the importance of government at the local level, and presented the City Council and community with a flag that flew on top of the United States Capitol in honor of the City of Cudahy.
1213****845 spoke on the incident occurring in the city and surroundings, shared his trauma experience, and stated everyone is becoming more traumatized, alleged SELA collaborative is part of the local political machine and does not help civic engagement.
Susie de Santiago stated starting the meeting late is unacceptable, spoke on the recent shooting that occurred in the City, asked if there is an update from the Sheriff’s they can give to the community, asked if the flooding that is happening in Cecilia and River Road can be addressed
6. PRESENTATIONS
A. Presentation by the East Los Angeles College
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes spoke on the shooting incident that occurred in the City but also commended the collaborations with all the surrounding cities, shared his attendance at the Los Angeles County Sanitation District, and his attendance at the grand opening of Sprouts.
Council Member Lomelí shared the Sprouts excitement in the community, spoke on the shooting incident and her attendance at the vigil, asked to think of how to honor the youth that has passed and shared her condolences with the families, asked to adjourn the meeting in Javier’s name and the other victims of the incident.
City Council/Successor Agency Minutes of 2/20/2024 Page 3 of 6 Vice Mayor Alcantar shared her condolences with the four victims and their families, echoed the adjournment and asked to also include the victim in the City of Bell who was also a Cudahy resident, stated graffiti tends to increase on the weekend and asked to consider increasing graffiti abatement on the weekends, stated Sheriff communication with the public needs to be better as too many rumors arise from the shooting incidents, and need to work on preventing of flooding in the city.
Mayor J. Gonzalez send his condolences with the families, commend the work that was done between different agencies and Sheriff department regarding the shooting incidents, suggested an annual report data presentation from the Sheriff’s and how we can work on increasing safety in the community, asked to look into the flooding and if we clean the storm drains and also spoke on the grand opening of Sprouts.
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE
11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member Lomelí motioned to waive full reading of resolutions and ordinances, seconded by Council Member Fuentes. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Lomelí, Alcantar, and J. Gonzalez
NOES: None
ABSENT: C. Gonzalez
ABSTAIN: None
12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of February 6, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 6, 2024.
B. Approval of the Local Agency Investment Fund (LAIF) for the Month of January 2024 Presented by the Finance Director
City Council/Successor Agency Minutes of 2/20/2024 Page 4 of 6 Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of January 2024 in the amount of $12,728,593.04.
C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of January 2024
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $2,880,738.20 including the Statement of Investments for the month of January 2024.
Motion: Council Member Fuentes motioned to approve Consent Calendar items, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Lomelí, Alcantar, and J. Gonzalez
NOES: None
ABSENT: C. Gonzalez
ABSTAIN: None
13. PUBLIC HEARING
A. Resolution No. 24-03 of the City Council Approving Programs for Community Development Block Grant (CDBG) Funding During the Fiscal Year (FY) 2024-25 Presented by the Community Development Director
Recommendation: Staff recommends the City Council take the following action(s):
adopt Resolution No. 24-03 approving programs for the Community Development Block Grant (“CDBG”) funding for Fiscal Year 2024-25.
At 8:15 p.m. Mayor J. Gonzalez opened public comment.
Public Comments:
Susie asked why it takes a long time to process applications and after speaking to a staff member she was made aware only one application was submitted and the other was pending, shared her concerns for the rehab program and asked if the money was funded why isn’t it being used on pending applications and stated the money allocated for the rehab is not sufficient and if a status update can be provided.
At 8:19 p.m. Mayor J. Gonzalez closed public comment.
Motion: Council Member Fuentes motioned to adopt Resolution No. 24-03 approving programs for the Community Development Block Grant (“CDBG”) funding for Fiscal Year
City Council/Successor Agency Minutes of 2/20/2024 Page 5 of 6 2024-25, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Lomelí, Alcantar, and J. Gonzalez
NOES: None
ABSENT: C. Gonzalez
ABSTAIN: None
14. BUSINESS SESSION
A. County of Los Angeles Digital Equity Programs and Opportunities Presentation Presented by the Finance Director
Recommendation: The City Council is requested to receive and file the County of Los Angeles Digital Equity Programs and Opportunities Presentation.
Motion: Council Member Lomelí motioned to receive and file the County of Los Angeles Digital Equity Programs and Opportunities Presentation, seconded by Council Member Fuentes. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Lomelí, Alcantar, and J. Gonzalez
NOES: None
ABSENT: C. Gonzalez
ABSTAIN: None
B. City Manager Annual Update Presentation
Presented by the City Manager
Recommendation: The City Council is requested to receive and file the City Manager Annual Update.
ITEM TABLED TO NEXT MEETING
16. CLOSED SESSION – NONE
17. CLOSED SESSION ANNOUNCEMENT – NONE
18. ADJOURNMENT
The City Council / Agency meeting adjourned at 8:40 p.m., in honor of all the residents that were hurt in the recent shooting, 24-year-old Kevin Parada and 14-year-old Javier Pedraza Jr.
Jose R. Gonzalez
Mayor
City Council/Successor Agency Minutes of 2/20/2024 Page 6 of 6 ATTEST:
Richard Iglesias
City Clerk
Attachment
B
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/05/2024 Page 1 of 2
STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Aaron Hernandez-Torres, Public Works Director
Subject: Consideration to Approve a Contract Services Agreement with Elecnor Belco Electric, Inc., for the Salt Lake Avenue Improvements Project (HSIP-7 Project)
RECOMMENDATION
It is recommended that the City Council approve a Contract Services Agreement with Elecnor Belco Electric, Inc., for an amount of $200,182 to undertake the Salt Lake Avenue Improvement Project funded by the Highway Safety Improvement Grant Program Cycle 7 (HSIP-7).
BACKGROUND
1. On June 6, 2023, Cudahy City Council approved the City Budget for Fiscal Year 23/24.
2. On November 9, 2023, the Engineering Department, in coordination with City Clerk’s office, issued a Notice to Contractors to procure construction services for the aforementioned project. The project was properly advertised on November 9, 2023, and November 16, 2023, in the newspaper.
3. On December 6, 2023, the City Clerk’s Office conducted a bid opening ceremony in City Chambers. A total of three bids were received for this project. Elecnor Belco Electric, Inc., submitted a bid proposal in the amount of $200,182 and was the only responsive and responsible bidder.
4. On February 6, 2024, the City Council approved a Contract Services Agreement (“Agreement”) between the City of Cudahy and Elecnor Belco Electric, Inc., for the Salt Lake Avenue Improvements Project (HSIP-7 Project).
Item Number
12B
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/05/2024 Page 2 of 2
ANALYSIS
As part of the February 6, 2024, City Council Agenda, City staff included item 14D recommending that the City Council approve the Contract Services Agreement between the City of Cudahy and Elecnor Belco Electric, Inc., for the Salt Lake Avenue Improvements Project (HSIP-7 Project).
On February 6, 2024, the City Council unanimously approved the Agreement. After approval and further review of the staff report and attachments, staff discovered the Agreement between the City of Cudahy and Elecnor Belco Electric, Inc., was not included in the staff report as part of the February 6, 2024 City Council agenda.
The Agreement between the City of Cudahy and Elecnor Belco Electric, Inc., for the Salt Lake Avenue Improvements Project (HSIP-7 Project) has now been included for review and approval.
CONCLUSION
City Staff recommends approving anAgreement with Elecnor Belco Electric, Inc., for an amount of $200,182 to undertake the Salt Lake Avenue Improvement Project.
STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Service Delivery)
FINANCIAL IMPACT
The project will be funded by the Highway Safety Improvement Grant Program Cycle 7 (HSIP7). Accordingly, the project is included in the City’s Approved Budget for FY 23/24.
ATTACHMENTS
A. Contract Services Agreement with Elecnor Belco Electric, Inc.
Page: APPENDIX A.0
APPENDIX A - SAMPLE CONTRACT TO BE EXECUTED
Attachment A Page 37 of 88
CITY OF CUDAHY
PUBLIC WORKS CONTRACT
CUDAHY HSIP CYCLE 7
SALT LAKE AVENUE IMPROVEMENTS
Federal Project No: HSIPL-5369(012)
City Project No: 235-7104-6725
This is a Federally Funded Project
THIS AGREEMENT “Agreement” is made and entered into this 6 day of February 2024, by and between the CITY OF CUDAHY, a Municipal Corporation located in the County of Los Angeles, State of California hereinafter called CITY, and Elecnor Belco Electric, Inc., [a corporation/partnership/limited liability company corporation], located at 14320 Albers Way, Chino, CA 91710 hereinafter called CONTRACTOR, collectively referred to as the Parties.
RECITALS
CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before 3 PM, December 6, 2023, for the following:
CUDAHY HSIP CYCLE 7
SALT LAKE AVENUE IMPROVEMENTS
Federal Project No: HSIPL-5369(012)
City Project No: 235-7104-6725
This is a Federally Funded Project
in the City of CUDAHY, California, hereinafter called PROJECT.
At 3:00 pm on said date, in the CUDAHY Council Chambers, said bids were duly opened.
At its regular meeting held on February 6, 2024, the CITY Council duly accepted the bid of CONTRACTOR for said PROJECT as being the lowest reasonable bid received and directed that a written contract be entered into with CONTRACTOR.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows:
ARTICLE I – CONTRACT DOCUMENTS
Page: APPENDIX A.1
The CONTRACT DOCUMENTS for the PROJECT shall consist of:
• document titled:
CONTRACT DOCUMENTS PLANS AND SPECIFICATIONS
for
CUDAHY HSIP CYCLE 7
SALT LAKE AVENUE IMPROVEMENTS
Federal Project No: HSIPL-5369(012)
City Project No: 235-7104-6725
This is a Federally Funded Project
• CONTRACTOR’s Proposal
• Required Federal-Aid Contract Language (Form FHWA-1273) • Federal Labor Standard Provisions
• Current Federal DOL Wage Decision
• Federal EEO and Affirmative Action Requirements
• and all referenced specifications, details, standard drawings, and appendices, together with this contract and all required bonds, insurance certificates, permits, notices and declarations, affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner.
All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The document comprising the complete contract are hereinafter referred to as the CONTRACT DOCUMENTS and are incorporated herein by this reference and made and part hereof as though they were fully set forth herein.
All of the rights and obligations of the CITY and CONTRACTOR are fully set forth and described in the CONTRACT DOCUMENTS.
In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. City shall decide which option is the more specific or stringent provision.
ARTICLE II - AGREEMENT
For and in consideration of the payments and agreements be made and performed by CITY, CONTRACTOR hereby agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
ARTICLE III - COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount TWO HUNDRED THOUSAND ONE HUNDRED AND EIGHTY-TWO DOLLARS.
Page: APPENDIX A.2
($200,182.00), based upon those certain unit prices set forth in CONTRACTOR’s Bid Schedule, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein and made a part hereof, 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 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.
The sum identified in Article III is not subject to escalation, the CONTRACTOR having satisfied himself with said CONTRACT price, which includes all labor and material increases anticipated throughout the duration of this CONSTRUCTION CONTRACT.
CITY shall retain five percent (5%) of said CONTRACT price until said time as the provisions of Article XIV herein have been met.
Progress payments shall be made in accordance with Section 9 of the Standard Specifications for Public Works as amended by the General Provisions and Special Provisions.
Upon receipt of a properly presented payment request, the Contract Officer shall process the payment request in accordance with Public Contracts Code Section 20104.50. The Contract Officer shall review the payment request as soon as possible. If the Contract Officer rejects the payment request, it shall be returned to the Contractor within seven days of its receipt by the City with an explanation for the reasons of its rejection. If the payment request is approved in writing by the Contract Officer, payment shall be made within thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security.
Substitution of Securities for Retention. The contractor may deposit securities in lieu of the 5% progress payment retentions in accordance with California Public Contracts Code 22300.
CITY’s obligation is payable only and solely from Community Development Block Grant (CDBG) funds appropriated from the United States Department of Housing and Urban Development (HUD) and for the purpose of this CONTRACT. All funds are appropriated every fiscal year beginning July 1. In the event this CONTRACT extends into the succeeding fiscal year and funds have not been appropriated, this CONTRACT will automatically terminate as of June 30 of the current fiscal year. The CITY will notify the CONTRACTOR in writing in ten (10) days of receipt of the non-appropriation notice.
ARTICLE IV - CONTRACTOR REPRESENTATIONS
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the Page: APPENDIX A.3
materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in Article III hereof, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS.
In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of both State and Federal law with respect to the employment of unauthorized aliens.
Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney’s fees, incurred by the CITY in connection therewith.
Furthermore, CONTRACTOR hereby represents and warrants that it is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completed any project funded in whole or in part by any federally funded program, grant or loan, or any project funded in whole or in part by a program, loan or grant from the State of California, and that CONTRACTOR currently has and for the past five (5) calendar years has maintained in good standing, a valid California contractor’s license. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this PROJECT.
ARTICLE V – COMMENCEMENT DATE
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued to said CONTRACTOR by the Director of Public Works of CITY and shall complete work on the PROJECT within THIRTY (30) working days after commencement.
ARTICLE VI – NO DISCRIMINATION
CONTRACTOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in the performance of this CONTRACT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order.
CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney’s fees, incurred by the CITY in connection therewith.
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Page: APPENDIX A.5
ARTICLE VII – LABOR CODE REQUIREMENTS
Compliance with SB 854 Registration: This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
Pursuant to California Labor Code Sections 1770, 1773, 1773.1, 1773.6, and 1773.7, as amended, the applicable prevailing wages for this project have been determined. It shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than the higher of the Federal and the State prevailing wage rates to all workers employed by them in the execution of the contract. The applicable Federal prevailing wage rates are those that are in effect ten (10) calendar days prior to bid opening; they are set forth on the U.S. Department of Labor website:
http://www.wdol.gov/wdol/scafiles/davisbacon/ca33.dvb but are not printed in the Specifications.
Lower State wage rates for work classifications not specifically listed in the Federal wage decision are not acceptable. The applicable State prevailing wage rates are set forth on the California Department of Industrial Relations website: http://www.dir.ca.gov/DLSR/PWD but are not printed in the Specifications; these rates are subject to predetermined increases.
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Agreement by Contractor or any subcontractor for each calendar day 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 Labor Code section 1810. (Labor Code § 1813).
Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement will be made available upon request from the City Engineer’s Office.
Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2). The Contractor shall post WH-1321 ENGLISH and WH-1321 SPANISH at the work site.
Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract
Page: APPENDIX A.6
by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
This is a federally-assisted CONSTRUCTION CONTRACT. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. Modification of Federal Wage Rates published within ten (10) days prior to the scheduled Bid Opening date shall apply to the contract.
The Contractor shall submit payroll records electronically to the California Department of Industrial Relations (DIR) at http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html and to the City weekly for each week in which any contract work is performed. The Contractor is also responsible for the submission of payroll records by all its Subcontractors performing any contract work on this Project.
The payroll records submitted shall set out accurately and completely all of the information required to be maintained under Section 5.5(a) (3) (i) of 29 C.F.R. Part 5. Each payroll submitted shall be accompanied by a Statement of Compliance signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract, and shall certify the following:
• The payroll records for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of 29 C.F.R. Part 5, and that such information is correct and complete; • Each employee employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 C.F.R. Part 3;
• Each employee has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract.
This information may be submitted in any form desired, however, Form WH-347 is provided as an optional template. The Contractor shall submit a Statement of Non-Performance for each week of work for which craft work was not performed.
The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
The Contractor shall submit copies of apprentice certification(s) for each apprentice performing work on the Contract to accompany the first payroll record in which that apprentice appears. The City will recognize apprentice certifications from the U.S. Department of Labor and the California Division of Apprenticeship Standards. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
The CONTRACTOR’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et q. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment.
The Contractor agrees that the City, through its authorized representatives, has the right, at all reasonable times, to make site visits to review Project accomplishments and for other reasons, such as employee interviews. If any site visit is made by the City on the premises of the Contractor or any of its Subcontractors under this Contract, the Contractor shall provide and shall require its Subcontractors to provide, all reasonable facilities and assistance for the safety and convenience of City representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner as will not unduly delay work being conducted by the Contractor or Subcontractor(s).
If the work involves excavation of any trench five feet or more in depth the contractor shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection. Such plan shall be approved by a qualified representative of the City. (LC 6705).
ARTICLE VIII - PROVISIONS REQUIRED BY LAW
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. Such laws, rules and regulations shall include, but not be limited to the following.
Contractor’s License.
The Contractor shall possess a type A-General Engineering Contractor California Contractor's license at the time of award of the Contract.
Ineligible Contractor Prohibited.
Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract.
Unfair Business Practices Claims.
The Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of Page: APPENDIX A.7
Page: APPENDIX A.8
the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).
Hazardous Materials and Unknown Conditions.
A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR’s subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract.
B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
C. CITY shall promptly investigate the reported conditions. If CITY, through its Director of Public Works, or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, then CITY shall issue a change order.
D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
ARTICLE IX - INDEMNITY
CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, and Design Engineer and Construction Manager from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the CONTRACTOR’s work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided
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(a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason for the aforesaid hold-harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this AGREEMENT. (b) That the aforesaid hold-harmless AGREEMENT by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR, or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
ARTICLE X - BONDS
Warranty & Guarantee
New Materials. Contractor guarantees that all materials and equipment furnished will be new unless otherwise specified in the Contract Documents.
One Year Guarantee. Contractor guarantees all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion is free from all defects due to faulty materials or workmanship. Contractor shall promptly make such corrections as may be necessary by reasons of such defects including the repairs of any damage to other property, whether real or personal. The City will give notice of observed defects with reasonable promptness. If Contractor fails to make such repairs, or other Work that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred, plus 10% for administrative expenses. The Performance Bond shall remain in full force and effect through the guarantee period.
Contractor shall execute the Public Improvement Warranty.
Bonds.
Contractor shall provide a payment bond consistent with the terms of this section and City may not waive this requirement. Contractor shall also provide a performance bond consistent with the terms of this section, unless City waives such requirement in writing. Each bond shall (1) be in writing; (2) signed by at least one admitted surety insurer under oath; (3) if a bond is signed by more than one surety insurer, include a statement that the sureties are jointly and severally liable on the obligations required hereunder; (4) list the address at which the principal and surety/sureties may be served with notices, papers, and other documents under this chapter; (5) be in the form of a bond and not in a deposit in lieu of a bond; (6) be consistent with any other requirements of the City that reasonably relate to a guarantee that the project will be completed at no cost to the City.
Payment Bond. Contractor shall furnish and file with City a bond in the sum of one hundred percent (100%) of the Compensation. Consistent with Civil Code § 3248, the bond shall provide that if the Contractor or any subcontractors hired by Contractor fails to pay (1) any of the persons named in Civil Code § 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under this Agreement; or (3) for any amounts required to be deducted, withheld, and paid
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over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Unemployment Insurance Code §13020 with respect to the work and labor that the sureties will pay for the same, and also, in case suit is brought upon the bond, a reasonable attorney’s fee, to be fixed by the court. The bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code § 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. The bond provided under this section shall be released by written authorization of the City Engineer at the completion of the one year warranty period described in section 0, above, provided that Contractor is not in default on any provision of this Agreement.
Performance Bond. Contractor shall provide City with a bond in the sum of one hundred percent (100%) of the Compensation to guarantee the completion of the Work, to protect City if Developer is in default of this Agreement, and to secure Contractor’s one-year guarantee and warranty. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Contractor is not in default on any provision of this Agreement. All security provided under this section shall be released at the end of the warranty period described in section 0, above, provided that Contractor is not in default on any provision of this Agreement.
ARTICLE XI - INSURANCE
CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.
(a) COMPENSATION INSURANCE - CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Workers’ Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. (b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/ COMPLETED OPERATIONS
HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, Design Engineer and
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Construction Manager, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR’s or any subcontractor’s operations under this contract, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows:
(1) Public Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
(2) Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
(3) Comprehensive Automobile Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
(4) Contractual General Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000).
A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth hereinabove.
(c) PROOF OF INSURANCE - The insurance required by this AGREEMENT shall be with insurers which are Best A rated, and California Admitted or better. The CITY and Design Engineer and Construction Manager shall be named as “additional insured” on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days’ prior notice of the cancellation of any policy during the effective period of the contract. (d) NOTICE TO COMMENCE WORK - The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence work under this contact until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article.
ARTICLE XII - ATTORNEY FEES
If either party to this Contract is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Contract, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney’s fees and costs. Attorney’s fees shall include reasonable costs for investigating such action.
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ARTICLE XIII - LIQUIDATED DAMAGES
The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of FIVE HUNDRED DOLLARS. ($500) shall be presumed to be the amount of damages suffered by the CITY for each calendar day’s delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of FIVE HUNDRED Dollars ($500) as liquidated damages for each calendar day of delay in the starting and/or completing and acceptance of said PROJECT beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done so in accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this CONTRACT. The payment of such liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code § 3275 or § 3369.
CONTRACTOR: ELECNOR BELCO ELECTRIC, INC. CITY OF CUDAHY a California Corporation a Municipal Corporation
by:___________________________ by:____________________________ President CITY MANAGER
ARTICLE XIV - NOTICE OF COMPLETION
Upon completion of PROJECT and acceptance of same by the CITY Council, the CITY Manager shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Article III hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.
ARTICLE XV - NO - ASSIGNMENT
This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto.
ARTICLE XVI - CUMULATIVE RIGHTS
The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of any rights or remedies available to CITY.
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ARTICLE XVII - TERMINATION
A. Termination for Convenience. The CITY may terminate this contract, in whole or in part, with 30 days written notice to the CONTRACTOR when it is in the CITY’s best interest. The CONTRACTOR shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The CONTRACTOR shall promptly submit its termination claim to CITY to be paid the CONTRACTOR. If the CONTRACTOR has any property in its possession belonging to the CITY, the CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. The CONTRACTOR may terminate this contract, in whole, with 90 days written notice to the CITY.
B. Termination for Default. If at any time the CONTRACTOR is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the CITY, and will be served upon the CONTRACTOR and its sureties. If the CONTRACTOR continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Contract for this Project.
C. Waiver of Remedies for any Breach. In the event that CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Contract, such waiver by CITY shall not limit CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.
ARTICLE XVIII – FEDERAL REQUIREMENTS
Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
The City, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents papers and records of the Contractor and any subcontractors which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts and transcriptions. Contractor shall maintain all required records for three years after City makes final payments and all other pending matters are closed.
Contractor shall comply with the Copeland “Anti-Kick Back” Act, 18 U.S.C. §874, as supplemented in Department of Labor regulations. (29 C.F.R. part 3.)
Contractor shall ensure compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§ 327 – 33, as supplemented by Department of Labor regulations. See 29 C.F.R. part 5.
Contractor and any subcontractors must comply with Executive Order 11246 as amended by Executive Order 11375 and as supplemented in Department of Labor regulations. (41 C.F.R. part 3.)
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If the Compensation exceeds $100,000, Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Agency (EPA) regulations, which prohibit the use under non-exempt federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. (See e.g. 47 C.F.R. §18.36(i)(12).)
If the Compensation exceeds $100,000 for construction or facility improvements, Contractor must observe the building requirements contained in Attachment B of OMB Circular A-110. --------SIGNATURES ON FOLLOWING PAGE--------
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the _____ day of _____________________, 20__, by their respective officers duly authorized in that behalf.
CONTRACTOR_ELECNOR BELCO ELECTRIC, INC.
a California Corporation
by:______________________________
President
by:_______________________________
Secretary
CITY OF CUDAHY
a Municipal Corporation
by:______________________________
City Manager
ATTEST:
by:_______________________________
City Clerk
APPROVED AS TO FORM
by: _______________________________ ________________
City Attorney
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PUBLIC IMPROVEMENTS WARRANTY
CUDAHY HSIP CYCLE 7
SALT LAKE AVENUE IMPROVEMENTS
Federal Project No: HSIPL-5369(012)
City Project No: 235-7104-6725
This is a Federally Funded Project
On ________________________, 200__, the City of CUDAHY accepted as complete and meeting the standards of City, the following public improvement(s):
_____________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________, built and constructed by or for _____________________, ("Contractor")
Contractor hereby warrants and guarantees the aforementioned public improvements as to the material used and workmanship performed for a period of one (1) year following the date set forth above.
In the event of a defect, malfunction, or failure to conform t the improvement specifications and all applicable local standards, the Contractor shall repair or replace said improvements at Contractor's own and sole expense within a reasonable time from notice of the defect from City. Should Contractor fail to cure any defect within a reasonable period of time, Contractor agrees to reimburse City for any and all costs of City's efforts to cure any defect once City has provided notice to the Contractor of the defect and the City's intent to cure such defect.
Should litigation be necessary to enforce the provisions of this warranty, the prevailing party shall be entitled to reimbursement for attorneys fees and court and related costs.
Executed at _________________________, California, on the day and year first written above.
CONTRACTOR
By:__________________________
Signature
By:__________________________
(Typed Name)
Its:__________________________
Title
By:__________________________
Signature
By:__________________________
(Typed Name)
Its:__________________________
Title
[NOTARY REQUIRED]
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FAITHFUL PERFORMANCE BOND
CUDAHY HSIP CYCLE 7
SALT LAKE AVENUE IMPROVEMENTS
Federal Project No: HSIPL-5369(012)
City Project No: 235-7104-6725
This is a Federally Funded Project
KNOW ALL MEN BY THESE PRESENTS that _____________________________________________, as CONTRACTOR and_____________________________________, as SURETY, are held and firmly bound unto the City of CUDAHY, 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 with the City 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 the City; provided that any alternations 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 alternations are hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____day of _____________, 20 .
CONTRACTOR* _________________________________________________________________________ _________________________________________________________________________ SURETY*
_________________________________________________________________________ _________________________________________________________________________ * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative.
Subscribed and sworn to this ______ day of _______________, 20__.
NOTARY PUBLIC:_______________________________________________________
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MATERIAL AND LABOR BOND
CUDAHY HSIP CYCLE 7
SALT LAKE AVENUE IMPROVEMENTS
Federal Project No: HSIPL-5369(012)
City Project No: 235-7104-6725
This is a Federally Funded Project
KNOW ALL MEN BY THESE PRESENTS that _____________________________________________, as CONTRACTOR and_____________________________________, as SURETY, are held and firmly bound unto the City of CUDAHY, 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 with the City 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 the City; provided that any alternations 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 alternations are hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____day of _____________, 20 .
CONTRACTOR* ____________________________________________________________ _________________________________________________________________________ SURETY*
_________________________________________________________________________ ______________________________________________________________________ * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative.
Subscribed and sworn to this ______ day of _______________, 20__.
NOTARY PUBLIC:______________________________________________________
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STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor and City Council Members
From: Alfonso Noyola, City Manager
Prepared by: Cecilia Madrigal-Gonzalez, Senior Planner
Subject: A Public Hearing to Consider and Adopt Resolution No. 24-04 of the City of Cudahy City Council Approving Substantial Amendment No. 1 for the Fiscal Year 2024-25 Community Development Block Grant (CDBG)
RECOMMENDATION
Staff recommends the City Council take the following action(s):
1. Adopt Resolution No. 24-04 approving Substantial Amendment No. 1 for the Community Development Block Grant (“CDBG”) funding for Fiscal Year 2024-25.
BACKGROUND
The City of Cudahy receives federal CDBG funds from the U.S. Department of Housing and Urban Development (HUD) as administered by the Los Angeles County Development Authority (“LACDA”). The funds must be used to meet national objectives to develop viable communities and to serve low- and moderate-income populations. Use of these funds also requires compliance with statutory requirements including financial, environmental review, procurement, construction, eligibility, reporting, and citizen participation. LACDA has advised Cudahy that for FY 24-25 it should expect to receive approximately $328,872.00 in CDBG funds.
The City will receive official notice of its final funding allocation in Spring 2024.
On February 6, 2024, City staff presented the City Council with an update on the proposed projects/programs for FY 24-25 and directed staff to bring the item to conduct the required public hearing for approval.
On February 20, 2024, the City Council adopted Resolution No. 24-03 approving projects/programs for the FY 2024-25.
Item Number
13A
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ANALYSIS/DISCUSSION
The primary national objectives of the CDBG program are to undertake activities that benefit low and moderate‐income persons and/or eliminate slum and blight conditions. The program requires that a minimum of seventy percent (70%) of the program funds be spent on activities that benefit low and moderate‐income persons (Attachment A ‐ 2023 HUD Income Limits).
Furthermore, the types of activities of eligible and ineligible activities for funding are provided in Table 1 below.
TABLE 1 – ELIGIBLE AND INELIGIBLE ACTIVITIES FOR FUNDING Eligible Ineligible
• Land acquisition and disposition; and
• Development of, and improvements to,
public facilities; and
• Street and other infrastructure
improvements; and
• Demolition and clearance of property
improvements; and
• Code Enforcement; and
• Public service activities; and
• Housing and commercial rehabilitation;
and
• Economic development activities; and
• Program administration.
• Construction of city halls, county
administrative buildings, or other
facilities in which the legislative, judicial,
or general administrative affairs of the
government are conducted; and
• Purchase of equipment, unless otherwise
required for program purposes; and
• Operating and maintenance expenses;
and
• General government expenses; and
• Political activities.
PROPOSED 2024-2025 FY PROGRAMS
As stated above, the City has already adopted the FY 24-25 CDBG projects/programs. This amendment is regarding the City’s unallocated CDBG balance to fund a new program, FirstTime Home Buyer Down Payment Assistance. The City’s Unallocated CDBG balance can be used on existing programs or can be used to create a new CDBG program. Any amendment larger than 50-percent is considered a substantial amendment, which requires action by the City Council. Currently, the Unallocated CDBG funds are approximately $205,989.36, and are subject to change once the current FY 23-24 Programs conclude in June 2024. As such, the City recommends using these funds towards an “off-cycle” CDBG program for first-time home buyer assistance.
NEW PROGRAMS/PROJECTS:
• First-Time Home Buyer Down Payment Assistance Program: This new program offers down payment assistance in the form of a forgivable loan of up to 15% of the home sale
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price or $50,000, whichever is lower.
TABLE 1 - FY 2024-2025 CDBG
Project Name FY 2024-2025 FY 2024-2025 Proposed CDBG
Budget
Non-Public Service Activities
Code Enforcement $220,000.00 No Change.
Business Assistance $46,224.00 No Change.
Owner Occupied Housing
Rehabilitation $52,648.00 No Change.
(NEW) First-time Home
Buyer Down Payment
Assistant
-- $150,000
Public Service- Project Names (15% Cap)
Camp Commerce $10,000 No Change.
Subtotal Budget $328,872 $478,872
STRATEGIC PLAN IMPACT
The proposed CDBG programs for FY2024-25 align with the following Strategic Plan goals:
• Goal B, Strategy #3. Pursue grant opportunities as available to help residents with cash assistance or other needs.
• Goal C, Strategy #2. Increase home ownership among residents by creating home ownership options and providing educational tools.
FINANCIAL IMPACT
There is no fiscal impact for the current year, 2023-2024. The CDBG funding allocation estimate of $150,000 outlined in this report is for the 2024-25 Fiscal Year. Staff recommends that any additional CDBG funds that may be received by the City, shall be allocated to the abovementioned programs.
PUBLIC NOTICE
The public hearing notice was published in the Long Beach Telegram on January 30, 2024, per CDBG Guidelines which require a 14-day notice (Attachment C).
CONCLUSION
Staff recommends the City Council review, provide feedback, and approve Resolution No. 24- 04 on the substantial amendment for Community Development Block Grant (CDBG) funding for Fiscal Year 24-25 and the unallocated CDBG balance from previous years.
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ATTACHMENTS
A. 2023 HUD Income Limits
B. Draft City Council Resolution No. 24-04
C. Public Notice
FY 2023 Income Limits Documentation System
HUD.gov HUD User Home Data Sets Fair Market Rents Section 8 Income Limits MTSP Income Limits HUD LIHTC Database FY 2023 Income Limits Summary
FY 2023
Income
Limit Area
Median Family Income
Click for More Detail
FY 2023 Income Limit
Category
Persons in Family
1 2 3 4 5 6 7 8
Los
AngelesLong
BeachGlendale,
CA HUD
Metro
FMR
Area
$98,200
Very Low (50%) Income
Limits ($)
Click for More Detail
44,150 50,450 56,750 63,050 68,100 73,150 78,200 83,250 Extremely Low Income
Limits ($)*
Click for More Detail
26,500 30,300 34,100 37,850 40,900 43,950 46,950 50,560 Low (80%) Income
Limits ($)
Click for More Detail
70,650 80,750 90,850 100,900 109,000 117,050 125,150 133,200 NOTE: Los Angeles County is part of the Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area, so all information presented here applies to all of the Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area. HUD generally uses the Office of Management and Budget (OMB) area definitions in the calculation of income limit program parameters. However, to ensure that program parameters do not vary significantly due to area definition changes, HUD has used custom geographic definitions for the Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area.
The Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area contains the following areas: Los Angeles County, CA; Attachment A Page 61 of 88
Select a different county or county equivalent in
California:
Inyo County
Kern County
Kings County
Lake County
Lassen County
Los Angeles County
Select county or county equivalent
Select any FY2023 HUD Metropolitan FMR Area's
Income Limits:
Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area
Select HMFA Income Limits Area
Or press below to start over and select a different
state:
Select a new state
* The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50ths (60 percent) of the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human Services (HHS), provided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, the extremely low income limits may equal the very low (50%) income limits.
Income Limit areas are based on FY 2023 Fair Market Rent (FMR) areas. For information on FMRs, please see our associated FY 2023 Fair Market Rent documentation system.
For last year's Median Family Income and Income Limits, please see here:
FY2022 Median Family Income and Income Limits for Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area Update URL for Bookmarking or Emailing
Prepared by the Program Parameters and Research Division, HUD.
R0ESOLUTION NO. 24-04
A RESOLUTION OF THE CITY OF CUDAHY CITY COUNCIL APPROVING SUBSTANTIAL AMENDMENT NO. 1 TO THE FISCAL YEAR 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.
WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title I of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Cudahy has received notification of the availability of $328,872 in federal Community Development Block Grant (CDBG) funds during Fiscal Year 2024- 25; and
WHERAS, the City of Cudahy adopts a new CDBG program, First-Time Home Buyer Down Payment Assistance, utilizing $150,000 of unallocated monies for the CDBG balance from previous fiscal years; and
WHEREAS, the Cudahy City Council has published information regarding eligible activities under the Act and has conducted a public hearing to solicit suggestions from the community for the utilization of these funds.
NOW, THEREFORE, BE IT RESOLVED,
Section 1: The Cudahy City Council hereby approves substantial amendment number one to the CDBG funds for FY 2024-25 for the following purposes:
First Time Home Buyer Down
Payment Assistance $ 150,000
Grand Total $ 150,000
Grand Total $ 220,908
Section 2: The City Council authorizes City staff to adjust the Program budget as necessary throughout the Fiscal Year. This includes, but is not limited to, allocating amounts on a per project basis, adjust project budgets, implementing a new or cancelling existing activities, to allow for the timely expenditure of CDBG-funds.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 5th day of March 2023.
Attachment B Page 63 of 88
Resolution No. 24-04
Jose R. Gonzalez
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution No. 24-04
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 24-04 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 5th day of March 2024, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
NOTICE OF PUBLIC HEARING CDBG - Page 1 of 2
See Proof on Next Page
Long Beach Press-Telegram
5150 E. Pacific Coast Highway Suite 200
Long Beach, California 90804
(562) 499-1236
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
FILE NO. 0011644718
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not party to or interested in the above-entitled matter. I am the principal clerk of the printer of Long Beach Press-Telegram, a newspaper of general circulation, printed and published in the City of Long Beach*, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of March 21, 1934, Case Number 370512. The notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
01/30/2024
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Executed at Long Beach, California,
this 30th day of January, 2024.
______________________________
Signature
*Long Beach Press-Telegram, a newspaper of general circulation, is delivered to and available in but not limited to the following cities: Long Beach, Lakewood, Bellflower, Cerritos, Downey, Norwalk, Artesia, Paramount, Wilmington, Compton, South Gate, Los Alamitos, Seal Beach, Cypress, La Palma, Lynwood, San Pedro, Hawaiian Gardens, and Signal Hill.
Attachment C Page 66 of 88
NOTICE OF PUBLIC HEARING CDBG - Page 2 of 2
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CITY MANAGER’S
ANNUAL REPORT
FEBRUARY 20, 2024
CITY COUNCIL MEETING
1 Organizational Culture Reform
Public Service Driven – Public Servant FIRST
Customer Service and Transparency Centered
Launched Open Data Contract System
Roles on variety of Regional Boards/Commissions
Southeast Gateway City Manager TAG
COG City Manager Group member
LA County Military and Veteran Affairs Commissioner
Regional and National conferences
ICMA
CA Contract Cities Associations
CA League of Cities and City Manager's Department
Executive Team Leadership Training and Team Building – Held in Mid-January City Manager Roles and Engagement
1 Communication with Council
Community Outreach efforts
Coffee with the City Manager – Returning on February 28th Communications Plan Update Coming to Council in April Engagement with City Council and Community
5 HUMAN RESOURCES
Salary and Compensation Study presented to the city council in July 2023.
Additionally, Personnel Policy and Procedures are being reviewed and updated.
Full Time Staff Increased from 42 to 45
Held Quarterly Trainings with City Staff
7 COMMUNITY SERVICES
City Recreation/Programming Improvements
Arts Project
Facilities Improvements
8 COMMUNITY DEVELOPMENT DEPARTMENT
Achievements
Starbucks opened in Summer 2023
Sprouts opened on February 16th
Adopted Economic Development plan
Adopted Rent Stabilization and Tenant Protection ordinances in July 2023 Casino Potential Development
Clara/Atlantic Potential Development
Senior Housing Project
Patata/Atlantic Potential Development
Elizabeth St. Potential Development
9 CITY CLERK DEPARTMENT
Launched Visionary Youth Leader Program
Managing destruction and retention of records
Managing Public Records requests
Assisted in the restructure of City Commissions
Adopted Policy Establishing Sister City Relationship with San Miguel El Alto (Jalisco)
10 FINANCE DEPARTMENT AND INFORMATION TECHNOLOGY (IT)
Produced a balanced budget for FY2023 with a redesigned budget document to provide additional detail to the community
Completed audits through FY2023 with no significant findings or deficiencies in internal controls E-Commerce for online payment system for Business Licenses and select community events Utilize artificial intelligence-based system to prevent and detect cyber attacks and other preventive measures on City's system to protect sensitive information
Upgrades to server and network systems to function more efficiently
FINANCE DEPARTMENT AND INFORMATION TECHNOLOGY (IT)
-
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
FY 2022-23 FY 2023-24
Grants 6,375,946 12,480,393
Special Revenue Funds 5,058,524 4,857,450
General Fund 11,827,164 14,145,048
11,827,164 14,145,048
5,058,524
4,857,450
6,375,946
12,480,393
General Fund Special Revenue Funds Grants
11 PUBLIC WORKS DEPARTMENT
Achievements
Installation of Bus Stops, Trash Receptacles and Doggy Bags at Cudahy CART Route City Hall Improvements
Construction of a new conference room
Capital Improvement Program (CIP) Approved
Atlantic Avenue Traffic Signal UPS (Battery Back-Up System) - Completed Cudahy Citywide Curb Address Painting Project – Completed Clara Park Improvements – Completed Administrative Offices for Staff
PIPELINE PROJECTS
Atlantic / Clara
Site 6 – ongoing discussions
Atlantic / Santa Ana
Site 3 – senior housing
Atlantic / Santa Ana
Site 2 – ongoing discussions
Atlantic / Cecilia
Site 4 – casino
Atlantic / Patata
Site 5 – gateway project
12 FOCUS FOR 2024
Award $29.3M in CIP Construction
Cudahy Park, Clara Park, Riverwalk and Atlantic Blvd. Corridor Secure funding for Expansion Park Bathrooms, Soccer Field and Dog Park
Secure Funding for Lugo Park Facility Renovations
Transition to Online Services (forms, payments, parking permits, etc.)
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STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Adopt a Resolution Urging Prime Healthcare to Reinstate Employment of the Nine Registered Nurses and Frontline Healthcare Workers at Prime St. Francis Medical Center in Lynwood, California
RECOMMENDATION
The City Council is requested to adopt Resolution No. 24-05 urging Prime Healthcare to reinstate employment of the nine registered nurses and frontline healthcare workers at Prime St. Francis Medical Center in the City of Lynwood.
BACKGROUND/ANALYSIS
In December 2023, nine registered nurses and frontline healthcare workers (“Workers”) were terminated from St. Francis Medical Center in Lynwood, California (“St. Francis”). Prime Healthcare (“Prime”) owns St. Francis. The nine registered nurses and frontline healthcare workers who were terminated from St. Francis were all members of SEIU-United Healthcare Workers West (“SEIU-UHW”) and United Nurses Associations of California/Union of Health Care Professionals (“UNAC/UHCP”).
The Workers were terminated for engaging in concerted union activity and speaking up for better working conditions and safer staffing levels. They delivered their concerns and support letters to corporate leadership at Prime headquarters from various local elected officials, including Los Angeles County Supervisor Janice Hahn. These letters underscored the urgent need for safer staffing levels and improvements in working conditions to enhance patient care.
This termination of the Workers came after months of attempting to address long-standing issues such as understaffing, worker turnover, and patient care concerns through bargaining.
Item Number
14B
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CONCLUSION
The City Council is recommended to adopt the proposed resolution urging Prime Healthcare to reinstate employment of the nine registered nurses and frontline healthcare workers at Prime St. Francis Medical Center in the City of Lynwood.
STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.
FINANCIAL IMPACT
No Financial Impact.
ATTACHMENT
A. Draft Resolution No. 24-05
RESOLUTION NO. 24-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY,
CALIFORNIA, URGING PRIME HEALTHCARE TO REINSTATE EMPLOYMENT
OF THE NINE REGISTERED NURSES AND FRONTLINE HEALTHCARE
WORKERS AT PRIME ST. FRANCIS MEDICAL CENTER IN LYNWOOD,
CALIFORNIA
WHEREAS, SEIU-United Healthcare Workers West (“SEIU-UHW”) and United Nurses Associations of California/Union of Health Care Professionals (“UNAC/UHCP”), represent the healthcare employees at St. Francis Medical Center in Lynwood, California (“St. Francis); and
WHEREAS, Prime Healthcare (“Prime”) owns St. Francis; and WHEREAS, in December 2023, nine registered nurses and frontline healthcare workers, who are member leaders of SEIU-UHW and UNAC-UHCP, were terminated from St. Francis; and
WHEREAS, the nine registered nurses and frontline healthcare workers were terminated after engaging in concerted union activity, speaking up for better working conditions and safer staffing after they delivered their concerns and support letters from various local elected officials, including Los Angeles County Supervisor Janice Hahn, to corporate leadership at Prime headquarters; and
WHEREAS, these support letters underscored the urgent need for safer staffing levels and improvements in working conditions to enhance patient care at St. Francis; and
WHEREAS, the firing of the nine registered nurses and frontline healthcare workers from St. Francis, after they who spoke out about their working conditions and patient care concerns during a global pandemic sets a dangerous precedent to other frontline healthcare workers advocating for themselves and their patients throughout Southern California, specifically, raising concerns about workplace safety and the quality of care provided.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. Based on the recitals above, the City Council strongly urges Prime Healthcare to immediately reverse the termination of the nine healthcare workers at St.
Francis Medical Center and reinstate them to their previous positions. The City Council further calls upon Prime Healthcare to engage in good-faith negotiations with the frontline healthcare workers of SEIU-UHW and UNAC/UHCP who are in contract negotiations to address and resolve the long-standing issues of understaffing, worker turnover, and patient care concerns.
Attachment A Page 83 of 88
Resolution 24-05
SECTION 2. This resolution shall take effect immediately upon adoption. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 5th day of March 2024.
Jose R. Gonzalez
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution 24-05
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 24-05 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 5th day of March 2024, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
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STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, Assistant City Clerk
Subject: Creation and Appointment of Keep Cudahy Clean Ad Hoc Committee
RECOMMENDATION
The City Council is requested to:
1. Create Keep Cudahy Clean Ad Hoc Committee, establish the scope of the committee, define a start and end date of committee along with the reporting requirements by the committee; and
2. Appoint two council members to serve on the Committee.
BACKGROUND
On February 6, 2024, Council Member C. Gonzalez requested the creation of the Keep Cudahy Clean Ad Hoc Committee. Per the Council Member's recommendation, the City Council will consider creating the Keep Cudahy Clean Ad Hoc Committee for a period of twelve months from the date of creation, for the purpose of developing a strategic plan and opportunities to keep the City of Cudahy clean.
ANALYSIS
Ad hoc committees are advisory committees with no decision-making power, consisting of less than a quorum of the City Council. Ad hoc committees are created for a short-term goal and have clear and defined parameters for the purpose of the Committee. Due to their advisory nature, these committees are not subject to the Brown Act's noticing or posting requirements; they are not open to the public as long as they are not serial meetings. Once the purpose of the Committee is fulfilled, their recommendations are presented to the City Council for final decisions, and the Committee is then dissolved.
Item Number
14C
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CONCLUSION
The City Council is recommended to:
1. create a Keep Cudahy Clean Ad Hoc Committee;
2. Establish a clear scope of the nature and end goal for the Committee;
3. Establish guidelines for the reporting to the Council by the Committee;
4. Establish a term of the committee; and
5. Appoint two Council Members to the Committee.
STRATEGIC PLAN CORRELATION
Goal A (Community Services, Programs and Activities for All Ages) • Strategy #3. Ensure parks are safe and clean.
FINANCIAL IMPACT
None.
ATTACHMENTS
None.