GARDENA CITY COUNCIL
Regular Meeting Notice and Agenda
Council Chamber at City Hall
1700 West 162nd Street, Gardena, California
Website:
www.cityofgardena.org
Tuesday, April 26, 2022
Closed Session 7:00 p.m.
Open Session 7:30 p.m.
TASHA CERDA
,
Mayor
RODNEY G. TANAKA,
Mayor Pro Tem
PAULETTE C. FRANCIS
,
Council Member
ART KASKANIAN
,
Council Member
MARK E. HENDERSON
,
Council Member
MINA SEMENZA
,
City Clerk
J. INGRID TSUKIYAMA,
City Treasurer
CLINT OSORIO
, City Manager
CARMEN VASQUEZ
,
City Attorney
LISA KRANITZ
,
Assistant City Attorney
PETER L. WALLIN
,
Deputy City Attorney
In order to minimize the spread of the COVID 19 virus Governor Newsom has signed AB 361. Please be advised that the Council Chambers are closed to the public and that some, or all, of the Gardena City Council Members may attend this meeting telephonically.
If you would like to participate in this meeting, you can participate via the following options:
1 .
VIEW THE MEETING live on SPECTRUM CHANNEL 22 or ONLINE at youtube.com/CityofGardena
2 .
PARTICIPATE BEFORE THE MEETING by emailing the Deputy City Clerk at [email protected]
by 5:00p.m. on the day of the meeting and write "Public Comment" in the subject line.
3 .
PARTICIPATE DURING THE MEETING VIA ZOOM WEBINAR
https://us02web.zoom.us/j/83329578514
Phone number: US: +1 669 900 9128, Meeting ID: 833 2957 8514 Press *9 to Raise your Hand and *6 to unmute when prompted.
If you wish to speak live on a specific agenda item during the meeting you, may use the “Raise your Hand” feature during the item you wish to speak on. For Non-Agenda Items, you would be allowed to speak during Oral Communications, and during a Public Hearing you would be allowed to speak when the Mayor opens the Public Hearing. Members of the public wishing to address the City Council will be given three (3) minutes to speak.
4 .
The City of Gardena, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk's Office by phone (310) 217-9565 or email [email protected]
at least 24 business hours prior to the scheduled general meeting to ensure assistance is provided. Assistive listening devices are available.
The City of Gardena thanks you in advance for taking all precautions to prevent spreading the COVID 19 virus.
1. ROLL CALL
2. CLOSED SESSION
2.A
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Gov. Code Section 54956.9(d)(1)
City of Gardena v. Marine Avenue Investments, LLC, etc. ,
L.A. Sup. Ct. Case No. 22TRCP00041
2.B
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Gov. Code Section 54956.9(d)(1)
Edwardo Vargas vs City of Gardena
WCAB NO.:
ADJ11869883; ADJ11449176
2.C
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Gov. Code Section 54956.9(d)(1)
Louie Schwartz vs City of Gardena
WCAB NO.: ADJ9043150, ADJ9199118
2.D
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Gov. Code Section 54956.9(d)(1)
Vanessa Reveter vs City of Gardena
WCAB NO.: ADJ7151609, ADJ7042022, ADJ9764617, ADJ7042820
3. PLEDGE OF ALLEGIANCE
Courtney Preston and Kaylee Houston
156th Street Elementary School
4. INVOCATION
Presented by Mayor Pro Tem Rodney G. Tanaka
5. PRESENTATIONS
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS
Treat everyone
courteously
;
Listen to others
respectfully
;
Exercise
self-control
;
Give
open-minded
consideration to all viewpoints;
Focus on the issues and
avoid personalizing debate
; and
Embrace respectful disagreement
and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
Thank you for your attendance and cooperation
PUBLIC COMMENT ON CLOSED SESSION
The City Council will hear from the public only on the items that have been described on this agenda (GC
§54954.3)
5.A
City of Gardena's June 7, 2022 Election Presentation -
to be given by City Clerk
Mina Semenza
5.B
Boards & Commissions Update - Beautification Commission
6. PROCLAMATIONS
6.A
"Older Americans Month" -
To be Proclaimed Only
Proclaim Only-Older Americans Month- May 2022.pdf
6.B
53rd Annual Municipal Clerk's Week, May 1-7, 2022 -
to be accepted by City Clerk
Mina Semenza
Proclamation - Municipal Clerks Week-2022.pdf
6.C
"Day of Remembrance of the Armenian Genocide" - April 24, 2022 - To be
Proclaimed Only
Proclaim Only-Armenian Genocide 2022.pdf
7. APPOINTMENTS
8. CONSENT CALENDAR
NOTICE TO THE PUBLIC
- Roll Call Vote Required On The Consent Calendar
All matters listed under the Consent Calendar will be enacted by one motion unless a Council Member requests Council discussion, in which case that item will be removed from the Consent Calendar and considered separately following this portion of the agenda.
8.A
Waiver of Reading in Full of All Ordinances Listed on This Agenda and that they Be Read by Title Only
CONTACT: CITY CLERK
8.B
Approve Minutes:
Regular Meeting of the City Council, March 22, 2022
CONTACT: CITY CLERK
04122022 REGULAR Minutes Gardena CC Meeting - FINAL.pdf
8.C
Approval of Warrants/Payroll Register, April 26, 2022
CONTACT: CITY TREASURER
Consent Calendar Memo 04-26-22.pdf
8.D
Personnel Report P-2022-8 4-26-22
CONTACT: HUMAN RESOURCES
PERS_RPT_P-2022-8_4-26-22.doc
8.E
RESOLUTIO
N NO. 6573
, Mak
i
ng the legally required findings to Re-Authorize the
use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Gardena City Council and other Commissions, Committees and Boards subject to State open meeting laws.
CONTACT: CITY MANAGER
RESO NO 6573.pdf
8.F
Approve Amendment 02 to Local Agreement CCTR-1084 with the California Department of Social Services for additional funding of the Gardena Family Child Care Program
CONTACT: RECREATION & HUMAN SERVICES
CCTR-1084-02.pdf
9. EXCLUDED CONSENT CALENDAR
10. PLANNING & ENVIRONMENTAL QUALITY COMMISSION ACTION SHEET
11. DEPARTMENTAL ITEMS - ADMINISTRATIVE SERVICES
12. DEPARTMENTAL ITEMS - COMMUNITY DEVELOPMENT
12.A
PUBLIC HEARING
:
ORDINANCE NO. 1840
: Adopting Chapter 18.74 to Title 18,
Zoning, of the Gardena Municipal Code Relating to Reasonable Accommodations Policy and Procedures and Directing Staff to File a Notice of Exemption from California Environmental Quality Act Pursuant to the Common Sense Exemption.
Staff Recommendation: Conduct a Public Hearing; Please allow three (3) minutes for each speaker; and Introduce Ordinance No. 1840
Planning Commission Packet, Dated February 15, 2022.pdf
Ordinance No. 1840
13. DEPARTMENTAL ITEMS - ELECTED & CITY MANAGER'S OFFICES
13.A
Financial Transparency Dashboard
13.B
COVID-19 Update
14. DEPARTMENTAL ITEMS - POLICE
14.A
PUBLIC HEARING
:
ORDINANCE NO. 1841
, Adopting a Military Equipment Use
Policy of the City of Gardena, California Governing the Use of Military Equipment pursuant to Assembly Bill 481
Staff Recommendation:
Conduct a Public Hearing, please allow three (3)
minutes for each speaker, and
introduce Ordinance No. 1841.
Attachment 1 - AB 481.pdf
Attachment 2 - Gardena Ordinance No 1841 with Exhibit A (Military Equipment Policy).pdf
15. DEPARTMENTAL ITEMS - PUBLIC WORKS
ORAL COMMUNICATIONS (
LIMITED TO A 30-MINUTE PERIOD)
Oral Communications by the public will be heard for one-half hour at or before 8:30 p.m. or at the conclusion of the last agenda item commenced prior to 8:30 p.m. Oral Communications not concluded at that time shall be resumed at the end of the meeting after Council Reports.
Speakers are to limit their remarks to three minutes, unless extended by the Mayor. An amber light will appear to alert the speaker when two minutes are complete, and a red light will appear
when three minutes are over. Your cooperation is appreciated.
15.A
Approve Consultation Contract for HF&H Consultants, LLC to Monitor the Solid Waste Contract and Manage Senate Bill 1383 Requirements for the City of Gardena.
Staff Recommendation: Approve Consultation Contract
City of Gardena HFH Consultants Proposal to Provide Consulting Services Final.pdf
HFH Consultant City Agreement 2022.pdf
15.B
RESOLUTION NO. 6554
, Approving the Engineer's Report for the Gardena Artesia Boulevard Landscaping Assessment District for fiscal year 2022-2023, declaring its intention to levy and collect assessments under the Gardena Artesia Boulevard Landscaping Assessment District for fiscal year 2022-2023, and setting a time and place for hearing protests in relation thereto (Public Hearing: May 24, 2022) Staff Recommendation: Adopt Resolution No. 6554
Gardena Landscape Engineer's Report 2022-23.pdf
Resolution No. 6554.pdf
15.C
RESOLUTION NO. 6555
, Approving the Engineer's Report for the Gardena
Consolidated Street Lighting Assessment District for fiscal year 2022-2023, declaring its intention to levy and collect assessments under the Gardena Consolidated Street Lighting District for fiscal year 2022-2023, and setting a time and place for hearing protests in relation thereto (Public Hearing: May 24, 2022) Staff Recommendation: Adopt Resolution No. 6555
Gardena SLD Engineer's Report 2022-23.pdf
Resolution No. 6555.pdf
16. DEPARTMENTAL ITEMS - RECREATION & HUMAN SERVICES
17. DEPARTMENTAL ITEMS - TRANSPORTATION
17.A
Approve Purchase of 14, 40-foot Compressed Natural Gas (CNG) Buses for $11,763,501 and Authorize Program Total of $12,351,676
Staff Recommendation: Approve Purchase and Program Total
Assignment Agreement_Gardena_Executed.pdf
Gardena Option Quote - (14) Buses REV2.pdf
ENC Bus Breakdown.pdf
Contract
OP28367_Volume I_Group A_ENC_Final_Signed.pdf
Complete Amendments to OPS28367-000 (#1 to #20).pdf
17.B
Approve Fuel Contract Increases with Pinnacle Petroleum and Clean Energy for the Purchase of Gasoline and Compressed Natural Gas (CNG) for FY22 Staff Recommendation: Approve Fuel
Contract
Increases
City Council Approval of Blanket POs 8_10_2021.pdf
18. COUNCIL ITEMS
19. COUNCIL DIRECTIVES
20. CITY MANAGER REMARKS RE: DIRECTIVES / COUNCIL ITEMS
21. COUNCIL REMARKS
1 .
COUNCIL MEMBER HENDERSON
2 .
COUNCIL MEMBER FRANCIS
3 .
MAYOR PRO TEM TANAKA
4 .
MAYOR CERDA
5 .
COUNCIL MEMBER KASKANIAN
22. ANNOUNCEMENT(S)
23. REMEMBRANCES
24. ADJOURNMENT
The Gardena City Council will adjourn to the Closed Session portion of the City Council Meeting at 7:00 p.m. followed by the Regular City Council Meeting at 7:30p.m. on Tuesday, May 10, 2022.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted in the City Hall lobby not less than 72 hours prior to the meeting. A copy of said Agenda is available on our website at www.CityofGardena.org
.
Dated this 22nd day of April 2022
/s/ MINA SEMENZA
MINA SEMENZA, City Clerk
TO BE PROCLAIMED ONLY
““ OOLLDDEERR AAMMEERRIICCAANNSS MMOONNTTHH ””
~~ MMAAYY 22002222 ~~
Every May, the nation celebrates Older Americans Month. Gardena is fortunate to have countless older Americans who enrich and strengthen our community; and the City of Gardena is committed t o engaging and support ing older adults, their families, and caregivers.
We acknowledge that communities benefit when people of all ages, abilities, and backgrounds are welcomed, included, and supported.
The theme for 2022 is Age My Way. Older adults continue to be a pillar of Gardena, which is why it is important that we explore the many ways that they can remain and be involved in our community. During this year’s Older Americans Month, we will investigate how planning, participation, accessibility, and the power of connection all play a r ole in aging in pla ce, while also understanding the indiv iduality of each person ’s needs and preferences.
The City of Gardena can work to build a n even better community for older residents by planning programs that encourage independence, ensuring activities are responsive to individual needs and preferences, and increasing access to services that support aging in place. By engaging and supporting all community members, we recogniz e that older adults play a key role in the vitality of our neighborhoods, networks, and lives. Connecting with others is one of the most important foundations of a community.
In support of this nationwide observance, I, Tasha Cerda, May or of the City of Gardena, California, am pleased to proclaim MMaayy 22002222, to be
““OOLLDDEERR AAMMEERRIICCAANNSS MMOONNTTHH””
in our City and encourage every resident to take time this month to recognize the contributions of older adults, help to build an inclusive society, and join efforts to support older Americans’ choices about how they age in their communities.
TO BE PROCLAIMED ONLY
““ DDaayy ooff RReemmeemmbbrraannccee
ooff tthhee AArrmmeenniiaann GGeennoocciiddee ””
2244tthh DDaayy ooff AApprriill 22002222
On April 24, 1915, the Ottoman Empire began its systematic genocide of the Armenian people, a minority group that had long been treated as second -class citizens. The Armenian Genocide began with forced deportation s and the murder of hundreds of Armenian intellectuals and community leaders . This ended eight years later with the deaths of more than 1.5 million men, women, and children. This marked the first genocide of the 20th century.
Since memories fade with time, it is important to remind ourselves about human tragedies that have taken plac e. T hose who survi ved the Armenian genocide and their successors have had to work hard to make these tragic even ts known to the world; battling cover-ups, misinformation, and denial.
As we remember the victims and survivors of the Armenian Genocide, we also honor their strength and resilience . As a community, it is appropriate for us to stand together and join our Armenian brothers and sisters to memorialize their fallen ancestors.
Therefore, I, Tasha Cerda, Mayor of the City of Gardena, California, he reby proclaim the 2244tthh DDaayy ooff AApprriill 22002222,, to be
““ DDaayy ooff RReemmeemmbbrraannccee ooff tthhee AArrmmeenniiaann GGeennoocciiddee ”” in the City of Gardena and encourage all citize ns to recommit ourselves to making sure we never forget the A rmenian Geno cide, and that we always speak out against hatred and atrocities when they occur in our community and throughout our Nation.
1 MINUTES
Regular Meeting of the
Gardena City Council
Tuesday, April 12, 2022
In order to minimize the spread of the COVID 19 virus, Governor Newsom has signed Assembly Bill 361. Please be advised that the Council Chambers are closed to the public and that some, or all, of the Gardena City Council Members may attend this meeting telephonically.
The Regular Meeting Notice and Agenda of the Gardena City Council of the City of Gardena, California, was called to order at 7:33 PM on Tuesday, March 22, 2022, via Zoom, Mayor Tasha Cerda presiding.
1. ROLL CALL
Present: Mayor Tasha Cerda; Mayor Pro Tem Rodney G. Tanaka; Council Member Mark E. Henderson; Council Member Art Kaskanian; and Council Member Paulette C. Francis; Other City Officials and Employees pres ent: City Manager Clint Osorio; City Attorney Carmen Vasquez; and City Clerk Mina Semenza.
PUBLIC COMMENT ON CLOSED SESSION - None
2. CLOSED SESSION - None
3. PLEDGE OF ALLEGIANCE
Crystal Contreras led the Pledge of Allegiance. Crystal Contreras is a new Recreation Leader I for the City of Gardena. She works for one of our Afterschool Programs located at Freeman Park. She's been a Gardena resident since birth and loves that she is able to LIVE, WORK & PLAY in the City which she loves.
4. INVOCATION
Presented by Mayor Pro Tem Rodney G. Tanaka.
5. PRESENTATIONS
5.A Certificate of Recognition to Roy Kim in Appreciation of His Service to the Community as a Member of the Human Services Commission
- Mayor Cerda expressed her gratitude and thanked Mr. Kim for serving in the Member of the Human Service Commission.
6. PROCLAMATIONS
6.A "DMV / DONATE LIFE MONTH," April 2022
- was proclaimed by Mayor Cerda
Gaylynn Thomas came into the meeting and thanked Council for bringing awareness to the Community. She shared her story about donor donation.
Mayor Cerda thanked her for sharing her first-hand experience.
2 6.B "CHALLENGE THE NORM AND INFLUENCE OF MARIJUANA USE ON YOUTH DAY." April 20, 2022 - was proclaimed by Mayor Cerda
Proclamation was accepted by Traci Sarawatari , Advisor to G -DDAP (Gardena Drug & Alcohol Prevention) , she thanked Mayor and Council for the support. Valentina Martinez Garcia, one of her students, came into the meeting and expressed her concerns and explained her point of view regarding marijuana use in the youth community.
7. APPOINTMENTS
7.A Council Appointments to Commissions, Committees, Councils and Boards (Appointees to be Ratified and Sworn In)
Human Services Commission – Tanoh Amoa (King Nat) Jr. - was Appointed by Mayor Cerda
Tanoh Amoa (King Nat) Jr. came into the meeting and thanked Mayor Cerda and Council for his appointment to the Human Services Commission.
It was moved by Mayor Cerda, seconded by Mayor Pro Tem Tanaka, and carried by the following roll call vote to Appoint Tanoh Amoa (King Nat) Jr. to the Human Services Commission:
Ayes: Mayor Cerda, Mayor Pro Tem Tanaka, and Council Member s Henderson, Kaskanian, and Francis
Noes: None
Absent: None
8. CONSENT CALENDAR
8.A Waiver of Reading in Full of All Ordinances Listed on This Agenda and that they Be Read by Title Only
CONTACT: CITY CLERK
8.B Approve Minutes:
Regular Meeting of the City Council, March 22, 2022
Special Closed Session of the City Council, March 28, 2022 CONTACT: CITY CLERK
8.C Approval of Warrants/Payroll Register, April 12, 2022 CONTACT: CITY TREASURER
April 12, 2022: Wire Transfer: 12141-12151; Prepay: 166794- 166798; Check Nos:
166799 -167033 – for a total Warrants issued in the amount of $4,321,802.06 Total Payroll Issued for March 25, 2022: $2,175,989.25. Total Payroll Issued for April 8, 2022: $1,509,085.88
8.D Monthly Portfolio, February 2022
CONTACT: CITY TREASURER
3 8.E Personnel Report P-2022-7 4-12-22
CONTACT: HUMAN RESOURCES
8.F RESOLUTION NO. 6571 Amending the List of Authorized Games and Authorizing the Play of Certain Games in Licensed Card Clubs
CONTACT: CITY MANAGER
RESOLUTION NO. 6571
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF
GARDENA, CALIFORNIA, AMENDING THE LIST OF
AUTHORIZED GAMES AND AUTHORIZING THE PLAY OF
CERTAIN GAMES IN LICENSED CARD CLUBS
8.G RESOLUTION NO. 6572, Making the legally required findings to Re-Authorize the use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Gardena City Council and other Commissions, Committees and Boards subject to State open meeting laws.
CONTACT: CITY MANAGER
RESOLUTION NO. 6572
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, MAKING THE LEGALLY REQUIRED
FINDINGS TO RE-AUTHORIZE THE USE OF
TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY
BILL 361 FOR MEETINGS OF THE GARDENA CITY COUNCIL
AND OTHER COMMISSIONS, COMMITTEES AND BOARDS
SUBJECT TO STATE OPEN MEETING LAWS
8.H Award engineering design services for the Budlong Avenue and Halldale Avenue Street Improvements Project, JN985, in the amount of $123,865 to Kreuzer Consulting Group.
CONTACT: PUBLIC WORKS
8.I Approve Contract Increases with MACRO, a Division of Ross & Baruzzini for GTrans Scheduling and Operations Management Project and GTrans Real -Time Information Deployment Project (GRID)
CONTACT: TRANSPORTATION
It was moved by Council Member Francis, seconded by Council Member Henderson, and carried by the following roll call vote to Approve all Items on the Consent Calendar with the exception of Items 8.H and 8.I:
Ayes: Council Members Francis, Henderson, Mayor Pro Tem Tanaka, and Council Member Kaskanian, and Mayor Cerda
Noes: None
Absent: None
4 9. EXCLUDED CONSENT CALENDAR
8.H PUBLIC WORKS - Award engineering design services for the Budlong Avenue and Halldale Avenue Street Improvements Project, JN985, in the amount of $123,865 to Kreuzer Consulting Group.
This Item was pulled by Council Member Francis ; she asked for clarification of the project; Public Works Director Allan Rigg came into the meeting and answered her question.
8.I TRANSPORTATION - Approve Contract Increases with MACRO, a Division of Ross & Baruzzini for GTrans Scheduling and Operations Management Project and GTrans Real-Time Information Deployment Project (GRID).
This Item was pulled by Council Member Francis ; she asked if this contract was from a previous meeting and are the funds coming out of the general fund. Director Crespo and City Manager Osorio explained the contract and funds in detail.
It was moved by Council Member Francis, seconded by Council Member Henderson, and carried by the following roll call vote to Approve Items 8.H and 8.I:
Ayes: Council Members Francis, Henderson, Mayor Pro Tem Tanaka, and Council Member Kaskanian, and Mayor Cerda
Noes: None
Absent: None
10. PLANNING & ENVIRONMENTAL QUALITY COMMISSION ACTION SHEET
10.A April 5, 2022 MEETING - Meeting Cancelled
ORAL COMMUNICATIONS
1) Sherelle Diggs, resident: she wanted to let Council know about how the lights are not synchronized from RBB at Budlong, where there is always a traffic jam at Popeyes Chicken going north to Rosecrans.
11. DEPARTMENTAL ITEMS - ADMINISTRATIVE SERVICES
11.A Approve Contract with TCS Risk Management Services for Third Party Administrator (TPA) Selection Process for Worker's Compensation Claims Administration
City Manager Osorio presented the Staff Report.
There was a discussion which included Council regarding the Adminsure contract; if we would get penalized if we canceled it before its term date; if TCS was going to find a third-party consultant, and if so, how long does that usually take, and do they get a flat fee; and how many people is this going to affect. City Manager Osorio and City Attorney Vasquez answered all of Council’s questions.
5 It was moved by Mayor Pro Tem Tanaka, seconded by Council Member Henderson, and carried by the following roll call vote to Approve Contract:
Ayes: Mayor Pro Tem Tanaka and Council Members Henderson, Kaskanian, Francis, and Mayor Cerda
Noes: None
Absent: None
11.B Capital Improvement Project Update
City Manager Osorio presented the Staff Report.
There was a discussion which included Mayor and Council regarding as we get better at these grants can we see what we could do to offset some of the costs at the Rosecrans Community Center; and the deferred maintenance at the Fire Station; it was then asked if we get to record half of that facility on our balance sheet. Great praise was given to City Manager Osorio and his team; it was mentioned that a lot of these projects were under budget, even the Measure G money was a godsend; we promised to use it and we are doing just that; it was also discussed that a lot of this was long overdue; it was then asked if we could explain to the public where we are going as far as our streets our concerned; and if the Council could be notified when we get to the next number. It was also asked why Vermont is so bad and then again in Torrance. City Manager Osorio and Public Works Director Rigg gave explanations and answered all of Council’s questions.
Public Speakers: 1) Claudia; and 2) Sherelle Diggs voiced their concerns regarding our parks.
This Item was Received and Filed
12. DEPARTMENTAL ITEMS - COMMUNITY DEVELOPMENT
12.A PUBLIC HEARING: RESOLUTION 6570, Upholding the Decision of the Planning Commission Approving Site Plan Review #5-21, Conditional Use Permit #5-21, and Conditional Use Permit #6- 21 to Develop A 121- Unit Single Room Occupancy Housing Development, With Seven Affordable Units, and Two, Six-Tier Automated Parking Structures on a One- Acre Property in the M -1 (Industrial) Zone with, and Directing Staff to File A Notice of Exemption for a Class 32 In-Fill Development Or Reversing the Decision and Denying the Applications
APPLICANT: West Realty Group, Inc., Lee Johnson
LOCATION: 13126 South Western Avenue
City Manager Osorio presented the Staff Report.
Senior Planner Amanda Acuna gave the PowerPoint presentation and was available for any questions. Assistant City Attorney Lisa Kranitz and Community Development Director Greg Tsujiuchi, and Environmental Consultant Rita Garcia were also available for any questions.
Applicant of West Realty Group, Inc., Lee Johnson, explained the purpose of the project in detailed and its benefits to the new reliable tenants. He was available for any questions.
6 Mayor Cerda opened the Public Hearing at 9:10 p.m. and asked if there were any comments from the public.
Public Speakers:
Claudia; Gardena Resident; Zahid Ahmed; Wanda Love; Cherise: All expressed their concerns and spoke in opposition of the project.
Sherelle Diggs, asked how residents can apply for the low -income units and why are current Gardena residents not the primary target audience.
There was a discussion that included our Mayor and our Council Members. Some of the items discussed were when did we adopt the Ordinance that approved the SRO ; and was the minimum square footage 350; Council Member Francis wanted to make a point of clarification to Mr. Johnson when she mentioned food scarcity as a factor that identified disadvantaged communities that was the sole purpose; if we move forward if we are going to get the color blue; it was stated that we are giving our residents options.
Assistant City Attorney Kranitz, Community Development Director Tsujiuchi and Senior Planner Acuna answered all of Council’s questions.
There was no further comment, Mayor Cerda closed the Public Hearing at 9:40 p.m.
It was moved by Mayor Pro Tem Tanaka, seconded by Council Member Kaskanian, and carried by the following roll call vote to Approve Option 2 – Make a motion to rescind the previous action on this matter denying the project and adopt Resolution No. 6570 approving the project:
Ayes: Mayor Pro Tem Tanaka and Council Members Kaskanian, Henderson, and Mayor Cerda
Noes: Council Member Francis
Absent: None
13. DEPARTMENTAL ITEMS - ELECTED & CITY MANAGER'S OFFICES
13.A COVID-19 Update
City Manager Osorio presented the update.
14. DEPARTMENTAL ITEMS – POLICE – No Items
15. DEPARTMENTAL ITEMS - PUBLIC WORKS
15.A Approve and authorize Director of Public Works to execute an Authorization for Crossing Improvements between the City of Gardena and Union Pacific Railroad (UPRR) for the Artesia Boulevard Arterial Improvement Project JN 935.
City Manager Osorio presented the Staff Report.
Director of Public Works Allan Rigg, was available for any questions.
Public Speaker: Zahid Ahmed came into the meeting and voiced his concerns.
7 There was a discussion which included Mayor and Council regarding hours of construction; why they can’t fix the railroad tracks near the lumberyard; if the money that is being budgeted is Measure R, Prop C, ours, or the RR; Director Rigg answered all of Council’s questions.
It was moved by Council Member Henderson, seconded by Council Member Francis, and carried by the following roll call vote to Authorized the Director of Public Works to execute an Authorization for Crossing Improvement with UPRR:
Ayes: Council Members Henderson, Francis, Mayor Pro Tem Tanaka, and Council Member Kaskanian, and Mayor Cerda
Noes: None
Absent: None
15.B Award Construction Contract for the Pedestrian Safety Improvement FY 2021- 2022 Project, JN 993, to Ruiz Concrete and Paving, Inc., in the amount of $285,635.00, Declare California Environmental Quality Act (CEQA) Exemption, Approve the Project Plans & Specifications and Budget Contingency.
City Manager Osorio presented the Staff Report.
Public Speaker: Zahid Ahmed: came into the meeting and voiced his concerns.
Council Member Francis asked how many sites were selected and if some can be added. Public Works Director Rigg answered all of her questions.
It was moved by Mayor Pro Tem Tanaka, seconded by Council Member Kaskanian, and carried by the following roll call vote to Award Construction Contract, Declare CEQA Exemption, Approve the Project Plans and Specifications, and Approve Expenditures of Remaining Budget as Contingency:
Ayes: Mayor Pro Tem Tanaka and Council Members Kaskanian, Henderson, Francis, and Mayor Cerda
Noes: None
Absent: None
16. DEPARTMENTAL ITEMS - RECREATION & HUMAN SERVICES – No Items
17. DEPARTMENTAL ITEMS – TRANSPORTATION – No Items
18. COUNCIL ITEMS – No Items
19. COUNCIL DIRECTIVES
Council Member Kaskanian
1) Requested a Proclamation for Armenian Genocide Remembrance Day, observed every 24 April. Council Member Francis seconded it.
8 2) Question or Directive for City Manager Osorio: Follow- up regarding Casinos Business Interruption Insurance for loss revenue. City Manager Osorio address the directive and stated that the City received 1.7 or 1.8 million to augment the loss of revenue that the city experience during the shutdown of the Lucky Lady.
Council Member Francis
1) Asked for an update regarding the COVID relief funds for our small businesses: What businesses benefited from the funds. City Manager Osorio stated that a full report was provided in a previous meeting, and he can resubmit the report that was generated for her review.
2) Asked for an update regarding the COVID relief funds for renters. City Manager Osorio reiterated that the request was also covered, and report will be sent to her.
3) Asked is there a Plan for Reopening the City and is there a way to update our residents of when the City fully reopens with no restrictions – “back to normal”. Seconded by Mayor Cerda.
City Manager Osorio explained that when the City gets to that point all outlets will be used to make everyone aware. Council Member Henderson stated that he would like to add a PSA to inform every one of the City Council Meetings.
4) Asked about the Prescription Drug Take-Back Day Event.
5) Asked for a letter of support to Maxine Waters in support of a Grant Proposal to divide funds for Autism Therapy Services. Seconded by Council Member Henderson.
6) Asked for a letter of support for a specific organization to get a grant for California Homeless Families. Mayor Cerda asked for additional information. City Attorney asked that she send the email to all Council Members for their review.
Council Member Henderson
1) Asked if our Homeless Plan dependent on us getting funding for homelessness.
2) In regard to traffic mitigation and counter measures research, can PD look into additional counter measure possibilities for 147
th and 157th streets. Seconded by Mayor Pro Tem
Tanaka.
3) Asked for status of Wi -Fi project for Rowley Park. City Manager Osorio stated that a report is being generated. Mayor Pro Tem Tanaka added that the COG has available funds for broadband
20. CITY MANAGER REMARKS RE: DIRECTIVES / COUNCIL ITEMS
City Manager Osorio gave a verbal report of information to follow -up on matters that had been directed or requested by the Mayor and Members of Council. Those items were, as follows:
9 1. The City received 1.4 million dollars to complete the Aquatic and Senior Center Renovation Project and also held the Groundb reaking Ceremony in front of Primm Pool.
2. Video presentation highlighting the Recreation and Human Services Department current and future events:
• Garden Party, Thursday, March 24, 2022, from 5:3 p.m. – 6:30 p.m. at the City Hall Lawn. Special guest Congresswoman Maxine Waters.
• Groundbreaking Ceremony, Community Aquatics & Senior Center on Thursday, April 7, 2022, at 10:00 a.m. 1654 W. 160
th St, Gardena.
• Spring Yard Sale, Saturday, April 9, 2022, at 7:00 a.m. – 1:00 p.m., Mas Fukai Park 15800 Brighton Ave., Gardena.
• The Easter Bunny is Hopping into Gardena. Our bunny is feeling generous and will be giving away special surprises to our community members! You may see our bunny at your favorite local eatery. Locations hints will be posted on our social media pages.
• Under the Sea Bingo, Thursday, April 14, 2022, 11:30 a.m. – 1:00 p.m. at the Nakaoka Community Center Auditorium. Seniors 60+, Enjoy Lunch & Play for free to Win Prizes! Pre- register by calling the Senior Citizens Bureau at 310- 217-9552.
• Spring Carnival at Mas Fukai Park on Friday, April 15, 2022: 5:00 p.m. – 11:00 p.m; Saturday, April 16, 2022: 2:00 p.m. – 11:00 p.m; Sunday, April 17, 2022:
2:00 p.m. – 10:00 p.m.
• Easter at the Parks, Saturday, April 16, 2022, 10:00 a.m. – 12:00 p.m. at Freeman and Rowley Park. Egg Hunt Starts at 10:00 a.m. ages 12 & under. • Breakfast with the Easter Bunny at City Hall Lawn, Saturday, April 16, 2022, 8:30 a.m. – 11:30 a.m. Free Egg Hunt 10:30 a.m. (ages 12 & under). • Free COVID-19 Vaccinations Mobil Clinic, Tuesday, April 19, 2022, City Hall Complex Lawn, 1700 W. 162
nd St., Gardena. Please call (310)217- 9537 for an
appointment.
• Happy Earth Day, Saturday, April 23, 2022, 8:00 a.m. – 2:00 p.m. Earth Day Community Clean -Up and Celebration Come Join Our Efforts to Keep Gardena Beautiful. For further information contact (310)217-9537. • Join Us for Our First -Ever Mariachi and Maracas, Saturday, April 30, 2022, 11:00 a.m. – 3:00 p.m. at the City Hall Complex. Special Performances – Food – Retail Vendors – Music.
• The City of Gardena Food Truck & Street Fiesta presents The Inaugural Salsa Showdown, Saturday, April 30, 2022, at City Hall Complex. Sampling time 12:00 p.m. – 2:00 p.m., Amateur (Home Made) and Professional (Restaurant). If you are interested in competing, register a t www.cityofgardena.org/events or call
(310)217-9537.
• Save the Date! Healthy Pet Clinic, Sunday, May 15, 2022, 10:00 a.m.-1:00 p.m. at the Nakaoka Community Center, for questions please call (310)217-9537. • Save the Date! City of Gardena’s Dodger Day, Friday, July 8, 2022. Game start time 7:10 p.m. Come enjoy a night of baseball followed by a firework show. • Save the Date! City of Gardena Jazz Festival, Sunday, August 28, 2022, at Rowley Park. Stay tuned for ticket information & artist announcements on our social media pages.
• City of Gardena Co-ed Softball, Friday Nights at Mas Fukai Park. Season begins April 22, 2022. Team registration: Friday, April 1 - Saturday, April 16, 2022. 10 Register online at www.cityofgardena.org/events ; In -person: Nakaoka Community Center 1670 W. 162nd Street, Gardena.
• Announced the new Economic Development Manager Jackie Choi.
City Manager Osorio read Mrs. Choi’s bio. Jackie came into the meeting and introduced herself.
Council Member Kaskanian had a question regarding the Under the Sea Bingo Event.
21. COUNCIL REMARKS
1. COUNCIL MEMBER FRANCIS – Since the last meeting, she attended the District 1 Neighborhood Watch Meeting; Garden Party with special guest Congresswoman Maxine Waters; Candidate Forum for the Special Election for Assembly District 62 to fill the vacancy that was previously held by the Honorable Autumn Burke. She also attended the Los Angeles Democratic Party Meeting. She welcomed our new Economic Development Manager Jackie Choi and looks forward to meeting with her. She would like to remind everyone that Spring Break is here, and we have a lot of young people around. She pointed out that in this month of April coincidently, we are celebrating Ramadan, Easter, and Passover, its unusual and does not happen often. She wished everyone a safe and healthy holiday season. She wants to encourage everyone to remain diligent and keep the family safe and healthy as we are currently stil l under this Pandemic.
2. MAYOR PRO TEM TANAKA - Since the last meeting Mayor Pro Tem attended the tea party and thanked Congresswoman Maxine Waters, COG’s 22nd Annual General Assembly, attended funeral for Ed Russ, celebration for four of the veterans at the VFW 1961 and 3261 they were honored with quilts, attended police promotion for Sergeant Reynaga, Grand Prix at Long Beach, Aquatic Senior Center groundbreaking, Police Foundation Scholarships, COG Steering Committee Meeting, and Special COG Board Meeting. Wished everyone a great Easter.
3. COUNCIL MEMBER KASKANIAN - Since the last meeting Council Member Kaskanian attended the Garden Tea Party with Congresswoman Maxine Water and thanked the congresswoman, also attended Pinning ceremony for officer Biscocho, Detective Reynaga’s promotion to Sergeant, luncheon for the Gardena Police Foundation, Grand Prix at Long Beach, and the groundbreaking of the Senior Aquatics Center. Wished everyone a Happy Ramadan, Happy Passover, and Happy Easter.
4. MAYOR CERDA - Since the last meeting Mayor Cerda attended the Garden Tea Party and thanked Congresswoman Maxine Waters. Also attended funeral services for former Mayor Ed Russ, pinning ceremony for the new officer Biscocho, promotion ceremony for Sergeant Reynaga, ICA conference, groundbreaking for the new Senior Aquatics Center, Police Foundation Scholarship luncheon and thanked City Attorney Vasquez for giving back. Also shared she attended the barbecue at the VFW and funeral services for Officer Dixon’s mother. Mayor Cerda added Cynthia Ann Evans to the remembrances.
5. COUNCIL MEMBER HENDERSON - Council Member Henderson welcomed Jackie Choi as the new Economic Development Manager. Since the last meeting Council Member Henderson attended the Garden Tea Party, groundbreaking at the Aquatic Senior Center, ICA conference, District 1 meeting, Responsible Governance Committee with the Los Angeles Business Federation, Business Federation University of Southern California, SKAG Regional Council Meeting, Police Foundation Lunch, and the VFW 11 luncheon. Lastly, wished everyone a Happy Easter and encouraged everyone to embrace each other.
22. ANNOUNCEMENT(S)
Mayor Cerda state that all announcements have been made under City Manager remarks.
23. REMEMBRANCES
Mr. Roy Jackson , 75 years of age, a Veteran, and a Gardena resident. Mr. Jackson was also a client of the Senior Meals Program; Mrs. Hideko Kawahara , 92 years of age, long time Gardena resident and a client of the Senior Meals Program, she is survived by her husband Herbert; Mrs. Blanca Almeida, 88 years of age, Mrs. Almeida was a client of the City of Gardena's Senior Citizen Day Care Center; Doctor Alfonso Baez , who had his medical practice in the City of Gardena, and served the Gardena community for over 40 years; and Mr. IL Koo Lee, 89 years of age, beloved grandfather of Katherine Rhee, Records Management Coordinator with the City Clerk's Office; Cynthia Ann Evans, mother of Officer Sean Dixon.
24. ADJOURNMENT
At 10:58 p.m., Mayor Cerda adjourned the Gardena City Council Meeting to the Closed Session portion of the City Council Meeting at 7:00 p.m., and the Regular City Council Meeting at 7:30 p.m. on Tuesday, April 26, 2022.
MINA SEMENZA
City Clerk of the City of Gardena and
Ex-officio Clerk of the Council
APPROVED:
______________________________ By:___________________________ Tasha Cerda, Mayor Becky Romero, Deputy City Clerk
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: City Treasurer’s Office
DATE: April 21, 2022
SUBJECT: WARRANT REGISTER
PAYROLL REGISTER
April 26, 2022 TOTAL WARRANTS ISSUED: $2,757,705.49
Wire Transfer: 12152-12160
Prepay: 167034
Check Numbers: 167035-167222
Checks Voided:
Total Pages of Register: 21
April 22, 2022 TOTAL PAYROLL ISSUED: $1,980,540.80
__________________________________
for J. Ingrid Tsukiyama, City Treasurer
cc: City Clerk
04/21/2022
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Voucher Date Vendor Invoice PO # Description/Account Amount 12152 4/7/2022 419630 U.S. BANK 1956082 TAXABLE LEASE REVENUE REFUNDING BONDS, 285,466.83 Total : 285,466.83
12153 4/7/2022 419630 U.S. BANK 1956085 LEASE REVENUE BONDS, SERIES 2021 606,215.99 Total : 606,215.99
12154 4/6/2022 104058 ADMINSURE INC. 040622 WORKERS' COMP CLAIMS ADMINISTRATION- 53,565.38 Total : 53,565.38
12155 4/11/2022 111989 COOK, BRAXTON 040622 034-00517 ENTERTAINMENT SERVICES - JAZZ FESTIVAL - 4,000.00 Total : 4,000.00
12156 4/12/2022 104058 ADMINSURE INC. 041222 WORKERS' COMP CLAIMS 21,408.52 Total : 21,408.52
12157 4/11/2022 111894 HEALTHNOW ADMINISTRATIVE, SERVICES U4722 HEALTH INSURANCE CLAIMS 52,317.28 Total : 52,317.28
12158 4/18/2022 111374 LINCOLN NATIONAL LIFE, INSURANCE COMPANYAPRIL 2022 LIFE INSURANCE GRP PLANS 3,266.88 Total : 3,266.88
12159 4/18/2022 104058 ADMINSURE INC. 041822 WORKERS' COMP CLAIMS ADMINISTRATION- 52,482.12 Total : 52,482.12
12160 4/18/2022 111894 HEALTHNOW ADMINISTRATIVE, SERVICES U4723 HEALTH INSURANCE CLAIMS~ 89,543.49 Total : 89,543.49
167034 4/21/2022 112045 WOLLIN, RICHARD 041922 CLAIM FOR DAMAGES SETTLEMENT 62.50 Total : 62.50
167035 4/26/2022 104058 ADMINSURE INC. 15021 023-01345 WORKERS' COMP CLAIMS ADMINISTRATION 12,030.00 Total : 12,030.00
167036 4/26/2022 101748 AFTERMARKET PARTS COMPANY LLC, THE 82649891 037-10048 GTRANS AUTO PARTS 692.08 037-10048 81.81GTRANS AUTO PARTS82650003
037-10048 203.24GTRANS AUTO PARTS82651221
923.95GTRANS AUTO PARTS82652541
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Voucher Date Vendor Invoice PO # Description/Account Amount 167036 4/26/2022 (Continued)101748 AFTERMARKET PARTS COMPANY LLC, THE 037-10048
622.97GTRANS AUTO PARTS82652542
037-10048
037-10048 851.99GTRANS AUTO PARTS82655085
037-10048 1,696.04GTRANS AUTO PARTS82655145
160.84GTRANS AUTO PARTS82655182
037-10048
037-10048 590.94GTRANS AUTO PARTS82657468
Total : 5,823.86
167037 4/26/2022 101338 ALCO TARGET COMPANY 70890 PD TRAINING SUPPLIES 264.99 Total : 264.99
167038 4/26/2022 111991 APB PROPERTIES LLC B/L #19289 REFUND - BUSINESS LICENSE OVERPAYMENT 22.95 Total : 22.95
167039 4/26/2022 108625 ARAD OIL INC. MARCH 2022 CAR WASH 240.00 Total : 240.00
167040 4/26/2022 105293 ARC DOCUMENT SOLUTIONS, LLC 11190499 REPROGRAPHIC SERVICES - TREE TRIMMING MA 28.30
28.30REPROGRAPHIC SERVICES - LANDSCAPE MAINT11190503
Total : 56.60
167041 4/26/2022 111551 ARECHIGA, OSVALDO 041122 REFUND - LOAN #003 REFINANCED 115.76 Total : 115.76
167042 4/26/2022 106965 ASSA ABLOY ENTRANCE, SYSTEMS US INC. SEI/1507256 PW MAINT SUPPLIES 267.24 Total : 267.24
167043 4/26/2022 104687 AT&T 17669233 TELEPHONE 393.39 395.67TELEPHONE17958959
851.53TELEPHONE17994366
374.70TELEPHONE18050638
16,036.92TELEPHONE18050949
556.77TELEPHONE18053758
Total : 18,608.98
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Voucher Date Vendor Invoice PO # Description/Account Amount 167044 4/26/2022 616090 AT&T 3103232408 04/01/22 TELEPHONE 2,436.26 Total : 2,436.26
167045 4/26/2022 111170 AT&T FIRSTNET 287290885074X4102022 CITYWIDE CELL PHONE ACCT #287290885074 1,951.75 145.47PD CELL PHONE ACCT #287293420631287293420631X121021 144.99PD CELL PHONE ACCT #287293420631287293420631X4102022 1,630.66COVID-19 FIRSTNET COMMUNICATION SERVICES287298156560X4102022 428.06BUS CELL PHONE ACCT #287303490376287303490376X4102022 Total : 4,300.93
167046 4/26/2022 100474 AT&T LONG DISTANCE 041222 TELEPHONE 63.00 Total : 63.00
167047 4/26/2022 100964 AT&T MOBILITY 287275680401X3012022 PD CELL PHONE ACCT #287275680401 202.52 152.36PD CELL PHONE ACCT #287275680401287275680401X4012022
86.46CM CELL PHONE ACCT #828667974828667974X04162022
644.97PD CELL PHONE ACCT #835577878835577878X03012022
645.97PD CELL PHONE ACCT #835577878835577878X04012022
Total : 1,732.28
167048 4/26/2022 106138 AUDIOVISION, INC. B/L #28875 REFUND - BUSINESS LICENSE OVERPAYMENT 24.76 Total : 24.76
167049 4/26/2022 102880 AUTOPLEX, INC. 13733 2020 FORD INTRCPTR #1591740 OIL & FILTER 82.19
45.542016 FORD INTRCPTR #1484145 OIL & FILTER13734
85.042021 FORD INTRCPTR #1614738 OIL & FILTER13739
Total : 212.77
167050 4/26/2022 110190 BASNET FAMILY CHILD CARE MARCH 2022 CHILD CARE PROVIDER 10,791.00 Total : 10,791.00
167051 4/26/2022 104141 BCD FOOD, INC. B/L #24668 REFUND - BUSINESS LICENSE OVERPAYMENT 998.50 Total : 998.50
167052 4/26/2022 102035 BD WHITE TOP SOIL CO., INC. 86631 PARK MAINT SUPPLIES 114.11 Total : 114.11
167053 4/26/2022 111511 BEETRONICS B V 6488 PD SUPPLIES 391.50 3Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 391.50 167053 4/26/2022 111511 111511 BEETRONICS B V 167054 4/26/2022 102135 BEHRENDS, KENT 094 023-01346 IT NETWORK SUPPORT - OUTSIDE RETAINER 4,593.75 023-01346 3,400.00IT NETWORK SUPPORT91
Total : 7,993.75
167055 4/26/2022 111606 BEST EQUIPMENT SERVICE 51464 TIRE MACHINE TRAINING 355.00 Total : 355.00
167056 4/26/2022 103887 BESTLINE PLUMBING, INC. B/L #35800 REFUND - BUSINESS LICENSE OVERPAYMENT 75.00 Total : 75.00
167057 4/26/2022 111875 BOA ARCHITECTURE 21-2946-2 024-00805 FIRE STATION #158 ROOF REPLACEMENT, JN50 11,620.00 Total : 11,620.00
167058 4/26/2022 108715 BOBBS FAMILY CHILDCARE MARCH 2022 CHILD CARE PROVIDER 4,504.00 Total : 4,504.00
167059 4/26/2022 112005 BORIONE, INC. B/L #37761 REFUND - BUSINESS LICENSE OVERPAYMENT 229.10 Total : 229.10
167060 4/26/2022 110496 BOWL THAI B/L #31861 REFUND - BUSINESS LICENSE OVERPAYMENT 756.45 Total : 756.45
167061 4/26/2022 105008 CALIFORNIA BUILDING STANDARDS, COMMISSIONJAN-MAR 2022 BUILDING STANDARDS ADMIN SPECIAL 839.70 Total : 839.70
167062 4/26/2022 103383 CALPORTLAND 95408354 STREET MAINT SUPPLIES 877.59 Total : 877.59
167063 4/26/2022 110538 CANNON COMPANY 79923 024-00807 VERMONT AVE IMPROVEMENTS (ARTESIA TO GAR 25,374.50 Total : 25,374.50
167064 4/26/2022 110538 CANNON COMPANY 79922 024-00808 VERMONT ST IMPROVEMENT (ROSECRANS TO 135 19,061.75 Total : 19,061.75
167065 4/26/2022 111946 CASTRO, DAMARIZ RECEIPT #34896300 REFUND - PICNIC SHELTER RESERVATION 100.00 Total : 100.00
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Voucher Date Vendor Invoice PO # Description/Account Amount 167066 4/26/2022 111453 CATONE, BURNA B/L #15098 REFUND - BUSINESS LICENSE OVERPAYMENT 20.00 Total : 20.00
167067 4/26/2022 303331 CDTFA JAN-MAR 2022 UNDERGROUND STORAGE TANK MAINT FEE 1,513.00 Total : 1,513.00
167068 4/26/2022 111966 CELEDON'S EXERCISE EQUIPMENT, SERVICE2835 GTRANS FITNESS EQUIPMENT MAINTENANCE SER 1,326.90 Total : 1,326.90
167069 4/26/2022 103489 CF UNITED LLC 030122-033122 CAR WASH - MARCH 2022 72.00 Total : 72.00
167070 4/26/2022 108378 CHARLES E. THOMAS COMPANY INC. 84778 037-10045 DESIGNATED OPERATOR SERVICES 200.00 Total : 200.00
167071 4/26/2022 103127 CHILD 2 CHILD CONNECTION, FAMILY DAY CAREMARCH 2022 CHILD CARE PROVIDER 3,677.00 Total : 3,677.00
167072 4/26/2022 111534 CLEAN ENERGY PJI00025309 037-10062 GTRANS CNG FUELING STATION PROJECT 616,788.15 Total : 616,788.15
167073 4/26/2022 111416 COLANTUONO, HIGHSMITH &, WHATLEY, PC 51388 LEGAL SERVICES 718.05 Total : 718.05
167074 4/26/2022 109913 COSTAR REALTY INFORMATION INC. 115904920 COSTAR SUITE - APRIL 2022 1,060.66 Total : 1,060.66
167075 4/26/2022 102791 CPAC, INC. 1294497 023-01379 (20) COMPUTER REPLACEMENT PC & MONITORS 28,914.50 Total : 28,914.50
167076 4/26/2022 104152 CREATIVE BUS SALES, INC. XA113003890:01 GTRANS AUTO PARTS 37.60 Total : 37.60
167077 4/26/2022 103512 CRENSHAW LUMBER CO. 45173 STREET MAINT SUPPLIES 30.76 Total : 30.76
167078 4/26/2022 103353 CRM COMPANY, LLC. LA19986 SCRAP TIRE DISPOSAL FEE 69.50 124.50SCRAP TIRE DISPOSAL FEELA19987
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Voucher Date Vendor Invoice PO # Description/Account Amount 167078 4/26/2022 (Continued)103353 CRM COMPANY, LLC.
460.09SCRAP TIRE DISPOSAL FEELA20004
Total : 654.09
167079 4/26/2022 110319 CWE DIRECTOR 22148 024-00766 MS4 & NPDES - MONITORING & COMPLIANCE SE 14,065.40 Total : 14,065.40
167080 4/26/2022 111377 DE NOVO PLANNING GROUP 3360 032-00092 PROFESSIONAL SERVICES - UHAUL REDEVELOPM 7,276.25 Total : 7,276.25
167081 4/26/2022 104310 DEPARTMENT OF CONSERVATION JAN-MAR 2022 STRONG MOTION INSTRUMENTATION & SEISMIC 3,802.58 Total : 3,802.58
167082 4/26/2022 303459 DEPARTMENT OF JUSTICE 570855 FINGERPRINT APPS - MARCH 2022 2,530.00 Total : 2,530.00
167083 4/26/2022 109269 DETROIT SPONGE & CHAMOIS CO. 203390 BUS WASH SUPPLIES 86.80 Total : 86.80
167084 4/26/2022 104343 DISCOUNT SCHOOL SUPPLY W81134070101 331-00057 FCC PROGRAM SUPPLIES 317.41 331-00057 3,068.44FCC PROGRAM SUPPLIESW81134070102
Total : 3,385.85
167085 4/26/2022 107621 EASTERN PNEUMATICS & HYDRAULIC 047368 REPAIR & RECALIBRATE TORQUE GUN 1,357.57 Total : 1,357.57
167086 4/26/2022 105867 EL CAMINO COLLEGE 2672 PARKING LOT RENTAL FOR DRIVERS TRAINING 800.00 Total : 800.00
167087 4/26/2022 110534 EL DORADO NATIONAL 90724199 GTRANS BUS VEHICLE SUPPLIES 166.16 Total : 166.16
167088 4/26/2022 110532 ELECTRIC CAR SALES & SERVICE 28497 GTRANS AUTO PARTS 148.18 Total : 148.18
167089 4/26/2022 105418 EMPIRE CLEANING SUPPLY S4994694 CUSTODIAL SUPPLIES 1,436.30 864.40CUSTODIAL SUPPLIESS5026950
536.19CUSTODIAL SUPPLIESS5047248
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Voucher Date Vendor Invoice PO # Description/Account Amount 167089 4/26/2022 (Continued)105418 EMPIRE CLEANING SUPPLY
2.69CUSTODIAL SUPPLIESS5065143
50.70CUSTODIAL SUPPLIESS5076069
138.52PARK MAINT SUPPLIESS5119869
1,091.74CUSTODIAL SUPPLIESS5146589
400.79PARK MAINT SUPPLIESS5174708
Total : 4,521.33
167090 4/26/2022 107690 ENLIGHTENMENT CHILD, DEVELOPMENT CENTER, LLCMARCH 2022 CHILD CARE PROVIDER 9,142.00 Total : 9,142.00
167091 4/26/2022 107510 ESCALANTE, WENDY E. MARCH 2022 CHILD CARE PROVIDER 7,796.00 Total : 7,796.00
167092 4/26/2022 105650 EWING IRRIGATION PRODUCTS 16382338 PARK MAINT SUPPLIES 311.41 Total : 311.41
167093 4/26/2022 100055 FAIR HOUSING FOUNDATION MARCH 2022 CDBG CONSULTANT 1,967.37 Total : 1,967.37
167094 4/26/2022 106129 FEDEX 7-710-87225 SHIPPING SERVICES 27.97 268.56SHIPPING SERVICES7-717-89945
Total : 296.53
167095 4/26/2022 111415 FILTERBUY, INC BAFEC8C7-0008 GTRANS SHOP SUPPLIES 225.44 Total : 225.44
167096 4/26/2022 103083 FIRST ADVANTAGE LNS OCC HEALTH, SOLUTIONS2504862203 DRUG TEST/ADMIN FEE 694.29 Total : 694.29
167097 4/26/2022 107724 GARCIA, CLAUDIA CRISTINA MARCH 2022 CHILD CARE PROVIDER 11,159.00 Total : 11,159.00
167098 4/26/2022 207133 GARCIA, NANCY C. MARCH 2022 CHILD CARE PROVIDER 10,490.00 Total : 10,490.00
167099 4/26/2022 112003 GARDENA AUTO BODY PLUS B/L #34425 REFUND - BUSINESS LICENSE OVERPAYMENT 164.00 7Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 164.00 167099 4/26/2022 112003 112003 GARDENA AUTO BODY PLUS 167100 4/26/2022 107080 GARDENA BEAR WHEEL 56780 2015 FORD EXPLR #1462840 95.00 Total : 95.00
167101 4/26/2022 106940 GARDENA BOWLING CENTER INC. B/L #5889 REFUND - BUSINESS LICENSE OVERPAYMENT 254.50 Total : 254.50
167102 4/26/2022 111995 GARDENA LF LLC B/L #19623 REFUND - BUSINESS LICENSE OVERPAYMENT 410.00
50.00REFUND - BUSINESS LICENSE OVERPAYMENTB/L #35306
Total : 460.00
167103 4/26/2022 107011 GARDENA VALLEY NEWS, INC. 0116736 NOTICE OF PUBLIC HEARING - 220.50 Total : 220.50
167104 4/26/2022 107034 GARDENA WELDING SUPPLY CO INC. 95 121469 GTRANS MAINT SUPPLIES 288.83 Total : 288.83
167105 4/26/2022 619005 GAS COMPANY, THE 040522 GAS 9,123.97 927.33CNG FUEL040722
Total : 10,051.30
167106 4/26/2022 107056 GENFARE 90180983 GTRANS AUTO PARTS 35.41 -37.74GTRANS AUTO PARTS90181601
36.66GTRANS AUTO PARTS90181691
Total : 34.33
167107 4/26/2022 112022 GILBERT PLUMBING B/L #24334 REFUND - BUSINESS LICENSE OVERPAYMENT 75.00 Total : 75.00
167108 4/26/2022 619004 GOLDEN STATE WATER CO. 040722 WATER 10,219.60 Total : 10,219.60
167109 4/26/2022 107513 GRAINGER 9252956652 BUS FACILITY SUPPLIES 47.92
25.86BUS FACILITY SUPPLIES9262674824
455.09BUS FACILITY SUPPLIES9264721219
162.74BUS FACILITY SUPPLIES9264721227
11.85BUS FACILITY SUPPLIES9269429834
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Voucher Date Vendor Invoice PO # Description/Account Amount 167109 4/26/2022 (Continued)107513 GRAINGER
214.15BUS FACILITY SUPPLIES9270833412
243.74BUS FACILITY SUPPLIES9273174244
57.37BUS FACILITY SUPPLIES9274696906
9.67BUS FACILITY SUPPLIES9275036110
-214.15BUS FACILITY SUPPLIES9278465753
Total : 1,014.24
167110 4/26/2022 110435 GUERRERO, ANGELICA MARCH 2022 CHILD CARE PROVIDER 11,421.00 Total : 11,421.00
167111 4/26/2022 111484 HANNA, BROPHY, MACLEAN,, MCALEER & JENSEN LLP2058886 PROFESSSIONAL SERVICES 640.00 Total : 640.00
167112 4/26/2022 108607 HENDERSON-BATISTE, TANEKA MARCH 2022 CHILD CARE PROVIDER 4,050.00 Total : 4,050.00
167113 4/26/2022 111549 HF & H CONSULTANTS, LLC 9719055 CONSULTING SERVICES - SOLID WASTE 4,657.00 Total : 4,657.00
167114 4/26/2022 108434 HOME DEPOT CREDIT SERVICES 0034548 GTRANS MAINT SUPPLIES 703.65
96.98GTRANS MAINT SUPPLIES089551
272.16GTRANS MAINT SUPPLIES4021312
273.42GTRANS MAINT SUPPLIES6164325
Total : 1,346.21
167115 4/26/2022 109047 HSMARKET INC. B/L #16646 REFUND - BUSINESS LICENSE OVERPAYMENT 125.00 Total : 125.00
167116 4/26/2022 112023 HUD INDUSTRIES B/L #6010 REFUND - BUSINESS LICENSE OVERPAYMENT 28.47 Total : 28.47
167117 4/26/2022 111993 INLAND PACIFIC MANAGEMENT, INC B/L #38516 REFUND - BUSINESS LICENSE OVERPAYMENT 49.00 Total : 49.00
167118 4/26/2022 106714 INTERSTATE BATTERIES OF, CALIFORNIA COAST, INC.130102743 GTRANS AUTO PARTS 547.53 1,603.45GTRANS AUTO PARTS130102934
442.03GTRANS AUTO PARTS130103109
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Voucher Date Vendor Invoice PO # Description/Account Amount 167118 4/26/2022 (Continued)106714 INTERSTATE BATTERIES OF, CALIFORNIA COAST, INC. 242.48GTRANS AUTO PARTS210027238
Total : 2,835.49
167119 4/26/2022 110733 J & S PROPERTY MANAGEMENT AND, MAINTENANCE, INC6318 LANDSCAPE MAINTENANCE SERVICES 1,295.00 Total : 1,295.00
167120 4/26/2022 108555 JALISCO TIRE & AUTO REPAIR 033122 FLATS REPAIR 10.00 Total : 10.00
167121 4/26/2022 105226 JEKAL FAMILY CHILD CARE MARCH 2022 CHILD CARE PROVIDER 8,939.00 Total : 8,939.00
167122 4/26/2022 112029 JERE COSTELLO REAL ESTATE B/L #20794 REFUND - BUSINESS LICENSE OVERPAYMENT 306.20 Total : 306.20
167123 4/26/2022 110356 JIMNI SYSTEMS, INC. B/L #39623 REFUND - BUSINESS LICENSE OVERPAYMENT 75.00 Total : 75.00
167124 4/26/2022 112034 KAREN STIFT RA-STIFT COVID-19 RENTAL ASSISTANCE PROGRAM ~ 2,250.00 Total : 2,250.00
167125 4/26/2022 110456 KHAIRZADA FAMILY CHILD CARE MARCH 2022 CHILD CARE PROVIDER 3,013.00 Total : 3,013.00
167126 4/26/2022 111045 KJ SERVICES 2398 020-00035 USED OIL PROGRAM EXPENSE - MARCH 2022 4,562.50 Total : 4,562.50
167127 4/26/2022 105900 KONECRANES, INC. 154610256 037-10032 PREVENTATIVE MAINT & INSPECTION OF CRANE 525.00 Total : 525.00
167128 4/26/2022 110562 KOYAMA, HOWARD B/L #34061 REFUND - BUSINESS LICENSE OVERPAYMENT 10.00 Total : 10.00
167129 4/26/2022 312240 L.A. COUNTY DEPARTMENT OF, PUBLIC WORKS22041105714 024-00769 INDUSTRIAL WASTE SERVICES 7,898.61 024-00769 1,742.80TRAFFIC SIGNAL MAINT-HIGHWAY SAFETY-MARC22041106029 Total : 9,641.41
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Voucher Date Vendor Invoice PO # Description/Account Amount 167130 4/26/2022 109939 LA UNIFORMS & TAILORING 11935 PD UNIFORM SUPPLIES 416.36
22.05PD UNIFORM SUPPLIES11997
101.32PD UNIFORM SUPPLIES12068
Total : 539.73
167131 4/26/2022 112015 LACERDA, DALVANICE MARCH 2022 CHILD CARE PROVIDER 11,512.00 Total : 11,512.00
167132 4/26/2022 105874 LAWSON PRODUCTS, INC. 9309424504 BUS SHOP SUPPLIES 614.54 321.93BUS SHOP SUPPLIES9309437866
Total : 936.47
167133 4/26/2022 110777 LEARN N PLAY FAMILY DAYCARE MARCH 2022 CHILD CARE PROVIDER 3,992.00 Total : 3,992.00
167134 4/26/2022 112036 LEETAL HARLEV RA-HAR-LEV COVID-19 RENTAL ASSISTANCE PROGRAM~ 4,713.75 Total : 4,713.75
167135 4/26/2022 108237 LEO WEB PROTECT 3384 035-01138 POLICE PRIVACY SERVICE SUBSCRIPTION - 12 4,949.34 Total : 4,949.34
167136 4/26/2022 102376 LEXISNEXIS RISK SOLUTIONS 1328345-20220331 MONTHLY SUBSCRIPTION FEE 1,957.20 Total : 1,957.20
167137 4/26/2022 110920 LIBERTY MANUFACTURING, INC 465 PD RANGER SERVICES 408.00 Total : 408.00
167138 4/26/2022 102233 LITTLE PEOPLE DAY CARE MARCH 2022 CHILD CARE PROVIDER 7,755.00 Total : 7,755.00
167139 4/26/2022 109563 LUCKY LADY CASINO 0850000164 ECONOMIC ASSISTANCE - MARCH 2022 50,613.87 Total : 50,613.87
167140 4/26/2022 112018 MARIN, EVERARDO M. B/L #24135 REFUND - BUSINESS LICENSE OVERPAYMENT 10.00 Total : 10.00
167141 4/26/2022 112009 MARIN, HUMBERTO, DBA DIEGO S METAL WELDINGB/L #38976 REFUND - BUSINESS LICENSE OVERPAYMENT 1,660.50 11Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,660.50 167141 4/26/2022 112009 112009 MARIN, HUMBERTO, DBA DIEGO S METAL WELDING 167142 4/26/2022 113003 MARTIN CHEVROLET 816444 PW AUTO PARTS 288.25 Total : 288.25
167143 4/26/2022 107644 MARTINEZ, CHERYL NAOMI MARCH 2022 CHILD CARE PROVIDER 11,404.00 Total : 11,404.00
167144 4/26/2022 104773 MARTINEZ, KAMBY MARCH 2022 CHILD CARE PROVIDER 10,361.00 Total : 10,361.00
167145 4/26/2022 111998 MAS-YA CORPORATION B/L #3177 REFUND - BUSINESS LICENSE OVERPAYMENT 100.00 Total : 100.00
167146 4/26/2022 113064 MCMASTER-CARR SUPPLY COMPANY 75310811 GTRANS SHOP SUPPLIES 421.46 148.53GTRANS SHOP SUPPLIES75554392
75.21GTRANS SHOP SUPPLIES75725201
322.44PW SHOP SUPPLIES75886440
263.27GTRANS SHOP SUPPLIES75961276
Total : 1,230.91
167147 4/26/2022 110784 MD AUTOBODY 1447 037-10112 GTRANS BUS REPAIRS 9,373.00 Total : 9,373.00
167148 4/26/2022 112044 MEA FORENSIC ENGINEERS &, SCIENTISTS, INC.S121336 PROFESSIONAL SERVICES 928.98 Total : 928.98
167149 4/26/2022 110659 MELIA HOMES 031422 DEPOSIT REFUND - DEVELOPMENT SERVICES 560.00 Total : 560.00
167150 4/26/2022 108699 MEZIERE ENTERPRISES INC. 85476 ELECTRIC WATER PUMP 635.96 Total : 635.96
167151 4/26/2022 111604 MICRO ELECTRONICS, INC 11850986 023-01338 COMPUTER REPLACEMENT PARTS 1,228.20 Total : 1,228.20
167152 4/26/2022 110945 MINAGAR & ASSOCIATES, INC 874 024-00817 POLICIES FOR STREET RED-CURB ZONES 4,767.63 12Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 4,767.63 167152 4/26/2022 110945 110945 MINAGAR & ASSOCIATES, INC 167153 4/26/2022 111997 MIYASHIRO ENTERPRISES INC. B/L #4130 REFUND - BUSINESS LICENSE OVERPAYMENT 79.00 Total : 79.00
167154 4/26/2022 112007 MURILLO, FIDEL & MARIA D., FM ENGINE REBUILDINGB/L #17881 REFUND - BUSINESS LICENSE OVERPAYMENT 49.50 Total : 49.50
167155 4/26/2022 111994 NOH FOODS OF HAWAII B/L #28489 REFUND - BUSINESS LICENSE OVERPAYMENT 270.00 Total : 270.00
167156 4/26/2022 110819 NORTHERN SAFETY CO., INC. 904755002 COVID-19 EMERGENCY SUPPLIES 1,288.82 Total : 1,288.82
167157 4/26/2022 110575 OCCUPATIONAL HEALTH CENTERS, OF CALIFORNIA74848427 EMPLOYMENT PHYSCIAL & RANDOM TEST 1,969.50 189.00PHYSICAL RECERTIFICATION74848830
933.50PHYSICAL RECERTIFICATION & RANDOM BAT74921839
206.00PHYSICAL RECERTIFICATION74923681
Total : 3,298.00
167158 4/26/2022 115168 OFFICE DEPOT 229369313 HR OFFICE SUPPLIES 48.48
6.89HR OFFICE SUPPLIES229378532
107.88REC OFFICE SUPPLIES231079305
59.96PD OFFICE SUPPLIES231154166
57.07PD OFFICE SUPPLIES232195078
104.68BUS OFFICE SUPPLIES232941721
30.86BUS OFFICE SUPPLIES232943721
27.33BUS OFFICE SUPPLIES232943731
53.92CM OFFICE SUPPLIES233543552
220.42BUS OFFICE SUPPLIES233653749
87.31PD OFFICE SUPPLIES233817246
77.16PD OFFICE SUPPLIES233818533
152.66PD OFFICE SUPPLIES233878523
31.96PD OFFICE SUPPLIES233881497
106.24PD OFFICE SUPPLIES234188838
10.72PD OFFICE SUPPLIES234188838001
259.08PD OFFICE SUPPLIES234193154
47.77CM OFFICE SUPPLIES234698732
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Voucher Date Vendor Invoice PO # Description/Account Amount 167158 4/26/2022 (Continued)115168 OFFICE DEPOT
30.44CM OFFICE SUPPLIES234818868
102.12BUS OFFICE SUPPLIES235986601
Total : 1,622.95
167159 4/26/2022 111972 OLSON LAND OPPORTUNITES III, LLA 031422 DEPOSIT REFUND - DEVELOPMENT SERVICES 420.00 Total : 420.00
167160 4/26/2022 111358 O'REILLY AUTO PARTS 215079 GTRANS AUTO PARTS 135.32 Total : 135.32
167161 4/26/2022 115810 ORKIN PEST CONTROL 225883785 PEST CONTROL - ACCT #27336703 211.00 261.00PEST CONTROL - ACCT #27336703226507718
Total : 472.00
167162 4/26/2022 112026 OROZCO, MACIAS SILVANO B/L #20906 REFUND - BUSINESS LICENSE OVERPAYMENT 45.00 Total : 45.00
167163 4/26/2022 109890 OWUSU FAMILY CHILD CARE MARCH 2022 CHILD CARE PROVIDER 11,945.00 Total : 11,945.00
167164 4/26/2022 112000 PAN PIZZA LLC, THE BL #39940 REFUND - BUSINESS LICENSE OVERPAYMENT 53.18 Total : 53.18
167165 4/26/2022 111999 PAN RESTAURANT, LLC, THE BL #30560 REFUND - BUSINESS LICENSE OVERPAYMENT 720.19 Total : 720.19
167166 4/26/2022 112031 PARADISE TINTING 041122 WINDOW TINT - HR MANAGER OFFICE 350.00 Total : 350.00
167167 4/26/2022 110403 PENN RECORDS MANAGEMENT 0129161 OFF-SITE STORAGE SERVICES - MARCH 58.00 Total : 58.00
167168 4/26/2022 116140 PETE'S ROAD SERVICE, INC. 573315 SERVICE LABOR - SOLID/POLYFILL TIRE 172.00 1,953.93TIRES - 1G6114 12580-18 GALAXY BEFFY573494
Total : 2,125.93
167169 4/26/2022 112002 POOL, AGUSTIN B/L #27609 REFUND - BUSINESS LICENSE OVERPAYMENT 61.50 14Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 61.50 167169 4/26/2022 112002 112002 POOL, AGUSTIN 167170 4/26/2022 106092 PRUDENTIAL OVERALL SUPPLY 42703831 UNIFORM & SUPPLY RENTAL 50.10
13.65UNIFORM & SUPPLY RENTAL42703832
19.00UNIFORM & SUPPLY RENTAL42703833
11.60UNIFORM & SUPPLY RENTAL42703835
034-00508 1,569.96CUSTODIAL SUPPLIES42713833
149.89UNIFORM & SUPPLY RENTAL42715832
48.41UNIFORM & SUPPLY RENTAL42715833
13.65UNIFORM & SUPPLY RENTAL42715835
19.00UNIFORM & SUPPLY RENTAL42715836
91.60UNIFORM & SUPPLY RENTAL42715837
11.60UNIFORM & SUPPLY RENTAL42715838
149.89UNIFORM & SUPPLY RENTAL42717764
51.00UNIFORM & SUPPLY RENTAL42717765
50.10UNIFORM & SUPPLY RENTAL42717766
1,434.35UNIFORM & SUPPLY RENTAL42718337
1,507.99CUSTODIAL SUPPLIES42720047
149.89UNIFORM & SUPPLY RENTAL42720048
50.23SUPPLY RENTAL - MATS - CH42720049
50.10SUPPLY RENTAL - MATS - GTRANS42720050
13.65SUPPLY RENTAL - MATS - NCC42720051
19.00SUPPLY RENTAL - MATS - GTRANS42720052
91.60SUPPLY RENTAL - MATS - PD42720053
11.60SUPPLY RENTAL - MATS - HS42720054
Total : 5,577.86
167171 4/26/2022 109242 QUACH, KHOI FO2DA9FEDAC4 PURCHASE REIMBURSEMENT 284.85 Total : 284.85
167172 4/26/2022 117603 QUALITY MEDICAL SERVICE 23760 037-10033 BUS FIRST AID SUPPLIES 580.97 Total : 580.97
167173 4/26/2022 102283 QUICK COLOR PRINTING 15747 BANNERS - 72 X 24 WALKING CLUB BANNER 297.68 Total : 297.68
167174 4/26/2022 103072 REACH 0422868 EAP SERVICES/REACHLINE NEWSLETTER 902.00 15Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 902.00 167174 4/26/2022 103072 103072 REACH 167175 4/26/2022 100836 RESOURCE BUILDING MATERIALS 3333214 STREET MAINT SUPPLIES 162.63 Total : 162.63
167176 4/26/2022 118476 RICOH USA, INC. 5064331725 RICOH MPC3300SPF COPIER USAGE CHARGES - 918.19 920.20RICOH MPC3300SPF USAGE CHARGES - GTRANS5064331786 209.22RICOH MPC3503 COPIER LEASE - FCC~902786759
2,561.87RICOH COPIER LEASE & USAGE CHARGES - VAR9029786206 380.97RICOH PRO8100SE COPIER LEASE - PRINT9029786401
556.24RICOH DD6650P COPIER LEASE - PRINT SHOP9029786403 1,480.46RICOH MPC3503 COPIER LEASE - GTRANS 2ND9029786758 Total : 7,027.15
167177 4/26/2022 109323 RIVERAS LAWNMOWER SHOP, INC. 1428 PARK MAINT SUPPLIES 1,999.26 Total : 1,999.26
167178 4/26/2022 111867 RJM DESIGN GROUP 34940 024-00795 DESIGN & ENGINEERING SERVICES - AQUATIC 55,409.40 Total : 55,409.40
167179 4/26/2022 112004 S & H THREAD ROLL DIE CO. INC. B/L #5263 REFUND - BUSINESS LICENSE OVERPAYMENT 154.00 Total : 154.00
167180 4/26/2022 119126 S.B.R.P.C.A. 04101 PD AUTO PARTS 1,026.84 1,056.05PD AUTO PARTS04102
1,221.43PD AUTO PARTS04103
1,433.99PD AUTO PARTS04104
035-01142 3,417.75PD AUTO PARTS04107
Total : 8,156.06
167181 4/26/2022 119022 SAFE MART OF SOUTHERN, CALIFORNIA, INC.93248 PARK MAINT SUPPLIES 4.37
5.87GTRANS MAINT SUPPLIES93264
Total : 10.24
167182 4/26/2022 119016 SAM'S CLUB 6314 02/06/22 CITY CLERK PROGRAM SUPPLIES 115.32 Total : 115.32
167183 4/26/2022 112006 SAN, NIKKAN B/L #31077 REFUND - BUSINESS LICENSE OVERPAYMENT 49.00 16Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 49.00 167183 4/26/2022 112006 112006 SAN, NIKKAN 167184 4/26/2022 108654 SECTRAN SECURITY INC. 22032181 ARMORED TRANSPORTATION SERVICES - GTRANS 2,499.68 812.18ARMORED TRANSPORTATION SERVICES - GTRANS22040745
220.50ARMORED TRANSPORATION SERVICES - APRIL 222040746
Total : 3,532.36
167185 4/26/2022 110731 SHAW HR CONSULTING, INC 003233 PROFESSIONAL SERVICES - PERSONNEL 615.00 720.00PROFESSIONAL SERVICES - PERSONNEL003378
1,170.00PROFESSIONAL SERVICES - PERSONNEL003418
Total : 2,505.00
167186 4/26/2022 106050 SHEHATA, AMY MARCH 2022 CHILD CARE PROVIDER 8,707.00 Total : 8,707.00
167187 4/26/2022 119233 SHERWIN-WILLIAMS CO. 5523-5 STREET MAINT SUPPLILES 846.65 Total : 846.65
167188 4/26/2022 109918 SHIGE'S FOREIGN CAR SERVICE, INC. 8090881 035-01134 2018 FORD INTRCPTR #1554895 SERVICE & RE 221.89 035-01134 774.562018 FORD INTRCPTR #1554678 SERVICE & RE8090972 Total : 996.45
167189 4/26/2022 111996 SHIGETA AMERICA INC. B/L #31734 REFUND - BUSINESS LICENSE OVERPAYMENT 54.00 Total : 54.00
167190 4/26/2022 101649 SILVIA ESPINOZA FAMILY CHILD, CARE MARCH 2022 CHILD CARE PROVIDER 6,406.00 Total : 6,406.00
167191 4/26/2022 119378 SMARDAN SUPPLY CO. S3763854 BUS FACILITY MAINT SUPPLIES 377.33 122.05BUS FACILITY MAINT SUPPLIESS3794980
114.50BLDG MAINT SUPPLIESS3800766
Total : 613.88
167192 4/26/2022 119361 SMART & FINAL IRIS CO. 14402 REC PROGRAM SUPPLIES 48.37 257.78SR BUREAU PROGRAM SUPPLIES3101
11.96SR. BUREAU PROGRAM SUPPLIES36801
Total : 318.11
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Voucher Date Vendor Invoice PO # Description/Account Amount 167193 4/26/2022 109531 SMILLIN, MAGE MARCH 2022 CHILD CARE PROVIDER 10,827.00 Total : 10,827.00
167194 4/26/2022 119447 SOUTH BAY FORD 508774 2015 FORD EXPLR #1462840 SERVICE & 1,071.54 Total : 1,071.54
167195 4/26/2022 619003 SOUTHERN CALIFORNIA EDISON 041422 LIGHT & POWER 4,673.04 Total : 4,673.04
167196 4/26/2022 104126 SPECTRUM SOLUTIONS 0027122041122 CABLE & BACKUP INTERNET SERVICES - CITYW 4,086.58 Total : 4,086.58
167197 4/26/2022 907243 STEFAN MARLI PLASTERING CO. B/L #19613 REFUND - BUSINESS LICENSE OVERPAYMENT 113.30 Total : 113.30
167198 4/26/2022 112027 SUN SMOG CORPORATION B/L #27011 REFUND - BUSINESS LICENSE OVERPAYMENT 34.50 Total : 34.50
167199 4/26/2022 106736 SUPERIOR PLASTIC FABRICATION, INC. B/L #20232 2022 REFUND - BUSINESS LICENSE OVERPAYMENT 931.65 Total : 931.65
167200 4/26/2022 119550 SWRCB SW-0236589 ANNUAL PERMIT FEE 1,738.00 Total : 1,738.00
167201 4/26/2022 110877 TAYLORING MINDS FAMILY CHILD, CARE MARCH 2022 CHILD CARE PROVIDER 3,652.00 Total : 3,652.00
167202 4/26/2022 111864 TCS RISK MANAGEMENT SERVICES 11973 023-01382 WORKERS COMP PROGRAM ASSESSMENT 3,875.00 Total : 3,875.00
167203 4/26/2022 111978 THE SOHAGI LAW GROUP 17115 LEGAL SERVICES 4,357.50 Total : 4,357.50
167204 4/26/2022 110238 TIREHUB, LLC 19601652 TIRES - GY WRL FORTITUDE HT BW 121R E 322.50 871.62TIRES- GY EAGLE ENFORCER AW 108V ~23164406
Total : 1,194.12
167205 4/26/2022 109775 TOMS TRUCK CENTER NORTH COUNTY 1262165 037-10052 GTRANS AUTO PARTS 142.40 18Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount 167205 4/26/2022 (Continued)109775 TOMS TRUCK CENTER NORTH COUNTY 037-10052 530.79GTRANS AUTO PARTS1263289
Total : 673.19
167206 4/26/2022 104226 TORRANCE BAKERY B/L #24689 REFUND - BUSINESS LICENSE OVERPAYMENT 1,119.00 Total : 1,119.00
167207 4/26/2022 104806 TOYOTA LIFT OF L.A. PSI-0291244 SERVICE CALL - TOYOTA #8FGCU25 - OIL & 207.70 Total : 207.70
167208 4/26/2022 111481 TRIO COMMUNITY MEALS, LLC INV2230008418 034-00480 SENIOR FEEDING PROGRAM 10,599.44 034-00480 10,537.99SENIOR FEEDING PROGRAMINV2230008964 034-00480 10,507.26SENIOR FEEDING PROGRAMINV2230009490 Total : 31,644.69
167209 4/26/2022 109900 U.S. BANK CORPORATE PAYMENT, SYSTEMSFINANCE 03/22/22 023-01381 CAL CARD STATEMENT 02/23-03/22/22 11,327.89 1,109.99CAL CARD STATEMENT 02/23-03/22/22GOLDMAN 03/22/22 170.04CAL CARD STATEMENT 02/23-03/22/22MACIEL 03/22/22
3,243.89CAL CARD STATEMENT 01/25-02/22/22PD TRAINING 02/22/22 1,915.22CAL CARD STATEMENT 01/25-02/22/22PD TRAINING2 2/22/22 918.15CAL CARD STATEMENT 01/25-02/22/22PD TRAINING3 2/22/22 1,385.45CAL CARD STATEMENT 01/25-02/22/22PD TRAINING4 2/22/22
79.91CAL CARD STATEMENT 02/23-03/22/22SANTOS 03/22/22
2,667.36CAL CARD STATEMENT 02/23-03/22/22TSUJIUCHI 03/22/22 275.89CAL CARD STATEMENT 02/23-03/22/22V.OSORIO 03/22/22 Total : 23,093.79
167210 4/26/2022 104692 ULINE 144367569 BUS SHOP SUPPLIES 216.08 685.09BUS SHOP SUPPLIES147058150
Total : 901.17
167211 4/26/2022 121275 UNDERGROUND SERVICE ALERT, OF SC 320220280 NEW TICKETS 201.40 Total : 201.40
167212 4/26/2022 121407 UPS 649922152 04/19/22 SHIPPING SERVICE CHARGES 153.09 Total : 153.09
167213 4/26/2022 105549 VALDEZ, MATILDE MARCH 2022 CHILD CARE PROVIDER 13,961.00 19Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 13,961.00 167213 4/26/2022 105549 105549 VALDEZ, MATILDE 167214 4/26/2022 122050 VERIZON WIRELESS 9902105783 BUS CELL PHONE SERVICE~ 120.86 924.28PW CELL PHONE SERVICE~9903850517
Total : 1,045.14
167215 4/26/2022 111992 VISTA DEL PACIFICO PROPERTIES,, LLC B/L #19292 REFUND - BUSINESS LICENSE OVERPAYMENT 60.00 Total : 60.00
167216 4/26/2022 108353 WALTERS WHOLESALE ELECTRIC CO 8120234501 BLDG MAINT SUPPLIES 209.49
21.05GTRANS MAINT SUPPLIES93264
-1,378.14SIGNS/SIGNALS SUPPLIESS118385165.007
128.93GTRANS MAINT SUPPLIESS119769104.005
202.32GTRANS MAINT SUPPLIESS119769104.007
410.59BLDG MAINT SUPPLIESS119788482
562.29SIGNS/ SIGNALS MAINT SUPPLIESS120328667
Total : 156.53
167217 4/26/2022 101195 WASTE RESOURCES GARDENA 042022 WASTE COLLECTION 258,392.62 Total : 258,392.62
167218 4/26/2022 104107 WAXIE SANITARY SUPPLY 80790544 BUS WASH SUPPLIES 175.96 Total : 175.96
167219 4/26/2022 110370 WESTERN COLLISION CENTER, INC 1069 035-01136 2018 FORD EXPLR #1554895 BODY REPAIRS 3,064.41 035-01136 342.742017 FORD EXPLORER #1368929 BODY REPAIRS1070 035-01136 530.632018 NISSN FRONTIER #1529606 BODY REPAIR1072 035-01136 6,024.712018 FORD EXPLORER #1554895 BODY REPAIRS1074 035-01136 1,606.752016 FORD EXPLR #1488057 BODY REPAIRS1075 035-01136 2,245.032018 FORD EXPLR #1554674 BODY REPAIRS1077 Total : 13,814.27
167220 4/26/2022 119387 WEX BANK 80098274 FUEL PURCHASES 31.55 Total : 31.55
167221 4/26/2022 125001 YAMADA COMPANY, INC. 81806 TREE TRIMMING MAINT SUPPLIES 79.34 Total : 79.34
20Page:
04/21/2022
Voucher List
CITY OF GARDENA
21 2:27:36PM
Page:vchlist
Bank code : usb
Voucher Date Vendor Invoice PO # Description/Account Amount 167222 4/26/2022 107051 ZAVALETA, MARITZA MARCH 2022 CHILD CARE PROVIDER 5,312.00 Total : 5,312.00
Bank total : 2,757,705.49 198 Vouchers for bank code : usb 2,757,705.49Total vouchers :Vouchers in this report 198 21Page:
04/21/2022
Voucher List
CITY OF GARDENA
22 2:27:36PM
Page:vchlist
Bank code : usb
Voucher Date Vendor Invoice PO # Description/Account Amount
CLAIMS VOUCHER APPROVAL
I hereby certify that the demands or claims covered by the checks listed on pages _____ to _____ inclusive of the check register are accurate and funds are available for payment thereof.
By: __________________________________________
Director of
Administrative Services
This is to certify that the claims or demands covered by checks listed on pages _____ to _____ inclusive of the check register have been audited by the City Council of the City of Gardena and that all of the said checks are approved for payment except check numbers:
______________________________________________________
_________________________ __________
Mayor Date
_________________________ __________
Councilmember Date
_________________________ __________
Councilmember Date
Acknowledged:
_________________________ __________
Councilmember Date
_________________________ __________
Councilmember Date
22Page:
1 21
1 21
04/26/2022
Report No. P-2022-8
1 TO: THE HONORABLE MAYOR AND CITY COUNCIL
SUBJECT: PERSONNEL REPORT
1. Report the count of confirmed COVID-19 employee cases.
Total Count: One-Hundred Sixty-One (161)
a. Administrative Services Department: Five (5)
b. City Clerk’s Office: Three (3)
c. Elected & City Manager’s Offices: One (1)
d. Community Development Department: Four (4)
e. Transportation Department: Fifty-Two (52)
f. Police Department: Forty-Six (46)
g. Public Works Department: Twenty-Five (25)
h. Recreation & Human Services Department: Twenty-Five (25)
2. Report the Appointment of JACKIE CHOI, to the position of Economic Development Manager, Schedule 126 ($8,113 - $10,355/month) with the Community Development Department effective April 11, 2022.
3. Report the Promotion of MARY SIMONELL, to the position of Administrative Services Manager, Schedule 126 ($8,113 - $10,355/month) with the Administrative Services Department effective September 1, 2021.
4. Report the following individuals were placed on Paid Administrative Leave:
a. KITU HUMPHREY, Bus Operator with the Transportation Department, effective February 4, 2022.
b. LUIS CASTILLO, Police Officer with the Police Department, effective April 11, 2022. c. ROBBI CHAVEZ, Bus Operator with the Transportation Department, effective April 13, 2022.
5. Report the recruitment for the Open/Competitive position of Human Resources Analyst (Administrative Services Department). This recruitment is open until filled.
6. Report the Recruitment for the Open/Competitive position of Risk Management Analyst (Administrative Services Department). This recruitment is open until filled.
7. Report the Recruitment for the Open/Competitive position of Transit Equipment Mechanic, (GTrans Department). This recruitment is open until filled. 1 RESOLUTION NO. 6573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA,
MAKING THE LEGALLY REQUIRED FINDINGS TO RE-AUTHORIZE THE USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR
MEETINGS OF THE GARDENA CITY COUNCIL AND OTHER COMMISSIONS,
COMMITTEES AND BOARDS SUBJECT TO STATE OPEN MEETING LAWS
THE CITY COUNCIL OF THE CITY OF GARDENA DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS -CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California, Gavin Newsom declared a State of Emergency in California to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continue spread and the effects of COVID-19; and WHEREAS, on March 16, 2020, the City Manager, as the City’s Director of Emergency Services, did proclaim the existence of a local emergency as authorized by Government Code section 8630 and Gardena Municipal Code Chapter 2.56.060; and WHEREAS, the Governor’s March 4, 2021, declaration of a state of emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the City Manager, as the City’s Director of Emergency Services on March 16, 2020, has been ratified by the City Council via Resolution 6441 on March 19, 2020 and reaffirmed by Resolution No. 6454 on May 12, 2020, Resolution No 6469 on July 14, 2020, Resolution No. 6478 on September 8, 2020, Resolution No. 6483 on October 27, 2020, Resolution RESOLUTION NO. 6573
2 No. 6489 on December 15, 2020, Resolution No. 6495 on February 9, 2021, Resolution No. 6503 on March 23, 2021, Resolution No. 6512 on May 11, 2021, Resolution No. 6521 on June 22, 2021, Resolution No. 6526 on August 10, 2021 , Resolution No. 6533 on October 26, 2021, Resolution No. 6538 on December 14, 2021, Resolution No. 6559 on February 8, 2022 and Resolution No. 6567 on March 22, 2022, with the result that the proclamation of a local emergency based on the COVID -19 pandemic remains in place; and
WHEREAS, Paragraph 3 of Executive Order N-29-20, issued by the Governor on March 17, 2020, among other things, suspended the Brown Act requirements for teleconferencing, provided that notice and accessibility requirements were met, the public was allowed to observe and address the legislative body at the meeting, and the legislative body had a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, specifying that this suspension would remain in place during the period in which state or local public heal th officials have imposed or recommended social distancing measures; and WHEREAS, paragraph 42 of Executive Order N-08-21, issued by the Governor on June 11, 2021, withdrew, and replaced paragraph 3 of Executive Order N -29-20’s suspension of the Brown Act requirements for teleconferencing with a similar suspension of those requirements that it specified would remain in place only through September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency , as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address RESOLUTION NO. 6573
3 the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under AB 361’s abbreviated teleconferencing procedures; and
WHEREAS, this body previously adopted a Resoluti on, which made the findings required by AB 361 to allow the City Council and all City Commissions, Committees and Boards to continue to meet under AB 361’s abbreviated teleconferencing procedures, and authorized the City Council and all City Commissions, Committees and Boards to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government C ode Section 54953(e)(2); and
RESOLUTION NO. 6573
4 WHEREAS, in light of the continuing State and local declarations of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials of measures to promote social distancing, and the imminent risks to the health of safety of attendees at meetings conducted in person, the City Council desires to again make the findings required by AB 361 to allow the City Council and all City Commissions, Committees and Boards to continue to meet under AB 361’s abbreviated teleconferencing procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE, AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. The City Council finds that the State and local declarations of emergency resulting from the COVID-19 pandemic remain in place, and that the state of emergency continues to directly impact the ability to meet safely in person.
SECTION 3. The C ity Council finds that local officials, namely, the Los Angeles County Department of Public Health, has continued to recommend measures to promote social distancing.
SECTION 4. A
s a result of the findings in Sections 1 through 3 above, the City Council and all City Commissions, Committees and Boards are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2).
SECTION 5. I f any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be inv alid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.
RESOLUTION NO. 6573
5 BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.
Passed, approved, and adopted this 26th day of April 2022.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.F
Section: CONSENT CALENDAR
Meeting Date: April 26, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve Amendment 02 to Local Agreement CCTR-1084 with the California Department of Social Services for additional funding of the Gardena Family Child Care Program
CONTACT: RECREATION & HUMAN SERVICES
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
Staff respectfully recommends that Council approve Amendment 02 to Local Agreement CCTR-1084 with the California Department of Social Services which provides additional funding for the Gardena Family Child Care Program for Fiscal Year 2021-22. This additional funding will primarily cover increased provider rates but can also be used for staff increases and serving additional children.
The Gardena Family Child Care Program (GFCC) provides quality, educational, subsidized child care in licensed family child care homes in Gardena and bordering cities. Services are provided to low-income families whose parents are employed, in school/training, seeking employment, or are incapacitated and require assistance. GFCC staff also offers technical assistance to family child care providers in the GFCC network in areas such as curriculum, the child care environment, and developmental and age appropriate practices.
Beginning July 1, 2021 administration of the program at the State level transferred from the California Department of Education (CDE) to the California Department of Social Services (CDSS). All program requirements remain the same for the foreseeable future.
For Fiscal Year 2021-2022 additional revenue and expenditures encumbered in the amount of $329,063 to the City from the California Department of Social Services for the Gardena.
FINANCIAL IMPACT/COST:
Family Child Care Program. This Amendment increases the total contract to $3,285,659.
No financial impact to the General Fund.
ATTACHMENTS:
CCTR-1084-02.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME:
DATE:
CONTRACT NUMBER:
PROGRAM TYPE:
PROJECT NUMBER:
CITY OF GARDENA
CCTR-1084
19-2180-00-1
STATE OF CALIFORNIA
F.Y.
July 01, 2021
GENERAL CHILD CARE &
DEV PROGRAMS
21 - 22
This agreement with the State of California dated July 01, 2021 designated as number CCTR-1084 and Amendment #01 (Budget Act Amendment/COLA/Family Fee Credit) shall be amended in the following particulars but no others:
The Maximum Reimbursable Amount (MRA) payable pursuant to the provisions of this agreement shall be amended by deleting reference to $2,956,596.00 and inserting $3,285,659.00 in place thereof.
The Maximum Rate per child day of enrollment payable pursuant to the provisions of the agreement shall be amended by deleting reference to $51.55 and inserting $62.66 in place thereof.
SERVICE REQUIREMENTS
The minimum Child Days of Enrollment (CDE) Requirement shall be amended by deleting reference to 57,358.0 and inserting 52,436.0 in place thereof.
Minimum Days of Operation (MDO) Requirement shall be 254. (No Change) EXCEPT AS AMENDED HEREIN all terms and conditions of the original agreement shall remain unchanged and in full force and effect.
Amendment 02
3266 FY 21/22 Rate Reform and MRA Increase
STATE AGENCY: CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
ALLOCATION LETTER
$
$
AMOUNT ENCUMBERED BY THIS
DOCUMENT
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
TOTAL AMOUNT ENCUMBERED TO
DATE
STATUTE FISCAL YEARCHAPTER
OBJECT OF EXPENDITURE (CODE AND TITLE)
ITEM
(OPTIONAL USE)
FUND TITLEPROGRAM/CATEGORY (CODE AND TITLE)
706
See Attached
329,063 Child Development Programs
3,285,659
See Attached
$
2,956,596
IMPORTANT: Signature is not required.
CONTRACTOR'S NAME:
CONTRACT NUMBER:
CITY OF GARDENA
CCTR-1084 Amendment 02
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 0
528,832
Federal
0656 FC# 93.596 PC# 000321
13609-2180
30.10.020.001
5180-101-0890 B/A 2021 2021-2022
706 SACS: Res-5025 Rev-8290
528,832
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 0
243,100
Federal
0656 FC# 93.575 PC# 000324
15136-2180
30.10.020.001
5180-101-0890 B/A 2021 2021-2022
706 SACS: Res-5025 Rev-8290
243,100
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 0
2,131,520
General
0656
23254-2180
30.10.020.001
5180-101-0001 B/A 2021 2021-2022
706 SACS: Res-6105 Rev-8590
2,131,520
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 329,063
329,063
Federal
0656 FC# 93.575 PC# 000000
14551-2180
30.10.020.
5180-101-0890 B/A 2021 2021-2022
706 SACS: Res-5162 Rev-8290
0 AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 0
53,144
Federal
0156 FC# 93.575 PC# 000000
15557-2180
30.10.020
5180-101-0890 B/A 2021 2021-2022
706 SACS: Res-5161 Rev-8290
53,144
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 12.A
Section: DEPARTMENTAL
ITEMS - COMMUNITY
DEVELOPMENT
Meeting Date: April 26, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
PUBLIC HEARING
:
ORDINANCE NO. 1840
: Adopting Chapter 18.74 to Title
18, Zoning, of the Gardena Municipal Code Relating to Reasonable Accommodations Policy and Procedures and Directing Staff to File a Notice of Exemption from California Environmental Quality Act Pursuant to the Common Sense Exemption.
COUNCIL ACTION REQUIRED:
Staff Recommendation: Conduct a Public Hearing; Please allow three (3) minutes for each speaker; and Introduce Ordinance No. 1840
RECOMMENDATION AND STAFF SUMMARY:
Federal Law and State Law require that persons with disabilities be provided a reasonable accommodation from a land use regulation, policy, or practice that would prevent such a person from having an equal opportunity for housing. Additionally, the recently adopted 2021- 2029 6th Cycle Housing Element included a commitment to adopt a reasonable accommodation ordinance.
Ordinance No.1840 provides a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted based upon sufficient evidence, from the various City laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations.
On February 15, 2022, the Planning Commission voted 5-0-0, recommending that the City Council adopt Ordinance No. 1840. The Planning Commission's staff report and resolution of approval, are attached hereto to provide further detail of the project.
FINANCIAL IMPACT/COST:
None.
ATTACHMENTS:
Planning Commission Packet, Dated February 15, 2022.pdf Ordinance No. 1840
APPROVED:
___________________________________
Clint Osorio, City Manager
CITY OF GARDENA
PLANNING AND ENVIRONMENTAL QUALITY COMMISSION
STAFF REPORT
RESOLUTION NO. PC 5-22
AGENDA ITEM # 5.B
DATE: February 15, 2022
TO: Chair Langley and Members of the Planning and Environmental Quality Commission
FROM: Greg Tsujiuchi, Community Development Director
APPLICANT: City of Gardena
LOCATION: Citywide
REQUEST: Adoption of Resolution No. 5 -22 recommending that the City Council adopt Ordinance No. 1840 adding Chapter 18.74 to the Gardena Municipal Code relating to reasonable accommodations Background
Federal law (the Fair Housing Act, Americans with Disabilities Act, and the Rehabilitation Act of 1973) and State Law (California Fair and Equal Housing Act) require that persons with disabilities be provided a reasonable accommodation from a land use regulation, policy, or practice that would prevent such person from having an equal opportunity for housing. While the City has made it a policy for years to provide reasonable accommodations if requested, the recently adopted 2021- 2029 6 th Cycle Housing
Element included a commitment to adopt a reasonable accommodation ordinance which sets for the process for requesting a reasonable accommodation.
The proposed ordinance is modeled on the City of Oakland’s ordinance whose draft was revised in response to concerns raised by Disability Rights California, an advocacy agency for people with disabilities.
Ordinance Summary
Ordinance No. 1840 adds a new Chapter 18.74 to the City’s zoning provisions. The stated purpose of the Chapter is to establish a procedure for people with disabilities to make requests for a reasonable accommodation in the application of the City’s zoning and building laws, rules, policies and practices so that a disabled person may use and enjoy a dwelling.
Requests for a reasonable accommodation may be made by the person with a disability, a representative of that person, or a developer of housing for disabled persons.
RESO NO. PC 5-22
February 15, 2022
A request for a reasonable accommodation must be in writing and include specified information, including the reason for the request. If the request is made in conjunction with a request for a discretionary approval, then to the extent feasible, the request should be filed with the related application. However, all requests are to remain confidential to respect the individual’s ri ght of privacy and the determination will be made by the Director of Community Development.
The required findings to grant an accommodation request are as follows:
1. That the housing, which is the subject of the request for reasonable accommodation, will be used by people with disabilities protected under fair housing laws.
2. That the accommodation is necessary to afford people with disabilities an equal opportunity to use and enjoy the dwelling;
3. That the requested accommodation will not require a fundamental alteration to zoning laws, rules, policies, practices and procedures; and
4. That the requested accommodation will not impose an undue financial or administrative burden on the City.
Appeals of the Director’s decision may be made to the City Manager.
Analysis
Gardena Municipal Code section 18.52.010 specifies that the zoning code may be amended whenever the public necessity, convenience, general welfare, or good land use and zoning practices so require. Additionally, the ordinance must be consistent with the General Plan.
Ordinance No. 18.40 is required to be adopted by federal and State law in order to provide housing opportunities to disabled individuals. The Ordinance therefore promotes the public necessity, convenience, and general welfare. As discussed above, the Ordinance is also consistent with the City’s General Plan as it implements one of the obligations of the City under the newly adopted Housing Element.
CEQA
This Ordinance is categorically exempt from CEQA pursuant to the common se nse exemption set forth in Guidelines section 15061(b)(3) that CEQA only applies to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity will have a significant effect, the activity is not subject to CEQA. This Ordinance enacts a procedure as required by federal and state law and does not change the density, intensity, or allowed uses or would have other effects on the environment. For t hese same reasons, the Ordinance RESO NO. PC 5-22
February 15, 2022
also qualifies for an exemption under CEQA Guidelines section 15305 (Class 5) for minor alterations in land use limitations in areas with an average slope of less than 20%. No part of Gardena has a slope in excess of 20%. The changes are not for any specific project and therefore will not impact any environmental resource of hazardous or critical concern, will not create cumulative impacts, or impacts to scenic highways, hazardous waste sites, or historical resources. Bec ause this is an ordinance pertaining to citywide development standards there will not be any significant effects on the environment due to unusual circumstances. As such, staff is directed to file a Notice of Exemption pursuant to CEQA Guidelines sections 15061(b)(3) and 15305.
Recommendation
It is recommended that the Planning Commission approve the attached resolution recommending that the City Council approve the attached ordinance to provide reasonable accommodations to persons with disabilities in order to increase housing opportunities in the City and comply with State and federal law.
RESOLUTION NO. PC 5-22
A RESOLUTION OF THE PLANNING AND ENVIRONMENTAL QUALITY
COMMISSION OF THE CITY OF GARDENA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1840 ADDING CHAPTER 18.74 TO TITLE 18, ZONING, OF THE GARDENA MUNICIPAL CODE RELATING TO
REASONABLE ACCOMMODATIONS POLICY AND PROCEDURES AND DIRECTING
STAFF TO FILE A NOTICE OF EXEMPTION
THE PLANNING COMMISSION OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
A. The federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when necessary;
B. Fair Hou sing Laws include “Fair Housing Amendments Act of 1988” (42 U.S.C. § 3601 et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time; C. The State Housing and Community Development Department (HCD) encourages cities to adopt written procedures for reasonable accommodation requests with respect to zoning regulations, permit processing, and building codes in light of the aforementioned laws and a city’s affirmative duty to comply with fair housing laws; D. One of HCD’s comments on the City’s 6
th Cycle Housing Element related to
the City’s procedures and findings regarding reasonable accommodations; E. The City shall provide a process for individual s with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted based upon sufficient evidence, from the various City laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations;
F. It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing;
G. On February 15, 2022, the Planning and Environmental Quality Commission held a public hearing at which time it considered all material and evidence, whether written or oral; and
RESO NO. PC 5-22
February 15, 2022
NOW, THEREFORE, THE PLANNING AND ENVIRONMENTAL QUALITY
COMMISSION OF THE CITY OF GARDENA DOES HEREBY RESOLVE AS FOLLOWS:
The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1840, attached hereto as Exhibit A , adding chapter 18.74 to Title 18, Zoning, of the Gardena Municipal code relating to reasonable accommodations policy and procedures , and recommends the City Council directs staff to file a notice of exemption.
PASSED, APPROVED, AND ADOPTED this 15th day of February 2022.
LANGLEY STEPHEN, CHAIR
PLANNING AND ENVIRONMENTAL
QUALITY COMMISSION
ATTEST:
_________________________________
GREG TSUJIUCHI, SECRETARY
PLANNING AND ENVIRONMENTAL QUALITY COMMISSION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF GARDENA
I, Greg Tsujiuchi, Planning and Environmental Quality Commission Secretary of the City of Gardena, do hereby certify that the foregoing Resolution was duly adopted by the Planning and Environmental Quality Commission of the City of Gardena at a regular meeting thereof, held the 15th day of February 2022, by the following vote of the Planning and Environmental Quality Commission:
AYES: n, Sherman, Pierce, Jackson, Pierce
NOES:
ABSENT:
Attachments:
• Exhibit A: Draft Ordinance No. 1840
Langley, Kanhan, Sherman, Henderson, Eaton
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 14.A
Section: DEPARTMENTAL
ITEMS - POLICE
Meeting Date: April 26, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
PUBLIC HEARING
:
ORDINANCE NO. 1841
, Adopting a Military Equipment
Use Policy of the City of Gardena, California Governing the Use of Military Equipment pursuant to Assembly Bill 481
COUNCIL ACTION REQUIRED:
Staff Recommendation:
Conduct a Public Hearing, please allow three (3) minutes for each speaker, and
introduce Ordinance No. 1841.
RECOMMENDATION AND STAFF SUMMARY:
BACKGROUND
On September 30, 2021, Governor Newsom signed into law Assembly Bill 481 (AB 481 or the Bill), codified at Government Code sections 7070 through 7075 (Attachment 1), which requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy (the Policy) by ordinance (the Ordinance), prior to the law enforcement agency funding, acquiring, or using equipment deemed military equipment as defined in Assembly Bill 481.
Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance public and officer safety.
None of the equipment in Gardena Police Department’s inventory has been obtained from the military, nor is it solely designated for military use. Loss of these items would jeopardize the welfare of citizens and peace officers within the Gardena Police Department.
The term “military equipment,” as used in AB 481, in fact, does not necessarily indicate the equipment that has been used by or acquired through the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and diversionary devices.
The Gardena Police Department (GPD) is committed to using the most up-to-date tools and equipment to safeguard the citizens of Gardena. Many of the items deemed to be “military equipment” by AB 481 are in fact employed by GPD, and law enforcement agencies across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide GPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.
DISCUSSION
There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below is vital to GPD’s mission and will continue to be strictly regulated through internal processes and oversight.
The proposed Ordinance (Attachment 2) is in compliance with AB 481 and is necessary to adopt in order to approve GPD’s Policy 706, which constitutes GPD’s Military Equipment Use Policy (Exhibit A to Attachment 2). As required by AB 481, the draft Policy was posted on the Police Department’s website on March 23, 2022, 30 days prior to the introduction of the Ordinance. Policy 706 outlines each item identified in Government Code section 7070, that is currently owned and utilized by the police department. The Policy also includes the current use and cost of each item. These particular items, and their stated uses, have been in place prior to the implementation of AB 481. Therefore, future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and City Council approval.
The proposed Policy 706 safeguards the public’s welfare, safety, civil rights, and civil liberties.
Policy 706 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, Policy 706 requires that GPD conduct an annual audit of military equipment, and present a military equipment report at a yearly community meeting. Members of the public are provided direction per the Policy on how to register complaints with the police department related to its use of military equipment. All items which result in a use of force will be investigated, as is already required by existing GPD policy.
There are no reasonable alternatives to the items listed below as these are the best standards and practices. Additionally, GPD has not discovered alternative items that can achieve the same officer and civilian safety objectives. Therefore, each item’s necessity is further described below:
Command & Control Recreational Vehicle (RV):
The Command & Control
Recreational Vehicle is a motorhome. This RV will be deployed during critical incidents such as major disasters, pre-planned high-risk warrant operations, Crisis Negotiation Team operations, large-scale pre-planned events, natural disasters, and community outreach events. The RV provides mobility, sheltering, and logistical support during any of the previously mentioned incidents or scenarios.
Armored personnel carriers, Humvees, wheeled vehicles that have a breaching or entry apparatus:
Armored vehicles are used to provide ballistic protection to officers and citizens during a rescue, critical incidents, and other hazardous situations. These vehicles allow officers closer access to high-risk situations while substantially reducing the physical risk to the officers and citizens. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection.
Spe
cialized firearms and ammunition, including assault weapons:
Patrol rifles,
SWAT rifles, and sniper rifles enable officers when in compliance with the GPD’s Use of Force Policy, to address medium to long-distance threats, or those threats who are heavily armed, protected by armor, or both. Further, in both short and long-distance deployments, they allow officers precision shot placement, minimizing the risk to officers and innocent citizens.
Diversionary Devices:
Diversionary Devices are used as a non-lethal device to disorient or divert a violent felon’s attention away from officers. This can allow officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow officers to take a citizen into custody without force.
Diversionary devices have become the industry standard and the best option for law enforcement when their use is reasonable and necessary.
Chemical Agents:
Chemical agents such oleoresin capsicum (OC) are less lethal methods used to address violent or riotous crowds when there is a risk of physical safety. They are also used to safely gain compliance of a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allows peace officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so. These weapons are less lethal and afford peace officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no alternative.
Specialty Impact Munitions (SIMs):
The 40mm launcher affords the ability to use less-
lethal chemical agents and impact munition This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable.
The bean bag shotgun also allows officers to confront a potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter.
When necessary, there is no alternative to these less lethal weapon systems.
All use of what has been deemed military equipment by AB 481 must be reasonably necessary and conform to the Gardena Police Department’s use of force and other policies.
All the facts and circumstances surrounding the incident must be carefully weighed and considered before authorizing the use of, and/or utilizing this equipment.
The proposed policy was posted on the Gardena Police Department’s website on March 23, 2022.
The public hearing notice for this Ordinance was published in the Gardena Valley News on April 14, 2022.
The Gardena Department seeks City Council adoption of the attached Military Equipment Use Policy – 706 (Exhibit A to Proposed Ordinance No. 1841) to allow GPD to continue to use the vital equipment specified therein and allow neighboring police agencies to use military equipment in this jurisdiction when providing mutual-aid during exigent circumstances.
Staff recommends that the City Council Conduct a Public Hearing, please allow three (3) minutes
for each speaker, and
introduce Ordinance No. 1841.
FINANCIAL IMPACT/COST:
There is no fiscal impact associated with introducing the Ordinance. There are no new financial considerations for existing military equipment and munitions.
ATTACHMENTS:
Attachment 1 - AB 481.pdf
Attachment 2 - Gardena Ordinance No 1841 with Exhibit A (Military Equipment Policy).pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counselÕs digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distrib ution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agenc y, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property , including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill w ould require a la w enforcement agenc y, defined to include specified entities, to obtain appro val of the applicable go verning body, by adoption of a military equipment use polic y, as specified, by ordinance at a regular meeting held pursuant to specified open meeting la ws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the go verning body to appro ve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill w ould require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use polic y if it determines, based on an annual military equipment report prepared by the law enforcement agency, as pro vided, that the military equipment does not comply with the above-described standards for appro val. The bill w ould specify these provisions do not preclude a county or local municipality from implementing
92 STATE OF CALIFORNIAAUTHENTICATED ELECTRONIC LEGAL MATERIAL additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agenc y’s internet website, and pro vide a cop y of the polic y to the Governor or the Go vernor’s designee, as specified. The bill w ould also require a state agenc y that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill w ould impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts la ws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deplo yment in our communities adversely impacts the public’s safety and welf are, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deplo yed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are e xperienced most acutely in mar ginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local go vernment officials, as well as a right to participate in an y government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and ci vil liberties, and should be based on meaningful public input.
92 — 2 — Ch. 406
(d) Legally enforceable safe guards, including transparenc y, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police ha ve with the community , which can be undermined when la w enforcement is seen as an occup ying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that o versees a la w enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a la w enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or an y campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant amb ush-protected (MRAP) v ehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humv ees, two and one-half-ton trucks, fiv e-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain v ehicles (A TVs) and motorized dirt bik es are specifically excluded from this subdivision.
(4) Tracked armored v ehicles that pro vide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control v ehicles that are either b uilt or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are e xplosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 — 3 —
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber , including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the e xception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and e xplosive breaching tools, “tear g as,” and “pepper balls, ” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockw ave, micro wave weapons, w ater cannons, and the Long Range Acoustic Device (LRAD).
(14) The follo wing projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag, ” rubber b ullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a la w enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, e xpected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the la w enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including an y course required by the Commission on Peace Officer Standards and Training, that must be completed before an y officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 — 4 — Ch. 406
authority, and, if applicable, what le gally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and ho w the la w enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the la w enforcement di vision of e very state office, officer, department, division, bureau, board, and commission or other state body or agenc y, e xcept those agencies pro vided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manuf acturer model number.
7071. (a) (1) A law enforcement agency shall obtain appro val of the governing body, by an ordinance adopting a military equipment use policy at a re gular meeting of the go verning body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable, prior to eng aging in an y of the following:
(A) Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(F) Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through an y means not pro vided by this paragraph.
(2) No later than May 1, 2022, a la w enforcement agenc y seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the go verning body does not appro ve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use polic y submitted pursuant to subdi vision (b), within 180 days of submission of the proposed military equipment use policy to the go verning body, the la w enforcement agenc y shall cease its use of 92 Ch. 406 — 5 —
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and mak e those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a re gular meeting and provide for public comment in accordance with the Bagle y-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Di vision 3 of Title 2) or the Ralph M. Bro wn Act (Chapter 9 (commencing with Section 54950) of P art 1 of Di vision 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use polic y will safe guard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to a vailable alternati ves that can achie ve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to rene w the ordinance at a re gular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for appro val set forth in subdi vision (d). If the go verning body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 — 6 — Ch. 406
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for la w enforcement services, the city shall ha ve the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the follo wing information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns recei ved concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year follo wing submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the ne xt year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and con veniently located community engagement meeting, at which the general public may discuss and ask questions re garding the annual military equipment report and the la w enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use polic y prior to engaging in any of the following:
(1) Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
92 Ch. 406 — 7 —
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(6) Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through an y means not pro vided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agenc y that is required to create a military equipment use policy pursuant to this section shall do both of the follo wing within 180 days of completing the policy:
(1) Publish the military equipment use polic y on the agenc y’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of state wide concern rather than a municipal af fair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede an y inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further e xposes that activity to public scrutin y and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agenc y or school district under this act w ould 92 — 8 — Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
O
92 Ch. 406 — 9 —
Ordinance No. 1841
ORDINANCE NO. 1841
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT
USE POLICY OF THE CITY OF GARDENA, CALIFORNIA
GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO
ASSEMBLY BILL 481.
THE CITY COUNCIL OF THE CITY OF GARDENA DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the Gardena Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items of military equipment; and
WHEREAS, AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifes pan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, pursuant to Government Code section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Gardena Police Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Use Policy no later than May 1, 2022; and
WHEREAS, as further required by Government Code section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Use Policy, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Gardena Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and
WHEREAS, Government Code Section 7071(b) requires that the Gardena Police Department post to its website the Military Equipment Use Policy that it plans to propose to the City Council, at least 30 days prior to any public hearing concerning the policy; and
Ordinance No. 1841
WHEREAS, the Gardena Police Department has prepared a proposed Military Equipment Policy (“Policy”), attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, on March 23, 2022, the Gardena Police Department posted its draft Military Equipment Use Policy to its public website, thereby complying with the 30-day posting requirement prior to a public hearing before City Council on April 26, 2022; and
WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
WHEREAS, the proposed M ilitary Equipment Use Policy will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; WHEREAS, p rior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance;
WHEREAS, the Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue;
WHEREAS, the Policy satisfies the requirements of Government Code Section 7070(d);
WHEREAS, the City Council of the City of Gardena, having received the information required under AB 481 regarding the Gardena Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Military Equipment Policy.
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA , DOES HERBY ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.
Ordinance No. 1841
SECTION 2: Approval of Military Equipment Policy.
Military Equipment Policy.
(a) The Military Equipment Policy shall govern the use of military equipment by the Gardena Police Department. The Policy is attached to this Ordinance as Exhibit A. (b) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use or as otherwise ordained by the City Council.
(c) The Police Department shall submit an annual military equipment report to the City Council containing the informati on required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d).
(d) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew it pursuant to Government Code Section 7071(e)(2).
(e) The definitions set forth in Government Code section 7070 shall apply to this ordinance. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.
SECTION 3: Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.
SECTION 4: Inconsistencies. Any provision of the Gardena Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 5: Uncodified Ordinance. This Ordinance shall not be codified in the Gardena Municipal Code unless and until the City Council so ordains.
SECTION 6: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, artic le, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declare d Ordinance No. 1841
invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.
SECTION 7: Effective Date. This ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
SECTION 8: Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adopti on thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
APPROVED AND ADOPTED on this _____ day of ______________, 2022.
_____________________________
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
Ordinance No. 1841
EXHIBIT A
MILITARY EQUIPMENT POLICY
Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 1 Policy 706 Gardena Police Department Gardena Policy Manual Military Equipment 706.1 PURPOSE AND SCOPE State The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 706.1.1 DEFINITIONS State Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Department. Military equipment – Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight.
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706.2 POLICY State It is the policy of the Gardena Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR Best Practice The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Gardena Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 706.4 MILITARY EQUIPMENT INVENTORY State The following constitutes a list of qualifying equipment for the Department: ARMORED VEHICLES Type: Lenco BearCat G2 (FORD F-550 CHASSIS; VIN: 1FDAF5HT5DEB79977) Quantity: 1 Cost: $259,932.03 (estimated) Lifespan: 20+ years based on maintenance and care (estimated) Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 3 Gardena Police Department Gardena Policy Manual
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Capabilities: The Lenco BearCat G2 can support first responders in any hazardous, high-risk, or critical incidents which would benefit from having a vehicle that provides a high level of ballistic protection. Manufacturer’s Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government. Purpose: The purpose of the BearCat is to provide protection for the members of the Gardena Police Department and community members in high risk or critical incidents, such as serving high risk search warrants, arrest warrants of dangerous subjects, the safe transportation of law enforcement officers and for the rescue of injured residents and personnel. Authorized Use: The use of armored vehicles shall be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. Fiscal Impact: $0 – 10,000 (estimated for maintenance) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction. Type: Major Incident Response Vehicle (MIRV) (FORD E-350 CHASSIS WITH MARATHON INDUSTRIES UTILITY BED “BOX STYLE”; VIN: 1FDWE35L87DA27297) Quantity: 1 Cost: $60,000.00 (estimated) Lifespan: 15+ years based on maintenance and care (estimated) Capabilities: The MIRV is a custom-built vehicle used by SWAT personnel to transport the tools used by the SWAT Team. The MIRV can also serve as a mobile command post for SWAT operations. The MIRV seats two department personnel. Manufacturer’s Description: N/A Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 4 Gardena Police Department Gardena Policy Manual
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Purpose: To be used in response to critical incidents where SWAT personnel are deployed. The equipment transported by the MIRV is used to enhance officer and community safety and assist in resolving critical incidents. Authorized Uses: The use of the MIRV shall only be authorized by a SWAT commander based on the specific circumstances of a given critical incident. The MIRV shall be used only by officers trained in its deployment and operation in a manner consistent with Department policy and training. Fiscal Impact: $0 – 10,000.00 (estimated for maintenance) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: Every SWAT operator is authorized to operate the MIRV. Type: Mobile Command Center Recreational Vehicle (RV) (2014 THOR OUTLAW 37LS) Quantity: 1 Cost: $102,865.00 (estimated) Lifespan: 15+ years based on maintenance and care (estimated) Capabilities: The Mobile Command Center RV is a community meeting center as well as a command vehicle for emergency incidents.
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Manufacturer’s Description: Engine Brand Name Triton® Engine Type V10 Cylinders 10 Horsepower (bhp/kW) 362 / 270.1 Horsepower RPM 4750 Torque (Ft Lbs/Nm) 457 / 619.6 Torque RPM 3250 Fuel Requirements Regular Fuel Type Gas Chassis Model F-Series Super Duty Chassis Brand Ford Displacement (l) 6.8 Carburetion Type Fuel Injected Length (ft/m) 38.33 / 11.7 Width (in/mm) 101 / 2565.4 Height (in/mm) 155 / 3937 Wheelbase (in/mm) 242 / 6146.8 Towing Capacity (lbs/kgs) 5000 / 2268 GVWR (lbs/kgs) 24000 / 10886.4 Fuel Capacity (gal/l) 80 / 302 Purpose: To be used in response to critical incidents where personnel are deployed. It can also be used as a community meeting center. Authorized Uses: The use of the RV can be used as a community meeting center or for critical incidents. If for a critical incident, it shall only be authorized by an Incident Commander based on the specific circumstances of a given critical incident. The RV shall be used only by officers trained in its deployment and in a manner consistent with Department policy and training. Fiscal Impact: $0 – 10,000.00 (estimated for maintenance) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: The RV shall be used only by officers trained in its deployment and in a manner consistent with Department policy and training.
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PROJECTILES Type: 40mm Sponge Rounds (Part #6325) Quantity: Not to Exceed 1000 Cost: $17.00 each (estimated) Lifespan: 5 years from date of manufacture Capability: The 40mm eXact iMpactTM Sponge Round will prove most successful for incapacitation when used within its optimal energy range of approximately 5 – 40 meters, although it may be used in situations from 1.5 – 50 meters. The optimal zone offers the necessary energy and accuracy to target the large muscle groups of the buttocks, thigh, and even the knees of the subject. These areas provide sufficient pain stimulus, while greatly reducing serious or life-threatening injuries. Manufacturer’s Description: This lightweight, high-speed projectile incorporates a plastic body and a foam (sponge) nose which is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and has velocities that are extremely consistent. The 40mm eXact iMpactTM Sponge Round is a “point-of-aim, point-of-impact” direct fire round that is most commonly used by tactical teams in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non-compliant subject. In many municipalities, these are being selected for both tactical call outs and as an available option for patrol. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Uses: Situations for use of the non-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Fiscal Impact: $0 – 17,000.00 (estimated) Policy and Procedure: Lexipol Policy 303 Control Devices and Techniques Training: Sworn personnel utilizing 40mm less-lethal chemical agents or impact rounds are trained in their use by certified less lethal and chemical agent instructors. Type: 40mm Oleoresin Capsicum (OC) (Part #-6320) Quantity: Not to Exceed 100 Cost: $18.25 each (estimated) Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 7 Gardena Police Department Gardena Policy Manual
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Lifespan: 5 years from date of manufacture Capability: The 40mm Direct Impact munition is a less lethal 40mm lightweight plastic and crushable foam projectile fired from a single 40mm launcher. It delivers OC irritant upon impact. Manufacturer’s Description: The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Uses: Situations for use of the non-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Fiscal Impact: $0 – 1,825.00 (estimated) Policy and Procedure: Lexipol Policy 303 Control Devices and Techniques Training: Only SWAT operators or members of the Mobile Field Force Team who have completed the required POST training shall be permitted to deploy the 40mm OC. Use is established by the SWAT Commander and/or Incident Commander. Type: 40mm Oleoresin Capsicum (OC) Ferret (Part # 2290) Quantity: Not to Exceed 100 Cost: $20.06 each (estimated) Lifespan: 5 years from date of manufacture Capability: It is capable of penetrating barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impact the nose of the projectile ruptures and instantaneously delivers the agent payload inside a structure or vehicle. Manufacturer’s Description: The Ferret® 40 mm Barricade Penetrating Round is filled with an OC powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impact the nose of the projectile ruptures and instantaneously delivers the agent payload inside a structure or vehicle.
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Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Uses: Situations for use of the non-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Fiscal Impact: $0 – 2,006.00 (estimated) Policy and Procedure: Lexipol Policy 303 Control Devices and Techniques Training: SWAT operators utilizing 40mm less-lethal chemical agents or impact rounds are trained in their use by certified less-lethal and chemical agent instructors. Type: 40mm CS Ferret (Part # 2292) Quantity: Not to Exceed 100 Cost: $19.44 each (estimated) Lifespan: 5 years from date of manufacture Capability: The 40mm CS Ferret is a less lethal 40mm round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure of vehicle. Manufacturer’s Description: The Ferret® 40 mm Barricade Penetrating Round is filled with a CS powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impact the nose of the projectile ruptures and instantaneously delivers the agent payload inside a structure or vehicle. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Uses: Situations for use of the non-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Fiscal Impact: $0 – 1,944.00 (estimated) Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 9 Gardena Police Department Gardena Policy Manual
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Policy and Procedure: Lexipol Policy 303 Control Devices and Techniques Training: SWAT operators utilizing 40mm less-lethal chemical agents or impact rounds are trained in their use by certified less-lethal and chemical agent instructors. Type: Projectile Pepper Ball Munition (Inert) Quantity: Not to Exceed 10,000 Cost: $853.00 (375 rounds) (estimated) Lifespan: 3 years from date of manufacture Capabilities: This projectile can travel at a velocity of 280-300 fps and is best suited for training, qualifications, and direct impact when chemical exposure is not desired. Manufacturer’s Description: Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the non-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers and munitions. All other Gardena Police Department policies remain in effect, including, but not limited to, Gardena Police Department Policy 300 – Use of Force. Fiscal Impact: $0 – 22,178.00 (estimated) Policy and Procedure: Lexipol Policy 303 Control Devices and Techniques Training: SWAT operators and members of the Mobile Field Force Team utilizing Pepper Ball launchers and munitions are trained in their use by a POST-certified, less-lethal and chemical agent instructor. Type: Live-X Projectile Pepper Ball Munition (Live-X) Quantity: Not to Exceed 2250 Cost: $1,060.00 each (375 rounds) (estimated) Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 10 Gardena Police Department Gardena Policy Manual
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Lifespan: 3 years from date of manufacture Capabilities: This projectile can travel at 280-300 fps with a payload of 2.5 grams. It is the equivalent of 10 regular Pepper Ball LiveTM rounds. Manufacturer’s Description: Our most potent and powerful concentration of PAVA pepper powder. One round of LIVE-XTM contains the equivalent PAVA irritant chemical agent in 10 regular Pepper Ball® LIVETM rounds. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the non-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers and munitions. All other Gardena Police Department policies remain in effect, including, but not limited to, Gardena Police Department Policy 300 – Use of Force. Fiscal Impact: $0 – 6,360.00 (estimated) Policy and Procedure: Lexipol Policy 303 Control Devices and Techniques Training: SWAT operators and members of the Mobile Field Force Team utilizing Pepper Ball launchers and munitions are trained in their use by a POST-certified, less-lethal and chemical agent instructor. PROJECTILE LAUNCHERS Type: Defense Technology 40mm Launcher (Part #1425) Quantity: Not to Exceed 40 Cost: $1,193.23 each (estimated) Lifespan: 25 years (estimated) Capabilities: 40mm launchers are capable of firing a variety of munitions with a maximum effective range of 120 feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton Oleoresin Capsicum (OC) chemical round agent rounds. Manufacturer’s Description: Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 11 Gardena Police Department Gardena Policy Manual
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attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Uses: Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Fiscal Impact: $0 - $47,729.20 (estimated) Policy and Procedure: Lexipol Policy 303 Control Devices and Techniques Training: Sworn personnel utilizing 40mm less-lethal chemical agents or impact rounds are trained in their use by certified less lethal and chemical agent instructors. Type: Defense Technology 40mm 4 or 6-Shot Launcher (Part # 1440) Quantity: Not to Exceed 2 Cost: $2,783.88 each (estimated) Lifespan: 15 years (estimated) Capabilities: 40mm launchers are capable of firing a variety of munitions with a maximum effective range of 120 feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton Oleoresin Capsicum (OC) chemical round agent rounds. Manufacturer’s Description: Designed for riot and tactical situations, the Defense Technology® 1440 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc™ expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Uses: Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations.
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Fiscal Impact: $0 – 5,567.76 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: SWAT operators and members of the Mobile Field Force Team utilizing 40mm less-lethal chemical agents or impact rounds are trained in their use by certified less lethal and chemical agent instructors. Type: Pepper Ball Launchers (Full Tactical Carbine (FTC)) Quantity: Not to Exceed 8 launchers Cost: $999.95 each (estimated) Lifespan: 20 years (estimated) Capabilities: A non-lethal munitions system that employs paint ball launchers to fire “pepper balls” that contain powdered OC in place of the paint. The pepper ball delivery system combines chemical agent exposure with kinetic energy impact to aid in its effectiveness in addressing armed and/or violent individuals or crowds. Pepper ball munitions also include glass breaking rounds and marking rounds. Manufacturer’s Description: Pepper Ball launchers are designed for minimum time between launches and quick reload speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation, the Pepper Ball system offers flexibility, safety and security, all within one platform. Launchers range from a compact lightweight hand-held style that fits on a standard duty belt to a longer barreled shoulder-mounted launcher with greater range and projectile capacity. Each launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air powering the launch of projectiles. Pepper Ball launchers are not classified as firearms. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapons systems may include, but are not limited to self-destructive, dangerous and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only those SWAT operators or members of the Mobile Field Force Team who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers. Fiscal Impact: $0 - 7,999.60 (estimated) Policy and Procedure: Lexipol Policy 303 Control Devices and Techniques Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 13 Gardena Police Department Gardena Policy Manual
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Training: Only assigned operators or members of the Mobile Field Force Team who have completed the required training from POST-certified instructors shall be permitted to deploy the Pepper Ball Launchers and Pepper Ball Munitions. Use is established by the SWAT Commander and/or Incident Commander. AMMUNITION Type: Duty: Winchester Ranger, .223 Remington 55 grain pointed soft point Range: Winchester 5.66mm, 55 grain Full Metal Jacket Quantity: Duty Not to Exceed: 10,000 rounds Range Not to Exceed: 10,000 rounds Cost: Duty: $0.57 per round, $572.00 for 1000 rounds (estimated) Range: $0.37 per round, $378.00 per 1000 rounds (estimated) Lifespan: 5 years from date of purchase Capabilities: The projectile is capable of penetrating soft body armor being worn by armed subjects. Manufacturer’s Description: The .223/5.66 cartridge is used as a lethal option designed to stop a violent encounter. Purpose: To be utilized with the AR 15/M4 Carbine/HK 416 in accordance with Department policy. Authorized Uses: To be utilized with the AR 15/M4 Carbine/HK 416 in accordance with Department policy. Fiscal Impact: Duty: $0 – 5,720.00 (estimated) Range: $0 – 3,780.00 (estimated) Policy and Procedure: Lexipol Policy 306 Firearms Policy Training: All sworn personnel are trained by POST-certified firearms instructors for the use M4 and AR 15s. SWAT operators receive additional training from POST-certified firearms instructors in the operation of the HK 416. Type: Defense Technology 12-Gauge Drag Stabilized Round (Part # 3027) Quantity: Not to Exceed 250 Cost: $5.82 each (estimated) Lifespan: 5 years from manufacture date Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 14 Gardena Police Department Gardena Policy Manual
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Capabilities: This round has a velocity of 270 fps with a maximum effective range of 75 feet. Manufacturer’s Description: The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities’ number one choice for specialty impact munitions. Purpose: To limit the escalation of conflict where the employment of lethal force is prohibited or undesirable. Authorized Uses: Situations for use of the non-lethal weapon, the Remington 870, system may include, but are not limited to: self-destructive, dangerous, and/or combative individuals; civil unrest incidents; potentially vicious animals; and training exercises or approved demonstrations. Fiscal Impact: $0 – 1,455.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: Only sworn personnel who have completed the required POST training shall be permitted to deploy the Defense Technology 12-Gauge Drag Stabilized Round. Type: .308 Caliber Rifle Ammunition (Winchester S308M) Quantity: Not to Exceed 2,000 Cost: $1.29 each (case of 200 rounds $259.00) (estimated) Lifespan: 5 years from manufacture date Capabilities: This ammunition enables SWAT long rifle operators the ability to engage hostile suspects at a distance with precision rifle fire. Manufacturer’s Description: Designed for use in rifles equipped with fast twist (1:7" to 1:9") barrels; Match-style Bullet - Proven performance and extreme accuracy on the range; Proven Hollow Point Boattail Design - Sleek profile, large boattail and small hollow point maximizes long-range accuracy. Purpose: To be used with the Remington 700 or Remington R10.
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Authorized Uses: The .308 Caliber Rifle Ammunition is authorized when used by the Remington 700 or Remington R10. Fiscal Impact: $0 – 2,590.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: Only assigned SWAT long rifle operators who have completed the required training shall be permitted to operate the rifle with this ammunition. Use is established by the SWAT Commander and/or Incident Commander. Type: Duty: Winchester Ranger, 9mm Luger 115 grain Hollow Point Range: Winchester Target, 9mm Luger 115 grain Full Metal Jacket Quantity: Duty: Not to Exceed 30,000 Range: Not to Exceed 30,000 Cost: Duty: $0.32 per round, $324.000 per 1,000 rounds (estimated) Range: $0.22 per round, $223.00 per 1,000 rounds (estimated) Lifespan: 5 years from date of manufacture Capabilities: This ammunition enables SWAT operators the ability to stop an armed subject at various distances. Manufacturer’s Description: Duty: Threat stopping performance. It's what makes Ranger T-Series the trusted duty load law enforcement agencies across America. The bullet's patented, segment engineered design enhances expansion, penetration and weight retention through a variety of intervening barriers. Range: Backed by generations of legendary excellence, Winchester "USA White Box" stands for consistent performance and outstanding value, offering high-quality ammunition to suit a wide range of shooter's needs. Purpose: To be used with the MP-5. Authorized Uses: The Winchester Ranger and Winchester Target Ammunition are authorized when used with the MP-5. Fiscal Impact: Duty: $0 – 9,720.00 (estimated) Range: $0 – 6,690.00 (estimated) Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 16 Gardena Police Department Gardena Policy Manual
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Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: Only assigned SWAT operators who have completed the required training shall be permitted to operate the MP-5. Use is established by the SWAT Commander and/or Incident Commander. FIREARMS: Type: AR 15/M4 Carbine/HK416 Quantity: Not to Exceed 100 Cost: $865.26 (estimated) Lifespan: No expiration Capabilities: The AR 15/Carbine Rifle/HK 416 is a firearm capable of accurately stopping an armed subject at various distances. Manufacturer’s Description: A lightweight, air-cooled, gas-operated, magazine-fed shoulder-fired weapon designed for semi-automatic fire (or select fire for HK416). Purpose: To be used as a precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible. Authorized Uses: Only members that are POST certified are authorized to use a rifle. Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: a. Situations where the member reasonably anticipates an armed encounter. b. When a member is faced with a situation that may require accurate and effective fire at long range. c. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. d. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. e. When a member reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor. g. When needed to euthanize an animal. HK 416’s are only authorized for SWAT use in tactical situations. Fiscal Impact: $0 – 1,000.00 each (estimated for maintenance) Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 17 Gardena Police Department Gardena Policy Manual
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Policy and Procedure: Lexipol Policy 306.33 Patrol Rifles Training: All sworn personnel are trained by POST-certified firearms instructors for the use of M4s and AR 15s. SWAT operators receive additional training from POST-certified firearms instructors in the operation of the HK 416. Type: Remington 870 Magnum 12 Gauge Shot Lock (Repurposed Remington 870 Magnum modified with a breaching barrel) Quantity: Not to Exceed 3 Cost: $0 Lifespan: 25 years (estimated) Capabilities: This tool allows for officers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the device into the correct position and vents gasses to prevent overpressure. This device can also defeat windows and sliding glass doors with a flash bang round. Manufacturer’s Description: The Remington 870 family of shotguns was first introduced by Remington in the 1950s and since, has become one of the most popular USA-made pump action shotguns ever. Sales of the 870 reached over 7 million guns by 1996 and have continued to grow. This particular model is configured with a pistol grip and door-breaching accessory threaded into the barrel making it ideal for forceful entry situations. Purpose: During crisis situations, it may become necessary for a SWAT team to facilitate an entry into a target location. It is critical the point of entry is breached as quickly and as safely as possible. A quick and effective breach may be required to provide an added degree of safety and tactical advantage in order to accomplish a mission. Authorized Uses: A shot gun breach should only be utilized after taking into consideration the overall mission, officer and citizen safety, the overall construction of the structure, the presence of unstable chemicals, explosives or incendiary materials, and whether other means of mechanical breaching would be effective and safe to use. The option to use a shot gun breach shall be at the discretion of the SWAT Team Leader or the Incident Commander. Fiscal Impact: $0 – 150.00 (estimated for maintenance) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: Only assigned operators who have completed the required POST training shall be permitted to deploy the Remington 870 Magnum 12 Gauge Shot Lock.
Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 18 Gardena Police Department Gardena Policy Manual
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Type: Remington 870 – Less-Lethal Shotgun (Repurposed Remington Shotguns from Patrol) Quantity: Not to Exceed 4 Cost: $946.00 (estimated) Lifespan: 25 years (estimated) Capabilities: This less lethal shotgun is specifically designated for use with kinetic energy projectiles and is specially marked in a manner that makes them readily identifiable as such. It can deploy at a distance up to 75 feet. They are 12-gauge with a 6+1 magazine capacity. Manufacturer’s Description: As one of the most popular shotguns of all time, the Model 870 is offered in dozens of configurations to suit hundreds of applications. It is the heart of the Model 870's landmark dependability and durability. Purpose: To limit the escalation of conflict where the employment of lethal force is prohibited or undesirable. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; potentially vicious animals; and training exercises or approved demonstrations. Fiscal Impact: $0 – 200.00 (estimated for maintenance) Policy and Procedure: Lexipol Policy 306 Training: Only sworn personnel who have completed the required POST training shall be permitted to deploy the Remington 870. Type: MP-5 Select Fire Firearm Quantity: Not to Exceed 20 Cost: $3,128.29 each (estimated) Lifespan: No expiration Capabilities: A compact, modular, lightweight, select fire firearm chambered in 9mm. The MP-5 is one of the most widely used firearm by SWAT teams in North America. The firearm provides the ability to deliver precision gun fire with a shoulder fired weapons system that is accurate, reliable, and safe. Its compact design allows for ease of maneuverability when operating in the open or within interior environments.
Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 19 Gardena Police Department Gardena Policy Manual
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Manufacturer’s Description: Probably the most popular series of select fire guns in the world, it functions according to the proven roller-delayed blowback principle. Tremendously reliable, with maximum safety for the user, easy to handle, modular, extremely accurate and extraordinarily easy to control when firing – features that are particularly appreciated by security forces and military users worldwide. Purpose: To be used as a precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible. Authorized Uses: A sworn police officer who is member of the SWAT team may utilize an MP-5. Members may deploy the MP-5 in any circumstance where the member can articulate a reasonable expectation that the MP-5 may be needed. Examples of some general guidelines for deploying the MP-5 may include, but are not limited to: a. Situations where the member reasonably anticipates an armed encounter. b. When a member is faced with a situation that may require accurate and effective fire at long range. c. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. d. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. e. When a member reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor. g. When needed to euthanize an animal. Fiscal Impact: $0 – 500.00 (estimated for maintenance) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: Only assigned SWAT operators who have completed the required training shall be permitted to operate the MP-5. Use is established by the SWAT Commander and/or Incident Commander. Type: Remington 700 Precision .308 Bolt Action Rifle Quantity: Not to Exceed 4 Cost: $2,000 (estimated) Lifespan: No expiration Capabilities: The bolt action sniper rifle provides SWAT long rifleman the ability to engage a suspect at up to 600 yards with precision accuracy.
Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 20 Gardena Police Department Gardena Policy Manual
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Manufacturer’s Description: It's the number one bolt-action of all time, proudly made in the U.S.A. For over 50 years, more Model 700s have been sold than any other bolt-action rifle before or since. The legendary strength of its 3-rings-of-steel receiver paired with a hammer-forged barrel, combine to yield the most popular bolt-action rifle in history. Top choice of elite military snipers, the Model 700 is unequalled in tactical precision. Whether defending freedom or pursuing big game, its out-of-the-box accuracy is unmatched. Purpose: To be used as a precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible. Authorized Uses: SWAT operators who have been trained as a long rifleman/observer may use the Remington 700 during SWAT team operations. Examples of some general guidelines for deploying the Remington 700 may include, but are not limited to: a. Situations where the member reasonably anticipates an armed encounter. b. When a member is faced with a situation that may require accurate and effective fire at long range. c. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. d. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. e. When a member reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor. g. When needed to euthanize an animal. Fiscal Impact: $0 – 5,200.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes pursuant to State and Federal law. Training: Only assigned SWAT long rifle operators who have completed the required training shall be permitted to operate the rifle. Use is established by the SWAT Commander and/or Incident Commander. Type: Remington R10 .308 Caliber Select Fire Rifle Quantity: Not to Exceed 4 Cost: $2,836.00 each (estimated) Lifespan: No expiration Capabilities: This is a semi-automatic precision rifle with precision optics and provides SWAT long rifleman the ability to engage a suspect at up to 800 meters with precision accuracy.
Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 21 Gardena Police Department Gardena Policy Manual
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Manufacturer’s Description: The R10's hammer-forged, sniper-grade barrel features 5R rifling for added precision and an effective range out to 800 m. All R10s have fully ambidextrous controls and free floated modular Remington Arms Handguards. Purpose: The rifle provides SWAT long rifle operators and team spotters the ability to rapidly deploy and provide overwatch for team movements. Authorized Uses: SWAT operators who have been trained as a long rifleman/observer may use the Remington R10 during SWAT team operations. Examples of some general guidelines for deploying the Remington R10 may include, but are not limited to: a. Situations where the member reasonably anticipates an armed encounter. b. When a member is faced with a situation that may require accurate and effective fire at long range. c. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. d. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. e. When a member reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor. g. When needed to euthanize an animal. Fiscal Impact: $0 – 2,000.00 (estimated for maintenance) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: Only assigned SWAT long rifle operators who have completed the required training shall be permitted to operate the rifle. Use is established by the SWAT Commander and/or Incident Commander. HAND THROWN GAS Type: Flameless Oleoresin Capsicum (OC) Expulsion (Part # 2040) Quantity: Not to Exceed 30 Cost: $36.00 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: This canister’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area consisting of approximately 1,500 square feet. The Flameless Expulsion Canister has a 1.5 second delay, followed by sub-munitions that mechanically activate a CO2 cartridge. The released CO2 pressure expels the powder through one or Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 22 Gardena Police Department Gardena Policy Manual
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two (or both) ports on the side of the canister within seconds. Manufacturer’s Description: The Flameless Expulsion canister is designed for indoor use. This canister’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area consisting of approximately 1,500 square feet. The Flameless Expulsion Canister has a 1.5 second delay, followed by sub-munitions that mechanically activate a CO2 cartridge. The released CO2 pressure expels the powder through one or two (or both) ports on the side of the canister within seconds. The Flameless Expulsion canister is extremely safe for indoor use. The extremely light powder from the agent will remain airborne for extended periods depending on the draft conditions. The Expulsion canister cannot be launched. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 1,080.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors. Type: Multi-Use CS Smoke (Part #1082) Quantity: Not to Exceed 50 Cost: $26.33 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: A high volume continuous burn canister that expels its payload in approximately 20 - 40 seconds. Manufacturer’s Description: Designed specifically for outdoor use in crowd control situations, the canister is a high volume continuous burn canister that expels its payload in approximately 20 - 40 seconds. It has slightly less chemical content than the Spede- HeatTM version, but differs mainly in size. The longer burn time may allow for throwback by individuals wearing burn protection such as a welder’s mitt. The canisters may be Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 23 Gardena Police Department Gardena Policy Manual
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protected from advancing individuals with the use of less lethal impact munitions. The device should be deployed utilizing wind advantage. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 1,316.50 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors. Type: Stinger CS Rubber Balls (Part # 1088) Quantity: Not to Exceed 100 Cost: $45.00 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: The Stinger® CS Rubber Ball is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. It has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Manufacturer’s Description: The Stinger® canister is a combination Less Lethal Impact Munitions and Distraction Device® that may incorporate optional CS or OC laden powder, if desired. The Stinger® canister is a maximum effect device as it delivers up to four stimuli for psychological and physiological effect: rubber pellets, light, sound, and optional chemical agent or Oleoresin Capsicum (OC). The Stinger® canister has an initial 1.5 second delay that initiates fuze assembly separation, followed by another 0.5 second delay before the function of the device. The blast is sufficient to project the rubber balls and optional chemical agent in a 50-foot radius. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 24 Gardena Police Department Gardena Policy Manual
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incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: SWAT operators and members of the Mobile Field Force Team who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 4,500.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors. Type: Triple Chaser Smoke (Part #1027) Quantity: Not to Exceed 25 Cost: $35.50 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This apparatus can be hand thrown or launched from a fired delivery system and is an effective way to quickly deploy a wide blanket of agent. Manufacturer’s Description: The Triple-Chaser® is a fast burning, medium volume canister. It is a pyrotechnic canister consisting of three (3) separate canisters pressed together with separating charges between each section. When deployed, this apparatus will separate into three (3) distinct sub-munitions spaced approximately 20 feet apart – allowing increased area coverage in a short period of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only SWAT operators and members of the Mobile Field Force Team who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 887.50 (estimated) Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 25 Gardena Police Department Gardena Policy Manual
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Policy and Procedure: It is the policy of the Gardena Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors. Type: Triple Chaser CS (Part #1027) Quantity: Not to Exceed 25 Cost: $47.00 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This apparatus can be hand thrown or launched from a fired delivery system and is an effective way to quickly deploy a wide blanket of agent. Manufacturer’s Description: The Triple-Chaser® is a fast burning, medium volume canister. It is a pyrotechnic canister consisting of three (3) separate canisters pressed together with separating charges between each section. When deployed, this apparatus will separate into three (3) distinct sub-munitions spaced approximately 20 feet apart – allowing increased area coverage in a short period of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only SWAT operators and members of the Mobile Field Force Team who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 1,175.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors.
Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 26 Gardena Police Department Gardena Policy Manual
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Type: Pocket Tactical CS (Part #1016) Quantity: Not to Exceed 100 Cost: $25.19 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: The Pocket Tactical is a small lightweight easily carried device that provides a medium volume of chemical agent or smoke for certain situations. Manufacturer’s Description: The Pocket Tactical is a quick burning, reduced volume, continuous discharge canister available in Oleoresin Capsicum (OC), CN, CS, and Saf-Smoke. Pelletized chemical agent or smoke is discharged through one (1) gas port located on the bottom of the canister. The Pocket Tactical is a small, lightweight, easily carried device that provides a medium volume of chemical agent or smoke for certain situations. It was designed with the tactical team in mind for distraction, concealment, rescue, or signaling. The pocket canister is not specifically intended as a crowd management device; however, it can be used in chemical configurations in conjunction with larger smoke canisters to “piggy back” chemical agents into a predominately smoke environment. This device should be deployed utilizing wind advantage. It should NOT be deployed onto rooftops, in crawl spaces, or indoors due to its fire-producing capability. Hand throw or launch. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only SWAT operators and members of the Mobile Field Force Team who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 2,519.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors. Type: Flameless Tri-Chamber CS (Part #1032) Quantity: Not to Exceed 20 Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 27 Gardena Police Department Gardena Policy Manual
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Cost: $36.63 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: The design of the Tri-Chamber Flameless CS canister allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. It is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. It can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. Manufacturer’s Description: The Tri-Chamber Flameless canister is designed for indoor use. This canister’s pyrotechnic contents are burned within an internal can that is one of three in this design. The internal combustion allows the chemical-laden smoke to be released through three (3) ports on the outer canister side while safely containing any of the fire-producing properties within the two internal canisters. The fuze is shrouded to further protect surrounding materials from the possibility of fire. The Tri-Chamber Flameless canister can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only SWAT operators and members of the Mobile Field Force Team who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 732.60 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors. Type: Flameless Tri-Chamber Smoke (Part #1033) Quantity: Not to Exceed 20 Cost: $29.50 each (estimated) Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 28 Gardena Police Department Gardena Policy Manual
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Lifespan: 5 years from date of manufacture Capabilities: The Tri-Chamber Flameless canister can be used in crowd control as well as tactical deployment situations. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. Manufacturer’s Description: The Tri-Chamber Flameless canister is designed for indoor use. This canister’s pyrotechnic contents are burned within an internal can that is one of three in this design. The internal combustion allows the chemical-laden smoke to be released through three (3) ports on the outer canister side while safely containing any of the fire-producing properties within the two internal canisters. The fuze is shrouded to further protect surrounding materials from the possibility of fire. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only SWAT operators and members of the Mobile Field Force Team who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 590.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors. Type: MK 46 Vertical 1st Defense (Part # 56746V) Quantity: Not to Exceed 10 Cost: $335.00 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: This will deliver 26 short bursts of Oleoresin Capsicum (OC) at an effective range of 25-30 ft. Manufacturer’s Description: The MK-46 features a trigger handle, is intended for use in crowd management and will deliver 26 short bursts of Oleoresin Capsicum (OC) at an effective range of 25-30 ft. This .7% MC OC aerosol product utilizes a stream delivery Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 29 Gardena Police Department Gardena Policy Manual
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method providing a target-specific, strong concentrated stream for greater standoff. Non-flammable / Electronic Discharge Weapon (EDW) safe. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to self-destructive, dangerous, and/or combative individuals; civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; and training exercises or approved demonstrations. Authorized Uses: Only SWAT operators and members of the Mobile Field Force Team who have received POST certification in the use of chemical agents are authorized to use chemical agents. Fiscal Impact: $0 – 3,350.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training: SWAT operators and members of the Mobile Field Force Team utilizing chemical agent canisters are certified by POST less-lethal and chemical agent instructors. DIVERSIONARY DEVICES Type: Low Roll Distraction Device (Part #8922 – HH) Quantity: Not to Exceed 50 Cost: $46.00 each (estimated) Lifespan: 5 years from date of manufacture Capabilities: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to temporarily distract, confuse, and disorient subjects. They can also be used as “attention-getting” devices. Manufacturer’s Description: The 11-Gram Low Roll II® Non-Reloadable Distraction Device®, High Humidity utilizes an M201A1 type fuze with Hex design steel body. This compact version of the 8933 Low Roll Distraction Device body is the newest version of the first reusable non-bursting canisters that limits movement and rolling once deployed. Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations. It produces atmospheric overpressure and brilliant white light, and as a result, can cause short-term (6-8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage.
Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 30 Gardena Police Department Gardena Policy Manual
Military Equipment
Authorized Uses: Diversionary Devices shall only be used by SWAT operators who have been trained in their proper use; in hostage and barricaded suspect situations; in high-risk warrant (search/arrest) services where there may be extreme hazards to officers; during other high-risk situations where their use would enhance officer safety; and during training exercises. Fiscal Impact: $0 – 2,300.00 (estimated) Policy and Procedure: It is the policy of the Gardena Police Department to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training: Prior to use, SWAT operators must attend divisionary device training that is conducted by POST-certified instructors. 706.5 APPROVAL State The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS State Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Any military equipment that is deployed or used by Copyright Lexipol, LLC 2022/02/18, All Rights Reserved. Published with permission by Gardena Police Department ***DRAFT*** Military Equipment - 31 Gardena Police Department Gardena Policy Manual
Military Equipment
other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies. Situations may arise where the Gardena Police Department may deploy or use military equipment owned by other law enforcement agencies, in these situations, Gardena Police Department is authorized to deploy or use a different agency’s military equipment as authorized in this policy. The Gardena Police Department hereby adopts the military equipment use policy as is approved, and may be amended from time to time, under Government Code section 7070 et seq., for jurisdictions that the Gardena Police Department may engage with to provide mutual aid. This section is in no way a limitation to the ability of the Gardena Police Department to deploy or use the military equipment of another jurisdiction. 706.7 ANNUAL REPORT State Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT State Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 706.9 COMPLIANCE PROCEDURE This procedure is to ensure compliance with the military equipment use policy. All complaints, concerns, or questions submitted regarding this policy will be handled pursuant to the Department's normal complaint process (Lexipol Policy 1010) and be handled in a timely manner.
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 15.A
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: April 26, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve Consultation Contract for HF&H Consultants, LLC to Monitor the Solid Waste Contract and Manage Senate Bill 1383 Requirements for the City of Gardena.
COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve Consultation Contract
RECOMMENDATION AND STAFF SUMMARY:
The Solid Waste Management Franchise Agreement with Waste Resources of Gardena was recently approved by Council and effective March 22, 2022. The Agreement incorporated the diversion goals by the California Integrated Waste Management Act of 1989 and recent regulation requirements.
With the State's increase in regulations for waste diversion and recycling services, Senate Bill (SB) 1383 requires a reduction of methane emissions resulting from decomposition of organic waste in landfills. SB 1383 requires a reduction of organic waste disposed in landfills by 75% by 2025. The burden was then placed on local jurisdictions to enact and enforce ordinances to comply with SB 1383 regulations. As a result, the City adopted a mandatory organic recycling ordinance to incorporate into the City's Municipal Code.
Staff respectfully recommends the City Council approve the two-year contract for HF&H Consultants, LLC (HF&H) to monitor the Solid Waste Contract and manage the SB 1383 requirements. HF&H will provide legislative and regulatory updates, prepare education and outreach materials for recycling and organics diversion, analyze reports to ensure requirements are met, reconcile Recycling Disposal Reporting System and prepare documentation to be included in the CalRecycle's annual Electronic Report.
From 2020 to 2022, HF&H successfully updated the Solid Waste contract and ordinances to include the SB 1383 requirements for the City of Gardena. With over 20 years of experience, HF&H is the subject matter expert in solid waste, recycle compliance and environmental mandate requirements.
FINANCIAL IMPACT/COST:
Financial Impact:
$210,000 fo
r two-year contract
Funding Sources:
1. CalRecycle awarded the City a grant for
$80,167; f
unds were provided for a Consultant to
assist the City with tracking and providing guidance for SB 1383 requirements
2. Waste Resources of Gardena's Regulatory Reimbursement for AB 939/SB 1383 compliance which generates $150,000 per year
ATTACHMENTS:
City of Gardena HFH Consultants Proposal to Provide Consulting Services Final.pdf HFH Consultant City Agreement 2022.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
Managing Tomorrow’s Resources Today
2081 Business Center Drive, Suite 265 Robert D. Hilton, Emeritu s Irvine, California 92612 John W. Farnkopf, PE
Telephone: (949) 251‐8628 Laith B. Ezzet, CMC
Fax: (949) 251‐9741 Richard J. Simonson, CMC
www.hfh‐consultants.com Marva M. Sheehan, CPA
Robert C. Hilton, CMC
April 13, 2022
Mr. Allan Rigg, P.E., AICP
Director of Public Works
City of Gardena
1700 West 162
nd Street
Gardena, California 92047
Re: Proposal to Provide Solid Waste Consultant Services
Dear Mr. Rigg:
HF&H Consultants (HF&H) is pleased to submit this proposal to the City of Gardena (City) to provide solid waste consultant services. HF&H has a long history of successfully providing these services to jurisdictions throughout California since 1989.
We believe that HF&H brings the following qualifications and benefits to the City:
1. We are an industry recognized thought‐leader in environmental s trategic planning, goal setting, policy development and program implementation. Clients of HF&H receive innovative and pragmatic solid waste and recycling plans that have been developed with decade’s worth of diverse experience.
Our pioneer role in the zero‐waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched m e n u o f s e r v i c e s a n d p r o g r a m s , a s w e l l a s u n r i v a l e d i m p l e m e n t a tion experience. This range of experience allows us to develop both short and long‐term goals that meet the specific needs of our clients, while maintaining a realistic understanding of the impacts on client costs and diversion.
2. HF&H is regarded as the industry expert for SB 1383 compliance. In 2019, CalRecycle engaged HF&H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance.
These model tools were developed to support jurisdictions and o ther regulated entities across the state with implementing programs and policies to reach complian ce with SB 1383 regulations. The model tools include a Model Enforcement Ordinance, Model Procur ement Policy, Model Franchise Agreement, and Model Food Recovery Agreement. In total, HF&H ha s worked with over 70 communities throughout California, representing over 7 million residents, continuously adapting compliance to fit a variety of real‐world conditions. Our rang e of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, and engagement in the regulatory process.
3. We identify the individual needs of our clients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parti es, to set measurable, achievable goals.
Managing Tomorrow’s Resources Today
Mr. Allan Rigg
April 13, 2022
The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers. Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF&H staff includes SWANA and CRRA certified zero waste instructors.
4. HF&H does not provide solid waste consulting services to waste haulers. HF&H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.
Thank you for the opportunity to provide you with this informat ion. We look forward to an opportunity to continue our partnership with the City. If you have any questions, please contact Debbie Morris at (949) 251‐1106 or dmorris@hfh‐consultants.com.
Very truly yours,
HF&H CONSULTANTS, LLC
Laith Ezzet, CMC Debbie Morris
Senior Vice President Senior Manager
City of Gardena Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
April 13, 2022 Page 1 HF&H Consultants, LLC
SECTION 1: SCOPE OF WORK
Task 1: Franchise Management
HF&H has developed hauler report monitoring mechanisms to asses s increases/decreases in residential curbside recycling and organics diversion, and commercial/multi‐family diversion on a monthly basis.
Under this contract, HF&H will monitor these programs closely an d m e a s u r e t h e s u c c e s s o f r e c y c l i n g efforts implemented by Waste Resources of Gardena (WRG).
P u b l i c e d u c a t i o n i s v i t a l t o e n s u r i n g t h e s u c c e s s o f t h e C i t y ’ s diversion programs. The City’s pending franchise agreement with WRG contains specific public education and outreach requirements. HF&H will monitor the quantity and quality of public education pieces pre pared by WRG, suggest topics for public education pieces, and will review public education pieces for accuracy.
The franchise management task will also include our review of W RG’s annual rate increase request. We will review the accuracy of the WRG’s calculations, in accordan ce with the allowable annual increase in the franchise agreement, and document recommended adjustments to the submittal, if applicable.
HF&H shall attend virtual monthly meetings with City staff and WRG to monitor WRG’s compliance with contractual requirements and discuss the success of recycling programs and plans to improve waste diversion.
Task 2: Maintenance Activities
HF&H will assist with various waste management‐related inquiries and miscellaneous tasks that arise from time to time. These tasks will include legislative research an d reporting, monitoring the activities and objectives of the Los Angeles County Integrated Waste Management Task Force (“Task Force”), and providing general solid waste and recycling liaison assistance.
To perform this task, HF&H will:
Track solid waste legislation, regulations, CalRecycle policy decisions, and other solid waste issues pertinent to the City;
Provide legislative and regulatory updates and discuss significant items at face‐to‐face meetings; and, Monitor Task Force meetings and initiatives.
This task will also include communication with the City’s CalRecycle representative to ensure ongoing compliance with state regulations such as CalGreen, AB 341, AB 827, AB 939, AB 2176 and SB 1383.
Additionally, this task may require the development of new programs or the enhancement of existing diversion programs.
Task 3: Coordinate, Promote and Monitor Recycling Programs HF&H will provide public education support for the commercial, multi‐family, and single‐family curbside recycling programs to increase the diversion rates in these sectors.
To perform this task, HF&H will:
City of Gardena Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
April 13, 2022 Page 2 HF&H Consultants, LLC
Monitor both the commercial/multi‐family and the single‐family recycling programs throughout the year, including review of monthly tonnage and customer count re ports submitted by the contractor, and attendance at monthly meetings with the City and the contractor. Prepare public education and outreach materials.
Task 4: Analyze Monthly and Quarterly Reports
HF&H has developed an excel‐based program which analyzes the mo nthly and quarterly reports to be submitted by WRG. Through the use of this program, HF&H can ide ntify potential irregularities and/or inaccuracies of the data submitted via WRG’s reports. The program also tracks the progress of AB 939, AB 341, and SB 1383 compliance.
Part 5: Mandatory Commercial Recycling and Organics Regulation Compliance In 2021, HF&H assisted the City in developing the ordinances required by SB 1383, including the mandatory organics and recycling ordinance. HF&H will track the progress of customer compliance with the mandatory programs. Additionally, HF&H will:
• Assist the City by preparing and submitting, for City approval, public education and outreach materials to encourage participation in the source separated recyclables and organics collection programs. • R e v i e w p r o g r a m p a r t i c i p a t i o n l e v e l s a n d W R G ’ s o u t r e a c h a n d d i s cuss findings during the monthly franchise management meetings with WRG and the City.
• Prepare documentation to be incl uded with the City’s Electronic Annual Report (EAR) submitted to CalRecycle and assist the City in responding to other inquiries by CalRecycle. • Brief the City on new updates to key recycling legislation.
Part 6: SB 1383 Assistance
In addition to the SB 1383 compliance tasks included in previou s tasks, HF&H will perform the following to assist the City in complying with SB 1383:
• Review information provided by WRG to confirm that they provide their customers with information on properly separating materials, organic waste prevention, on‐site recycling, methane reduction benefits, how to recycle organic waste, self‐haul requirements, and edible food donation. • Develop drafts for review by the City of public education and o utreach information for edible food generators. This information will be distributed by the City to the Tier One and Tier Two Edible Food Generator lists provided by WRG.
• HF&H will prepare, for the City ’s review, the annual SB 1383 co mpliance report required by 14 CCR 18994.2 based on information available to us. HF&H will submit this electronic report to CalRecycle on behalf of the City by October 1, 2022, and August 1 annually, thereafter. • On an ongoing basis, maintain all electronic implementation rec ords provided to us in Sharepoint so that they may be accessed by CalRecycle within ten business days of request (14 CCR 18995.2). • HF&H will utilize CalRecycle’s organic waste and edible food recovery capacity planning tools to provide the information to the County on behalf of the City. Th e initial data is due to the County on June 15, 2022. This will be conducted in accordance with 14 CCR 18992.1, 18992.2, 18992.3 and is due to CalRecycle from the County on August 1, 2022, and August 1, 2024.
City of Gardena Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
April 13, 2022 Page 3 HF&H Consultants, LLC
Part 7: Recycling and Disposal Reporting System Reconciliation Governor Brown signed AB 901 (Gordon, Chapter 746, Statutes of 2015) into law to change how organics, r e c y c l a b l e m a t e r i a l , a n d s o l i d w a s t e a r e r e p o r t e d t o C a l R e c y c l e. The Recycling and Disposal Facility Reporting System (RDRS) law requires the following businesses to r e p o r t d i r e c t l y t o C a l R e c y c l e o n a quarterly basis on types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state:
• Recycling facilities
• Composting facilities
• Disposal facilities including landfills
• Transformation facilities
• Engineered municipal solid waste conversion facilities • Transfer/processor facilities
• Contract haulers
• Food waste self‐haulers
• Brokers
• Transporters
The RDRS will provide greater transparency of materials reporte d as originating from the City by these entities.
HF&H will perform the following tasks to review the tonnage and facilities reported on the RDRS:
1. Compare WRG’s tonnage reports to the RDRS, identify differences , and request that WRG make the appropriate revisions to their reports.
2. Review facility reports which allocate tonnages to the City.
3. Identify haulers from facility reports that do not have the authority to provide collection services in the City.
4. Prepare letters for the City to send to illegal haulers, reques ting them to cease operations in the City.
5. Prepare documentation listing inaccuracies or inconsistencies identified, forward the form and all reference information to CalRecycle and include this information in the EAR.
Part 8: CalRecycle Assistance
1. HF&H will review the City’s Electronic Annual Report to CalRecycle prepared by WRG.
2. HF&H will assist the City by responding to questions from CalRe cycle and prepare for and participate in the annual conference calls and meetings with CalRecycle.
City of Gardena Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
April 13, 2022 Page 4 HF&H Consultants, LLC
SECTION 2: FEE PROPOSAL
The City can compensate HF&H for its consulting services throug h the SB 1383 grant and the AB 939/SB 1383 Regulatory Reimbursement paid by WRG. Section 3.2 of the pending agreement with WRG includes an AB 939/SB 1383 Regulatory Reimbursement of 1.5% of gross revenues collected by WRG. The contract value in 2020 was approximately $14 million which would equate to over $200,000 in the Regulatory Reimbursement, and the contract value may increase once the new agreement is implemented.
We will perform the scope of work based on time and materials. Estimated costs for the three proposed periods are as follows:
April 27, 2022 through June 30, 2022 ‐ $30,000;
July 1, 2022 to June 30, 2023 ‐ $90,000; and,
July 1, 2023 to June 30, 2024) ‐ $90,000
The workplans on the following pages itemize hours by task and staff classification. Hours may be shifted among tasks.
We will bill the City once per month based on the number of hours worked and expenses incurred.
Payment is due within 30 days of invoicing. Hourly rates are shown below.
Professional Fees
Hourly rates for professional and administrative personnel thro ugh December 31, 2022, are as follows and will adjust by 3% each January 1 thereafter:
Position Rate
Executive $300 ‐ $315
Senior Project Manager $285 ‐ $295
Project Manager $240 ‐ $250
Senior Associate $210 ‐ $225
Associate Analyst $160 ‐ $170
Assistant Analyst $145 ‐ $150
Administrative Staff $110 ‐ $120
Direct Expenses
Standard charges for common direct expenses are as follows:
Automobile Travel Prevailing IRS mileage rate
Airfare and Public Transit Actual Cost
City of Gardena Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
April 13, 2022 Page 5 HF&H Consultants, LLC
Table 1: April 27, 2022 through June 30, 2022
Sr. Vice
Pres ident
Sr. Project
Manager
Sr.
Associa te Associate Total Hours
1. Franchise Management
1A Monitor contractor compliance 2 2 2 4 10 1B Gather, review and analyze contractor's reports
1C Review public education developed by contractor - 4 - 8 12 1D Schedule and attend monthly meetings - 2 2 4 8 1E Maintain and update action items - - - 2 2 Subtotal: Task 1 Hours 2 8 4 18 32 Task 1 Fees 630 2,320 900 3,042 6,892
2. 2A Track solid waste legislation, and policy decisions - 2 - - 2 2B Provide regulatory updates - 2 - - 2 Subtotal: Task 2 Hours - 4 - - 4 Task 2 Fees -$ 1,160$ - $ - $ 1,160$
3. 3A Monitor recycling programs - 4 4 4 12 3B Prepare public education and outreach materials - 2 - 3 5 Subtotal: Task 3 Hours - 6 4 7 17 Task 3 Fees -$ 1,740$ 900 $ 1,183 $ 3,823 $
4. 4A Receive and analyze contractor's reports - 4 4 4 12 4B Track submittal of contractor reports - - - 2 2 4C Review mathematical accuracy of gross receipts reports - - - 3 3 4D Prepare excel document summarizing reports to City - 12 2 6 20 4E Calculate ratio of gross receipts to tonnage - - - 2 2 Subtotal: Task 4 Hours - 16 6 17 39 Task 4 Fees -$ 4,640$ 1,350 $ 2,873 $ 8,863 $
5. Mandatory Commercial Recycling and Organics Regulation Compli ance 5A Prepare public education and outreach materials - - 2 4 6 5B Review program participation - - - 2 2 Subtotal: Task 5 Hours - - 2 6 8 Task 5 Fees -$ - $ 450$ 1,014 $ 1,464 $
6. 6A Develop public education and outreach to Tier 1 and Tier edible food generators
- - 1 2 3 6B Maintain implementation records - - 2 8 10 6C Provide organics and edible food capacity to County - - 4 1 6 20 Subtotal: Task 6 Hours - - 7 26 33 Task 6 Fees -$ - $ 1,575$ 4,394 $ 5,969 $ 7 7A Respond to questions from CalRecycle - 2 - 6 8 Subtotal: Task 7 Hours - 2 - 6 8 Task 7 Fees -$ 580$ - $ 1,014$ 1,594 $ Total Hours 2 36 23 80 141 Hourly Rate 315$ 290 $ 225 $ 169 $ Subtotal 630$ 10,440$ 5,175 $ 13,520 $ 29,765 $ Expenses 235$
Total Fees and Expenses 30,000$
* Hours may be shifted among tasks
CalRecycle Assistance
Time included in Task 4
SB 1383 Assista nce
Task Description
Maintenance Activities
Coordinate, Promote and Monitor Recycling Programs
Analyze Monthly & Quarterly Reports; Conduct Biennial Audit
City of Gardena Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
April 13, 2022 Page 6 HF&H Consultants, LLC
Table 2: Contract Year 1: July 1, 2022 to June 30, 2023 Sr. Vice
Pres ident
Sr. Project
Manager
Sr.
Associate Associate Total Hours
1. Franchise Management
1A Monitor contractor compliance 2 6 8 16 32 1B Gather, review and analyze contractor's reports
1C Review and verify contractor's annual rate adjustment 2 2 8 - 12 1D Review public education developed by contractor - - - 8 8 1E Schedule and attend monthly meetings 2 24 8 24 58 1F Maintain and update action items - 4 - 1 2 16 Subtotal: Task 1 Hours 6 36 24 60 126 Task 1 Fees 1,890 10,440 5,400 10,140 27,870
2. 2A Track solid waste legislation, and policy decisions - 8 - - 8 2B Provide regulatory updates - 4 - - 4 2C Prepare reports and documents 2 4 - 8 14 Subtotal: Task 2 Hours 2 16 - 8 26 Task 2 Fees 630$ 4,640 $ - $ 1,352$ 6,622 $
3. 3A Monitor recycling programs - 4 4 4 12 3B Prepare public education and outreach materials - 2 - 8 10 Subtotal: Task 3 Hours - 6 4 12 22 Task 3 Fees -$ 1,740$ 900 $ 2,028 $ 4,668 $
4. 4A Receive and analyze contractor's reports - - 4 16 20 4B Track submittal of contractor reports - - - 4 4 4C Review mathematical accuracy of gross receipts reports - - 2 4 6 4D Maintain excel document summarizing reports to City - - - 4 4 4E Calculate ratio of gross receipts to tonnage - - - 4 4 Subtotal: Task 4 Hours - - 6 32 38 Task 4 Fees -$ - $ 1,350$ 5,408 $ 6,758 $
5. Mandatory Commercial Recycling and Organics Regulation Compli ance 5A Prepare public education and outreach materials - 2 2 8 12 5B Review program participation 1 4 2 6 13 5C Brief City on program updates - 4 - - 4 Subtotal: Task 5 Hours 1 10 4 14 29 Task 5 Fees 315$ 2,900 $ 900 $ 2,366 $ 6,481 $
6. 6A Develop public education and outreach to Tier 1 and Tier edible food generators
- - 6 16 22 6B Prepare annual compliance report - 4 8 40 52 6C Maintain implementation records - 2 8 32 42 6D Provide organics and edible food capacity to County - 4 - 1 6 20 Subtotal: Task 6 Hours - 10 22 104 136 Task 6 Fees -$ 2,900$ 4,950 $ 17,576 $ 25,426 $ 7 7A Compare contractor's tonnage to RDRS - - 16 4 20 7B Idenify haulers from RDRS not authorized to collect in City - - - 4 4 7C Prepare disposal report reconc iliation coorespondence - 2 - 8 10 7D Prepare Disposal Modification Forms and submi t to CalRecycle - 2 - 4 6 Subtotal: Task 7 Hours - 4 16 20 40 Task 7 Fees -$ 1,160$ 3,600 $ 3,380 $ 8,140 $ 8 8A Respond to questions from CalRecycle and prepare for and participate in annual meetings
- 4 - 1 6 20 Subtotal: Task 8 Hours - 4 - 16 20 Task 8 Fees -$ 1,160$ - $ 2,704$ 3,864 $ Total Hours 9 86 76 266 437 Hourly Rate 315$ 290 $ 225 $ 169 $ Subtotal 2,835$ 24,940 $ 17,100 $ 44,954 $ 89,829 $ Expenses 171$
Total Fees and Expenses 90,000$
* Hours may be shifted among tasks
CalRecycle Assistance
Time included in Task 4
SB 1383 Assistance
Disposal Report Reconciliation
Task Description
Maintenance Activities
Coordinate, Promote and Monitor Recycling Programs
Analyze Monthly & Quarterly Reports; Conduct Biennial Audit
City of Gardena Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
April 13, 2022 Page 7 HF&H Consultants, LLC
Table 3: Contract Year 2 – July 1, 2023 – June 30, 2024 Sr. Vice
President
Sr. Project
Manager
Sr.
Associate Associate Total Hours
1. Franchise Management
1A Monitor contractor compliance 2 6 8 16 32 1B Gather, rev iew and analyze contractor's reports
1C Review and verify contractor's annual rate adjustment 2 2 8 - 12 1D Review public education developed by contractor - - - 8 8 1E Schedule and attend monthly meetings 2 24 8 24 58 1F Maintain and update action items - 4 - 1 2 16 Subtotal: Task 1 Hours 6 36 24 60 126 Task 1 Fees 1,938 10,692 5,544 10,380 28,554
2. 2A Track solid waste legislation, and policy decisions - 8 - - 8 2B Provide regulatory updates - 4 - - 4 2C Prepare reports and documents 2 4 - 8 14 Subtotal: Task 2 Hours 2 16 - 8 26 Task 2 Fees 646$ 4,752 $ - $ 1,384$ 6,782 $
3. 3A Monitor recycling programs - 6 4 4 14 3B Prepare public education and outreach materials - 2 - 8 10 Subtotal: Task 3 Hours - 8 4 12 24 Task 3 Fees -$ 2,376$ 924 $ 2,076 $ 5,376 $
4. 4A Receive and analyze contractor's reports - - 4 16 20 4B Track submittal of contractor reports - - - 4 4 4C Review mathematical accuracy of gross receipts reports - - 2 4 6 4D Maintain excel document summarizing reports to City - - - 4 4 4E Calculate ratio of gross receipts to tonnage - - - 4 4 Subtotal: Task 4 Hours - - 6 32 38 Task 4 Fees -$ - $ 1,386$ 5,536 $ 6,922 $
5. Mandatory Commercial Recycling and Organics Regulation Compli ance 5A Prepare public education and outreach materials - 2 2 8 12 5B Review program participation 1 4 2 6 13 5C Brief City on program updates - 4 - - 4 Subtotal: Task 5 Hours 1 10 4 14 29 Task 5 Fees 323$ 2,970 $ 924 $ 2,422 $ 6,639 $
6. 6A Develop public education and outreach to Tier 1 and Tier edible food generators
- - 4 16 20 6B Prepare annual compliance report 1 2 8 36 47 6C Maintain implementation records - 2 4 32 38 6D Provide organics and edible food capacity to County - 2 - 1 6 18 Subtotal: Task 6 Hours 1 6 16 100 123 Task 6 Fees 323$ 1,782 $ 3,696 $ 17,300 $ 23,101 $ 7 7A Compare contractor's tonnage to RDRS - - 16 4 20 7B Idenify haulers from RDRS not authorized to collect in City - - - 4 4 7C Prepare disposal report reconciliation coorespondence - 2 - 8 10 7D Prepare Disposal Modification Forms and submit to CalRecycle - 2 - 4 6 Subtotal: Task 7 Hours - 4 16 20 40 Task 7 Fees -$ 1,188$ 3,696 $ 3,460 $ 8,344 $ 8 8A Respond to questions from CalRecycle and prepare for and participate in annual meetings
- 4 - 1 6 20 Subtotal: Task 8 Hours - 4 - 16 20 Task 8 Fees -$ 1,188$ - $ 2,768$ 3,956 $ Total Hours 10 84 70 262 426 Hourly Rate 323$ 297 $ 231 $ 173 $ Subtotal 3,230$ 24,948 $ 16,170 $ 45,326 $ 89,674 $ Expenses 326$
Total Fees and Expenses 90,000$
* Hours may be shifted among tasks
Task Description
Time included in Task 4
Maintenance Activities
Coordinate, Promote and Monitor Recycling Programs
SB 1383 Assistance
Disposal Report Reconciliation
CalRecycle Annual Report
Analyze Monthly & Quarterly Reports; Conduct Biennial Audit
Consultant Agreement with HF&H Consultants, LLC Page 1
CITY OF GARDENA
CONSULTANT AGREEMENT WITH
HF&H CONSULTANTS, LLC
This Agreement is entered into this day of , 2022, by and between the City of Gardena, a municipal corporation (“City”) and HF&H Consultants, LLC, a California LLC (“Consultant”). Based on the mutua l promises and covenants contained herein, the Parties hereto agree, as follows.
1. RECITALS. This Agreement is made and entered into with respect to the following facts:
A. Whereas, City is desirous of obtaining professional consultant services to monitor the solid waste contract and m anage the S enate Bill 1383 requirements;
B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and
C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and
D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until completion, unless earlier terminated as provided below.
A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.
B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.
C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this A greement, whether completed or in progress. Consultant shall be entitled to reasonable compensation for the
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services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause attributable to Consultant, Consultant s hall be deemed r eleased for liability for any work assigned but not completed as of the effective date of termination.
3. SERVICES. Consultant agrees to provide the services as specified in the Consultant’s Proposal, Exhibit A, attached hereto and incorporated herein by thi s reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.
4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.
5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s proposal or bid which is incorporated herein as Exhibit A. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
6. PERSONNEL. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.
7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency pres ently maintained by other similar practiti oners in the St ate of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.
8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement. City, in its sole discretion, may extend the time for performance of any Service.
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9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the General Services Director/City Engineer.
Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a ti mely manner by the Genera l Services Director/City Engineer.
Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the General Services Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the General Services Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, Ci ty may terminat e this Agreement for cause as specified in Section 2 above.
10. COMPENSATION. Consultant shall be compensated as follows:
A. Amount. City shall compensate Consultant for the Services rendered pursuant to this Agreement at the rate spec ified in Exhibit A. In no event shall compensation under this Agreement exceed two-hundred ten-thousand and 00/00 ($210,000.00) without the prior written authorization of the City Council. The Compensation is inclusive of all costs that may be incurred by Consultant in performance of the Services, including but not limited to such items as travel, copies, delivery charges, phone charges, and facsimile charges, unless otherwise noted.
B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the ser vices rendered, date(s) of service, direct and/or subcon tract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services perfor med, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.
11. INSURANCE REQUIREMENTS.
A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consult ant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shall
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comply with all items specified by this Agreement. Any subcontractors shall be subject to all the requirements of t his Section and Con sultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontr actor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.
B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.
C. Coverages, Limits and Policy Requirements. Consultant shall maintain the types of coverages and limits indicated below:
1. Commercial General Liability Insurance – a policy fo r occurrence coverage for bodily injury, personal injury and propert y damag e, including all coverages provided by and to the extent afforded by Insurance Services Office Form CG 2010 ed. 10/93 or 11/85, with no special limitations affecting City. The limit for all coverages under this policy shall be no less t han one mill ion dollars ($1,000,000.00) per occurrence.
2. Commercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) w ith no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
3. Worker’s Compensation and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.
4. Professional Errors & Omissions (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
If the policy is written as a “claims made” policy, the retro date shall be prior to the start o f the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy shall be issued by an insurance company which is admitted to do business in the State of California.
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5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. Additional insureds: “The City Gardena and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to i ts contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gard ena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.”
d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Gardena, its officers, officials, agents, employees, and volunteers.
e. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
D. Additional Requirements . The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Cit y shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorpor ating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.
E. Deductibles. Any deductible or self -insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self- insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or
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Consultant shall provide satisfactory financial guarantee for payment o f losses and related investigations, claim administration and defens e expenses.
F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements eff ecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the i nsurer to bi nd cove rage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deli ver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.
G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension her eto, all required i nsurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.
H. Non-Limiting. Nothing in this Section shall be constr ued as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
12. INDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proce edings brought against the City, its elected officials, of ficers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authoriz ed sub consultants under this Agreement, whether or not the Consultant, its employees , and/or authorized subconsultants are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
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13. COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
14. INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Con sultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
15. PERS ELIGIBILITY INDEMNIFICATION . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing service s under thi s Agreement claims or is determined by a court of competent jur isdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors provi ding service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any c laims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee c ontributions for PERS benefits.
16. NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
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17. OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.
18. CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exem pt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiabl e to an individual that relates to any of these types of information. Consultant agrees to hold Confidential Information in s trictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub- consultants who have signed a non disclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses , phone numbers, birth dates, and social securit y numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that ( 1) City is a "covered entity" under HIPAA, and that (2) Consultant will perfo rm "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.
Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub -consultants agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.
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Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the Cit y harmless from and against all losses and damage s resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.
19. NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for Ci ty, or that City has wrongfully used intellectual property developed by Contract or pursuant to this Agreement.
20. WAIVER OR BRE ACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
21. COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occ upational health and safety; fair employment and employ ment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordi nances applicable to t he services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and desc ription including attorne ys’ fees and costs, pr esented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
22. CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sectio ns 2.24.020H and 2. 24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.
23. NON-DISCRIMINATION. Consultant covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.
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24. FORCE MAJEURE. Consultant shall not be in def ault for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.
25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obliga tions pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.
26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:
To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works
To Consultant: HF&H Consultants, LLC
2081 Business Center Dr., Suite 265
Irvine, CA 92612
Attn: Laith Ezzet, CMC
Senior Vice President
Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service. Either party may change the information to which notice or communication is to be sent by providing advance written notice to the other party.
27. LICENSED ST ATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.
28. FAMILIARITY WITH WORK. By executing this Agreement, Consul tant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s own risk, until written instructions are received from City.
29. PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but
Consultant Agreement with HF&H Consultants, LLC Page 11 not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject t o public disc losure as required by the California Public R ecords Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
30. MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) ye ars from the completi on date of the Services under this Agreement, t he following records:
A. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;
B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations;
C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.
D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.
31. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
32. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branc h of the Los Angeles County Municipal or Superior Court.
33. SECTION HEADINGS. The Section headings used in this Agreem ent are f or reference purposes only and shall have no binding effect.
34. AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
35. ATTORNEY’S FEES. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.
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36. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jo intly drafted this Agreement. No provision of thi s Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
37. SEVERABILITY. If any ter m or portion of this Agreement is held to be invalid, illegal, or otherwise unenf orceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an o riginal. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Ag reement and electronic s ignatures, facsimile si gnatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreem ent had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by t he signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party wi ll reply on such sign atures, and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E- SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.
Rob Hilton, President
Laith Ezzet, Senior Vice President
Managing Tomorrow’s Resources Today
2081 Business Center Drive, Suite 265 Robert D. Hilton, Emeritu s Irvine, California 92612 John W. Farnkopf, PE
Telephone: (949) 251‐8628 Laith B. Ezzet, CMC
Fax: (949) 251‐9741 Richard J. Simonson, CMC
www.hfh‐consultants.com Marva M. Sheehan, CPA
Robert C. Hilton, CMC
April 13, 2022
Mr. Allan Rigg, P.E., AICP
Director of Public Works
City of Gardena
1700 West 162
nd Street
Gardena, California 92047
Re: Proposal to Provide Solid Waste Consultant Services
Dear Mr. Rigg:
HF&H Consultants (HF&H) is pleased to submit this proposal to the City of Gardena (City) to provide solid waste consultant services. HF&H has a long history of successfully providing these services to jurisdictions throughout California since 1989.
We believe that HF&H brings the following qualifications and benefits to the City:
1. We are an industry recognized thought‐leader in environmental s trategic planning, goal setting, policy development and program implementation. Clients of HF&H receive innovative and pragmatic solid waste and recycling plans that have been developed with decade’s worth of diverse experience.
Our pioneer role in the zero‐waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched m e n u o f s e r v i c e s a n d p r o g r a m s , a s w e l l a s u n r i v a l e d i m p l e m e n t a tion experience. This range of experience allows us to develop both short and long‐term goals that meet the specific needs of our clients, while maintaining a realistic understanding of the impacts on client costs and diversion.
2. HF&H is regarded as the industry expert for SB 1383 compliance. In 2019, CalRecycle engaged HF&H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance.
These model tools were developed to support jurisdictions and o ther regulated entities across the state with implementing programs and policies to reach complian ce with SB 1383 regulations. The model tools include a Model Enforcement Ordinance, Model Procur ement Policy, Model Franchise Agreement, and Model Food Recovery Agreement. In total, HF&H ha s worked with over 70 communities throughout California, representing over 7 million residents, continuously adapting compliance to fit a variety of real‐world conditions. Our rang e of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, and engagement in the regulatory process.
3. We identify the individual needs of our clients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parti es, to set measurable, achievable goals.
Managing Tomorrow’s Resources Today
Mr. Allan Rigg
April 13, 2022