AGREEMENT
THIS cooperative AGREEMENT, made and entered into by and between the CITY OF GARDENA, (hereinafter referred to as CITY), and the COUNTY OF LOS ANGELES, (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, CITY and COUNTY desire to continue Paratransit Services pursuant to the current contract terms and provisions of the AGREEMENT on a month-to-month basis; and
WHEREAS, CITY and COUNTY agree that it is in the public 's interest to continue providing paratransit service to the eligible elderly sixty (60) years and older and persons with disabilities in the unincorporated COUNTY communities of Alondra Park , Del Aire, and Hawthorne Island, and CITY as defined in this AGREEMENT and Exhibit A (hereinafter referred to as SERVICE); and
WHEREAS, COUNTY is willing to finance COUNTY 'S jurisdictional share of the cost of SERVICE for the term of this AGREEMENT using COUNTY'S Proposition A Local Return transit funds; and
WHEREAS, because of CITY/COUNTY joint program set forth h erein, CITY shall apply for and the Los Angeles County Metropolitan Transportation Authority (hereinafter re ferred to as LACMTA) , may grant a Proposition A Discretionary Incentive Fund grant through its subregional paratransit grant program, (hereinafter referred to as GRANT).
NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows:
FIRST: CITY agrees to provide SERVICE as described in AGREEMENT and Exhibit A.
SECOND: This AGREEMENT, together with Exhibit A, Scope of SERVICE; Exhibit B, General Requirements; Exhibit C . SERVICE Requirements; Exhibit D, SERVICE Area Map; Exhibit E, Internal Revenue Service Notice 1015 ; Exhibit F, Evidence of Insurance Programs ; Exhibit G , Jury Service Ordinance; Exhibit H, Employee Jury Service Form; and Exhibit I, Safely Surrendered Baby Law Program; and Exhibit J, COVID – 19 Vaccination Certification of Compliance; all attached hereto, constitute the entire AGREEMENT.
THIRD: The term of SERVICE under this AGREEMENT shall be for the period of July 1, 2022, through June 30, 2024.
FOURTH: COUNTY'S maximum obligation under this AGREEMENT is One Hundred Seventy Thousand and 00/100 Dollars ($1 70,000.00) with a maximum
obligation for each fiscal year of Eighty-Five Thousand and 00/100 Dollars ($ 85,000.00) or such greater amount as the BOARD may approve. COUNTY'S obligation under this AGREEMENT is subject to availability of funds in each fiscal year's budget.
FIFTH: This AGREEMENT constitutes the entire AGREEMENT between the COUNTY and the CITY with respect to the subject matter of this AGREEME NT and supersedes all prior and contemporaneous agreements and understandings. 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 e -mail electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed AGREEMENT.
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 AGREEMENT and electronic signatures, facsimile signatures 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 AGREEMENT had been delivered and had been signed using a handwritten signature. CITY and COUNTY (i) agree tha t 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 the 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 will reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this AGRE EMENT 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, e -mail 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.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by CITY OF GARDENA on September 27, 2022, and by the DIRECTOR OF PUBLIC WORKS on ________________, pursuant to authority delegated by the COUNTY OF LOS ANGELES Board of Supervisors on , Item ___.
COUNTY OF LOS ANGELES
By _____________________________
Director of Public Works
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By ____________________________
Deputy
City of Gardena
By ____________________________
Mayor
ATTEST:
By ____________________________
City Clerk
APPROVED AS TO FORM:
By ____________________________
City Attorney
P:\TPPPUB\TRANSIT\(PARATRANSIT)\ALONDRA PARK\FY 23\Alondra Agreement 2023
EXHIBIT A – SCOPE OF SERVICE
1. SERVICE
CITY shall provide eligible riders with paratransit service. CITY or its contractor(s) shall furnish SERVICE at such times and places as may be requested according to Exhibit C, SERVICE Requirements, and Exhibit D, SERVICE Area Map. CITY shall administer, monitor, and evaluate SERVICE.
COUNTY is committed to ensuring that no patron is excluded from participation in, or denied the benefits of, its services on the basis of race, color or national origin as protected by law, including Title VI of the Civil Rights Act of 1964, as amended.
The CITY hereby asserts its commitment and assures it will comply.
2. Term of SERVICE
The term of SERVICE under this AGREEMENT shall be for the per iod of July 1, 2022, through June 30, 2024.
3. Routing and Scheduling
CITY and COUNTY have cooperatively established SERVICE requirements and SERVICE area within CITY 'S available transportation capacity as described in Exhibits C and D. If it is determined that SERVICE may be improved by revisions to scheduling, vehicle assignment, fleet size, or area served, the COUNTY'S Director of Public Works (hereinafter referred to as DIRECTOR) or his designee, and CITY shall plan and institute such ch anges jointly upon mutual consent and documented by correspondence between the parties.
4. Fares
All fares shall be retained by CITY to partially fund total SERVICE operating costs.
COUNTY may request and CITY shall accept passes or vouchers issued by COUNTY in lieu of the cash fares specified herein. If it is determined that SERVICE may be improved by revisions to fares, COUNTY and CITY may plan and institute such changes jointly upon mutual written consent within the terms of this AGREEMENT after holding any public hearing(s) required by law.
5. Payment for SERVICE
A. Paratransit Service Cost
COUNTY agrees to pay, upon receipt of invoice and documentation thereof from CITY, the actual per -ride cost of each ride provided to the unincorporated COUNTY community residents, less all cash fares collected
up to the maximum obligation amount in accordance with fiscal year set forth in the following Subsection B . below, subject to COUNTY 'S right to audit in Section 11 of this AGREEMENT. The per -ride cost shall be calculated monthly based on CITY 'S actual overall SERVICE operating costs divided by total monthly one -way ride rship. Overall SERVICE operating costs shall consist of the cost of marketing the program; providing, operating, and maintaining vehicles, drivers, dispatchers, and other necessary personnel; insurance; and direct administrative overhead costs based on CITY records.
B. Maximum Obligation
COUNTY'S, maximum obligation under this AGREEMENT for
Fiscal Years 2022-23 through 2023-24 is One Hundred Seventy Thousand and 00/100 Dollars ($ 170,000.00) or such greater amount as the BOARD may approve. The budget for each fiscal year is Eighty-Five Thousand and 00/100 Dollars ($ 85,000.00) or such greater amount as the BOARD may approve. COUNTY'S obligation under this AGREEMENT is subject to availability of funds in each fiscal year's budget.
C. Proposition A Discretionary Fund GRANT
CITY shall apply to LACMTA for a Proposition A Discretionary Fund Grant in the maximum amount possible. Should CITY receive the grant, CITY shall apply funds to improve SERVICE or to coordinate transportation SERVICES. CITY shall provide COUNTY with its short -range transit plan, which will suffice as documentation via the budget of the plan that funds are applied to SERVICE.
D. Invoices for SERVICE
CITY shall submit invoices for payment along with the monthly service report and documentation in the form and number required by COUNTY within thirty ( 30) calendar days of the end of each month. Subject to acceptance and approval of invoice by COUNTY, payment will normally be made within thirty (30) calendar days of approval.
The COUNTY has, at its sole discretion, determined the most efficient and secure default form of payment for any amounts due for services provided under an AGREEMENT with the COUNTY. CITY further agree that the default form of payment shall be electronic funds transfer or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor-Controller.
At the request of the Auditor-Controller and/or Public Works, the CITY shall provide the Auditor-Controller with electronic banking and related information for the Contractor and/or any other payee that the Contractor designates to receive payment pursuant to this AGREEMENT. Such electronic banking and related information include, but is not limited to, bank account number and routing number, legal business name, valid taxpayer identification number, a working e -mail address capable of receiving remittance advices and other payment related correspondence, and any other information that the Auditor-Controller determines is reasonably necessary to process the payment and comply with all accounting, recordkeeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than electronic funds transfer or direct deposit shall supersede this requirement with respect to those payments.
At any time during the duration of the AGREEMENT, CITY may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and explain why the payment method designated by the Auditor-Controller is not feasible and an alternative is necessary. The Auditor-Controller, in consultation with Public Works, shall decide whether to approve exemption requests.
6. Marketing
CITY shall work with COUNTY in promoting SERVICE to eligible unincorporated COUNTY community residents. Marketing may use any media subject to review by DIRECTOR. All promotional material specifically disseminated to the unincorporated COUNTY community residents shall include the following: This service is financed through funds provided by the COUNTY.
7. Safety Program
CITY or its Contractor(s) shall provide regularly scheduled and ongoing formal safety instructions for all operating personnel assigned to perform any activities under this AGREEMENT. Such personnel shall be required to attend regularly scheduled safety meetings at least twice a year or as required by existing regulations.
8. Personnel and Operations
Compensation of all personnel assigned to perform SERVICE under this AGREEMENT shall be in accordance with all applicable Federal, State, and local ordinances and laws, including but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99 -603). Such personnel shall treat passengers in a
courteous manner, be clean and neatly dressed, and be trained in the handling of the elderly and persons with disabilities.
All personnel who are likely to be in contact with the public shall be trained to give accurate information concerning the operations of SERVICE. Upon notice from DIRECTOR concerning unacceptable conduct, demeanor, or appearance of such persons employed by CITY or CITY 'S contractor(s), CITY shall take step s necessary to alleviate the cause of concern to DIRECTOR and shall advise DIRECTOR of the steps taken.
COUNTY shall have the right to have authorized COUNTY personnel board any SERVICE vehicle for the purpose of monitoring SERVICE or inspecting vehicle .
CITY shall have the right to request DIRECTOR to advise CITY prior to such action. CITY shall work cooperatively with COUNTY to correct, on a timely basis, any deficiencies or institute improvements noted by COUNTY personnel or inspectors.
CITY and/or its contractor(s) shall have the right to refuse SERVICE to any or all passengers, if passenger activity will in any way impair the safe operation of any vehicle operating under SERVICE.
9. Equipment Requirements
CITY shall supply or require its Contractor(s) to supply sufficient and adequate vehicles, all maintained in good and clean condition, including air conditioning, lift equipment, spare vehicles, in the event of regularly assigned vehicle breakdown, and a two -way communication dispatch sys tem to ensure the consistent fulfillment with the terms of this AGREEMENT. The cost of spare vehicles shall be included in CITY'S actual overall SERVICE operating costs. CITY shall require that its Contractors' equipment and facilities shall meet all req uirements of applicable Federal, State, and local ordinances and laws, including but not limited to, the Americans with Disabilities Act of 1990. Furthermore, if SERVICE is provided by CITY Contractor(s), CITY shall actively monitor its Contractors' compliance with the above -mentioned equipment requirements and shall at all times during the term of this AGREEMENT ensure that such requirements are satisfied.
10. Recordkeeping and Reporting
CITY will provide access to daily ridership logs (i.e., driver and dispatcher logs), or other operational records for SERVICE deemed necessary by DIRECTOR and shall provide copies thereof upon specific request by DIRECTOR. CITY shall report quarterly unincorporated COUNTY area ridership to DIRECTOR. CITY shall keep re cords of all operating costs of SERVICE in accordance with strict accounting procedures. All accidents, defined by law as reportable accidents, involving SERVICE equipment or personnel while operating with COUNTY passengers shall be immediately reported t o DIRECTOR. CITY shall maintain such operating and fiscal records as necessary to comply with LACMTA Proposition A requirements and procedures and shall maintain all records on file for a minimum of five (5) years following the term of this AGREEMENT. CITY shall be responsible for collection of National Transit Database (NTD) data on behalf of COUNTY. CITY shall prepare and submit quarterly and annual NTD reports, including the unincorporated COUNTY areas served, in accordance with the Federal Transit Administration NTD guidelines to LACMTA with a copy forwarded to DIRECTOR upon request.
11. Audit and Reimbursement
If, at any time during the term of this AGREEMENT or at any time after the expiration or termination of this AGREEMENT, authorized represe ntatives of COUNTY conduct an audit of CITY, or CITY'S Contractor(s) regarding the SERVICES provided to COUNTY per terms of this AGREEMENT and if such audit finds that COUNTY'S dollar liability for such services is less than payments made by COUNTY to CITY, then CITY agrees that the difference shall be either: 1) repaid forthwith by CITY to COUNTY by cash payment, or 2) at Director's option, credited against any future payments hereunder to CITY. If such audit finds that COUNTY'S dollar liability for SERVI CES provided hereunder is more than payments made by COUNTY to CITY, then the difference shall be paid to CITY by COUNTY through cash payment provided that in no event shall COUNTY'S maximum obligation, as set forth in this AGREEMENT, be exceeded. //
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EXHIBIT B – GENERAL REQUIREMENTS
1. Interpretation of AGREEMENT
A. Ambiguities or Discrepancies
Both parties have either consulted or had the opportunity to consult with legal counsel regarding the terms of this AGREEMENT and are fully cognizant of all terms and conditions herein. Should there be any uncertainty, ambiguity, or discrepancy in the terms or provisions hereof, or should any misunderstanding arise as to the interpretation to be placed upon any position hereof or the applicability of the provisions hereunder, neither party shall be deemed as the drafter of this AGREEMEN T and the uncertainty, ambiguity, or discrepancy shall not be construed against either party.
B. Definitions
Whenever in the AGREEMENT the following terms are used, the intent and meaning shall be interpreted as follows:
AGREEMENT The written AGREEMENT covering the performance of the SERVICE and the furnishing of labor, materials, supervision, and equipment in the performance of the SERVICE.
BOARD The County of Los Angeles Board of Supervisors.
CITY The City of Gardena.
CONTRACTOR The person or persons, sole proprietor, partnership, joint venture, corporation or other entity that has entered into an agreement or contract with the CITY to perform or execute the SERVICE covered herein.
COUNTY County of Los Angeles and/or Los Angeles County Public Works.
Chief Executive Officer Chief Executive Officer for the County of Los Angeles appointed by the BOARD.
Day Calendar day(s) unless otherwise specified.
DIRECTOR The Director of Public Works of the County of Los Angeles or his designee.
Fiscal Year The 12 -month period beginning July 1st and ending the following June 30th.
Public Works Los Angeles County Public Works.
SERVICE The entire contemplated SERVICE work scope prescribed in the Scope of Service and covered by this AGREEMENT.
Specifications The directions, provisions, and requirements contained herein, as supplemented by such special provisions as may be necessary pertaining to method, manner, and place of performing the work under this AGREEMENT.
Subcontract An agreement by contractor to employ a subcontractor at any tier; to employ or agree to employ a subcontractor at any tier.
Subcontractor Any individual, person or persons, sole proprietor, firm, partnership, joint venture, company, corporation, or other legal entity furnishing supplies, services of any nature, equipment, and/or materials to the Cont ractor in furtherance of the Contractor 's performance of this agreement, at any tier, under oral or written agreement.
C. Headings
The headings herein contained are for convenience and reference only and are not intended to define or limit the scope of any provision thereof.
2. Standard Terms and Conditions Pertaining to AGREEMENT Administration A. Amendments
1. For any change that affects the scope of service, AGREEMENT sum, payments, or any term or condition included in this AGREEMENT, an amendment shall be prepared and executed by CITY and BOARD or if delegated by BOARD, the DIRECTOR, and CITY.
2. BOARD or Chief Executive Officer o r designee may require the addition and/or change of certain terms and conditions in this AGREEMENT during the term of this AGREEMENT. COUNTY
reserves the right to add and/or change such provisions as required by BOARD or the Chief Executive Officer. To implement such changes, an amendment to this AGREEMENT shall be prepared by Public Works and executed by CITY and BOARD or if delegated by BOARD, the DIRECTOR.
3. COUNTY may, at its sole discretion, authorize extensions of time to this AGREEMENT'S term. CITY agrees that such extensions of time shall not change any other term or condition of this AGREEMENT during the period of such extensions. To implement an extension of
time, an amendment to this AGREEMENT shall be prepared and executed by CITY and BOARD or if delegated by BOARD, the DIRECTOR. To the extent that extensions of time for CITY performance do not impact either scope as set forth in Exhibit A attached hereto or cost of this AGREEMENT, DIRECTOR may, at his sole discretion, grant CITY extensions of time provided; however, the aggregate of all such extensions during the life of this AGREEMENT shall not exceed sixty (60) days.
B. Budget Reduction
In the event that the BOARD adopts, in any fiscal year, a COUNTY budget, which provides for reduction in the salaries and benefits paid to the majority of COUNTY employees or imposes similar reductions with respect to COUNTY contracts, COUNTY reserves the right to reduce its payment obligation under this AGREEMENT correspondingly for that fiscal year and any subsequent fiscal year during the term of this AGREEMENT (including any extensions) and the services to be provided by CITY under this AGREEMENT shall also be reduced correspondingly. COUNTY'S notice to CITY regarding said reduction in payment obligation shall be provided within thirty (30) calendar days of the BOARD'S approval of such actions. Except as set forth in the preceding sentences, CITY shall continue to provide all of the services set forth in this AGREEMENT.
C. Compliance with Applicable Laws
1. CITY, or its Contractor, shall comply with all applicable Federal, State, local laws, rules, regulations, ordinances, or directives, and all provisions required thereby to be included in this AGREEMENT are hereby incorporated by reference. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. To the maximum extent permitted by applicable law, CITY and COUNTY agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes concerning this AGREEMENT and further agree and consent that venue of any action brought in connection with or arising out of this AGREEMENT, shall be exclusively in the COUNTY of Los Angeles.
2. CITY, or its Contractor, shall defend, indemnify and hold COUNTY harmless from and against any and all liability, damages, costs, expenses including, but not limited to, defense costs and attorney 's fees arising from, or related to , any alleged violation on the part of CITY or its employees, agents, or Contractors of any such laws, rules, regulations, ordinances, or directives.
3. CITY, or its Contractor, will at its sole cost and expense, register and license such buses, bus equipment, and drivers as may be necessary or required to operate said buses and bus equipment on public roads and streets.
D. Compliance with Civil Rights Laws
CITY hereby assures that it will comply with Su bchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000 (e)(1) through 2000 (e)(17), to the end that no person shall, on the grounds of race, creed, color, sex, religion, ancestry, age, condition of physical disability, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this AGREEMENT or under any project, program, or activity supported by this AGREEMENT. CITY shall comply wit h its Equal Employment Opportunity Certification.
E. CITY'S Warranty of Adherence to COUNTY 'S Child Support Compliance Program
1. CITY acknowledges that COUNTY has established a goal of ensuring that all individuals who benefit financially from COUNTY through contracts are in compliance with their court -ordered child, family, and spousal support obligations in order to mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers.
2. As required by COUNTY 'S Child Support Complian ce Program (Los Angeles County Code Chapter 2.200), and without limiting CITY’S duty under this AGREEMENT to comply with all applicable provisions of law, CITY warrants that it is now in compliance and shall during the term of this AGREEMENT maintain and shall require its contractor to maintain compliance with the employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and the California Unemployment Insurance Code Section 1088.5, and sh all implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family, or Spousal Support, pursuant to Code o f Civil Procedure Section 706.031 and Family Code Section 5246(b).
F. Employment Eligibility Verification
1. CITY warrants that it fully complies with all Federal and State statutes and regulations of all its employees performing work under this AGREEMENT. CITY shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by Federal
and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603), or as they currently exist and as they may be hereafter amended. CITY shall retain all such documentation for all covered employees for the period prescribed by law.
2. CITY shall, defend, and hold harml ess the COUNTY, its Special Districts, Elected Officials, Officers, Agents, Employees, and Volunteers from employer sanctions and any other liability that may be assessed against Contractor or COUNTY or both in connection with any alleged violation of Fede ral or State statutes or regulations pertaining to the eligibility for employment of persons performing services under this AGREEMENT.
G. No Payment for Services Provided Following Expiration/Suspension/ Termination of AGREEMENT
CITY shall have no claim against COUNTY for payment of any money or reimbursement, of any kind whatsoever, for any service provided by CITY after the expiration, suspension, or termination of this AGREEMENT.
Should CITY receive any such payment, it shall i mmediately notify COUNTY and shall immediately repay all such funds to COUNTY. Payment by COUNTY for services rendered after expiration/suspension/termination of this AGREEMENT shall not constitute a waiver of COUNTY 'S right to recover such payment from C ITY. This provision shall survive the expiration/suspension/termination of this AGREEMENT.
H. Notice to Employees Regarding the Federal Earned Income Credit CITY shall notify its employees, and shall require each Contractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 (Exhibit E).
I. Record Retention
CITY will retain all records relating to this AGREEMENT for a minimum period of five (5) years following expiration or termination hereof. All such records shall be available for inspection by designated auditors of COUNTY at reasonable times during normal working hours. Records shall be in accordance with the State Uniform System of Accounting.
J. Recycled-Content Paper Products
Consistent with BOARD policy to reduce the amount of solid waste deposited at COUNTY landfills, CITY agrees to use recycled content paper to the maximum extent possible for this SERVICE.
K. Warranty Against Contingent Fees
1. CITY warrants that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide established commercial or selling agencies maintained by CITY for the purpose of securing business.
2. For breach or violation of this warranty, COUNTY shall have the right, in its sole discretion, to terminate this AGREEMENT for default, deduct from this AGREEMENT price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
3. Termination
A. Termination/Suspension of AGREEMENT
Each party reserves the right to suspend or terminate any or all portions of SERVICE in this AGREEMENT for any reason , without further obligation to the other party except as provided in this AGREEMENT, upon giving thirty (30) calendar day's written notice to the other party.
B. Termination/Suspension for Improper Consideration
1. DIRECTOR may, by written notice to CITY, immediately suspend or terminate the right of CITY to proceed under this AGREEMENT if it is found that consideration, in any form, was offered or given by CITY, either directly or through an intermediary, to any COUNTY officer, employee, or agent with the intent of securing this AGREEMENT or securing favorable treatment with respect to the award, amendment or extension of this AGREEMENT, or the making of any determinations with respect to CITY'S performance pursuant to this AGREEMENT. In the event of such suspension or
termination, COUNTY shall be entitled to pursue the same remedies against CITY as it could pursue in the event of default by CITY.
2. CITY shall immediately report any attempt by a COUNTY officer or employee to solicit such improper consideration. The report shall be made either to COUNTY manager charged with the supervision
of the employee or to COUNTY Auditor-Controller's Employee Fraud Hotline at 1 (800) 544-6861. Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts.
C. Termination/Suspension for Nonappropriation of Funds Notwithstanding any other provision of this AGREEMENT, COUNTY shall not be obligated for CITY'S performance hereunder or by any provision of this AGREEMENT during any of COUNTY 'S fiscal years following the fiscal year in which the AGREEMENT is executed , unless and until BOARD appropriates funds for this AGREEMENT in COUNTY 'S budget for each such future fiscal year. In the event that funds are not appropriated for this AGREEMENT, then this AGREEMENT may be suspended or terminated as of June 30th of the l ast fiscal year for which funds were appropriated.
COUNTY will notify CITY in writing of any such nonallocation of funds at the earliest possible date.
4. Indemnification and Insurance Requirements
Insurance requirements stated below apply to all CITY cont ractor(s) as well as CITY, provided, however, that DIRECTOR will accept evidence from CITY of self-insurance program that meets the requirements stated below.
A. In addition to all other indemnities in favor of COUNTY in this AGREEMENT, CITY shall indemnify, defend, and hold harmless COUNTY, BOARD, its officers, agents, employees, and its special districts, (hereafter collectively referred to as COUNTY indemnitees) from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever including, but not limited to, bodily injury, death, or property damage arising from or connected with any alleged act or omission of CITY, or its c ontractor(s) in connection with the SERVICE, including but not limited to, maintenance of equipment or operation of SERVICE, including any workers' compensation suits, liability, or expense and excepting any such loss or damage arising from the sole negligence or willful misconduct of COUNTY indemnitees. CITY expressly waives application of Government Code Section 895.2, which provides for joint and several liabilities of public entities entering into agreements absent inclusion of an indemnity provision to the contrary. The provisions of Section 2778 of the California Civil Code are made a part hereof.
In addition, without limiting the CITY 'S foregoing indemnity in favor of COUNTY indemnitees, if CITY provides SERVICE through a contractor, CITY shall use its best effort to include in its contract with any contractor(s)
providing SERVICE under this AGREEMENT a provision with the above terms w hereby the contractor(s) agree(s) to indemnify, defend, and hold harmless COUNTY indemnitees, as third -party beneficiaries, on the same basis the CITY indemnifies, defends, and holds harmless the COUNTY indemnitees under this AGREEMENT.
B. Without limiting CITY'S and CITY contractor's indemnification of COUNTY, during the term of this AGREEMENT, CITY shall provide and maintain, or if CITY'S contractor provides SERVICE, CITY shall ensure that its contractor(s) provide and maintain, the program(s) of insurance covering its operations hereunder as specified in Section 4.E.
Such program(s) and evidence of insurance shall be satisfactory to DIRECTOR and primary to and not contributing with any other insurance maintained by or for COUNTY. Certificate(s) or other evidence of coverage shall be delivered to DIRECTOR prior to commencing SERVICE under this AGREEMENT and shall contain the express condition that COUNTY is to be given written notice by registered mail at least thirty (30) calendar days in advance of any modification or termination of insurance. Evidence of insurance program(s) shall be as specified in Exhibit F.
C. The parties agree Assumption of Liability Agreement 33585 approved by the BOARD on December 27, 1977, and/or a Joint Indemnity Agreement approved by the BOARD on October 8, 1991, shall not apply in relation to the SERVICE.
D. The CITY 'S obligation to indemnify, defend , and hold harmless in this AGREEMENT in favor of COUNTY indemnitees shall survive the termination or expiration of this AGREEMENT.
E. CITY, or its contractor(s), shall maintain the following insurance coverage:
1. Commercial General Liability insurance (providing scope of coverage equivalent to Insurance Services Office, Inc., policy Form CG 00 01), naming the County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, Employees and Volunteers as an additional insured, with limits of not less than:
General Aggregate: $4 million
Products/Completed Operations Aggregate: $4 million
Personal and Advertising Injury: $4 million
Each Occurrence: $4 million
2. Automobile Liability written on Insurance Services Office, Inc., policy Form CA 00 01 or its equivalent. Such insurance shall include coverage for all owned, nonowned, and hired vehicles, or coverage
for any auto, in an amount as recommended by the Public Utilities Commission, but not less than the following can be m et by a combination of primary and excess insurance coverage:
a. Seating capacity of 16 passengers or more (including driver), Ten Million and 00/100 Dollars ($10,000,000.00).
b. Seating capacity of 15 passengers or less (including driver), Five Million and 00/100 Dollars ($5,000,000.00).
c. Taxicabs, as defined by Vehicle Code Section 27908, a minimum of One Hundred Thousand and 00/100 Dollars
($100,000.00) per person, One Million and 00/100 Dollars ($1,000,000.00) per occurrence, and Fifty Thou sand and 00/100 Dollars ($50,000.00) property damage, or a combined single limit of One Million and 00/100 Dollars ($1,000,000.00).
A certificate evidencing such insurance coverage and required endorsements additional insured endorsements thereunder shall be filed with DIRECTOR prior to CITY providing SERVICE hereunder.
3. Workers' Compensation
A program of workers ' compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California including employer 's liability with a One Million and 00/100 Dollars ($1,000,000.00) limit, covering all persons CITY is legall y required to cover. A certificate evidencing such insurance coverage shall be filed with DIRECTOR prior to CITY providing SERVICE hereunder.
4. Sexual Misconduct Liability
Insurance covering actual or alleged claims for sexual misconduct and/or molestation with limits of not less than Two Million and 00/100 Dollars ($2,000,000.00) per claim and Two Million and 00/100 Dollars ($2,000,000.00) aggregate, and claims for negligen t employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse; molestation; harassment; mistreatment or maltreatment of a sexual nature.
5. Failure to Procure Insurance
Failure on the part of CITY or CITY 'S contractor(s) to procure or maintain required insurance shall constitute a material breach of this
AGREEMENT upon which COUNTY may, at its sole and absolute discretion, immediately terminate this AGREEMENT.
5. Compliance with COUNTY'S Jury Service Program
A. Jury Service Program
This AGREEMENT is subject to the provisions of COUNTY 'S ordinance entitled Contractor Employee Jury Service (Jury Service Program) as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code. Exhibits G and H include the Jury Service Ordinance and Jury Service Form. The City shall complete an d sign Exhibit H (Jury Service form).
B. Written Employee Jury Service Policy
1. CITY is a contractor subject to compliance with the COUNTY'S Jury Service Program unless CITY has demonstrated to COUNTY 'S satisfaction either that CITY is not a contractor as defined in Jury Service Program (Section 2.203.020 of Los Angeles County Code) or that CITY qualifies for an exception to the Jury S ervice Program under (Section 2.203.070 of Los Angeles County Code). CITY shall have and adhere to a written policy that provides that its employees shall receive from CITY, on an annual basis, no less than five (5) days of regular pay for actual jury ser vice. The policy may provide that employees deposit any fees received for such jury service with CITY or that CITY deduct from the employee's regular pay the fees received for jury service. If CITY uses any contractor to perform services for COUNTY under this AGREEMENT, contractor shall also be subject to the provisions of the Jury Service Program. The requirements of this Section shall be inserted into any contract agreement between CITY and any contractors that provide SERVICE; and a copy of the Jury Service Program shall be attached to the agreement requiring the such contractor(s) to co mplete Exhibit H (Jury Service Form) and comply with the requirements of this Section.
2. For purposes of the COUNTY 'S Jury Serv ice Program, contractor means a person, partnership, corporation, or other entity that has a contract with COUNTY or a subcontract with a COUNTY contractor and has received or will receive an aggregate sum of Fifty Thousand 00/100 Dollars ($50,000.00) or more in any 12-month period under one or more COUNTY contracts or
subcontracts. Employee means any California resident who is a full-time employee of contractor. Full-time means 40 hours or more worked per week, or a lesser number of hours if 1) the lesser number
is a recognized industry standard as determined by COUNTY or 2) Contractor has a long -standing practice that defines the lesser number of hours as full -time. Full-time employees providing short-term temporary services of ninety (90) days or less within a 12-month period is not considered full-time for purposes of the Jury Service Program.
3. If CITY is not required to comply with the Jury Service Program when this AGREEMENT commences, CITY shall have a continuing
obligation to review the applicability of the COUNTY 'S Jury Service Program for the SERVICE, and CITY shall immediately notify COUNTY if CITY at any time either comes within the Jury S ervice Program's definition of contractor or if CITY no longer qualifies for an exception to the Jury Service Program. In either event, CITY shall immediately implement a written policy consistent with the COUNTY'S Jury Service Program. COUNTY may also require, at any time during this AGREEMENT, and at its sole discretion, that CITY demonstrate to COUNTY'S satisfaction that CITY either is not a contractor as defined by Section 2.203.020 and/or that CITY continues to qualify for an exception to the Jury Service Program.
4. CITY'S violation of this section may constitute a material breach of AGREEMENT. In the event of such material breach, COUNTY may, in its sole discretion, terminate or suspend the AGREEMENT as provided in Exhibit B, Section 3.A., Termination/Suspension of AGREEMENT.
6. Safely Surrendered Baby Law Program
A. CITY'S Acknowledgment of COUNTY 'S Commitment to the Safely Surrendered Baby Law
CITY acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law. CITY understands that it is COUNTY 'S policy to encourage all COUNTY Contractors to voluntarily post COUNTY 'S Safely Surrendered Baby Law poster in a prominent position at the Contractor's place of business. CITY will also encourage its Contractors, if any, to post this poster in a prominent position in the Contractor's place of business. The CITY and its Contractors can access posters and other campaign material can be found at www.babysafela.org.
B. Notice to Employees Regarding the Safely Surrendered Baby Law CITY shall notify and provide to its employees and shall require each Contractor to notify and provide to its employees, information regarding the Safely Surrendered Baby Law, its implementation in COUNTY, and where and how to safely surrender a baby. Additional information is available in Exhibit I of this AGREEMENT and at www.babysafela.org.
7. Time Off for Voting
The CITY shall notify its employees and shall require each Contractor to notify and provide to its employees, information regarding the time off for voting law (Elections Code, Section 14000 ). Not less than ten (10) days before every Statewide election, every CITY and its C ontractor, shall keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provision of Section 14000.
8. Compliance with COUNTY'S Zero Tolerance Policy on Human Trafficking CITY acknowledges that the COUNTY has established a Zero Tolerance Policy on Human Trafficking prohibiting contractors from engaging in human trafficking.
If a CITY or member of CITY'S staff is convicted of a human trafficking offense, the COUNTY shall requir e that the CITY or member of CITY'S staff be removed immediately from performing services under the AGREEMENT. COUNTY will not be under any obligation to disclose confidential information regarding the offenses other than those required by law.
Disqualification of any member of CITY'S staff pursuant to this paragraph shall not relieve CITY of its obligation to complete all work in accordance with the terms and conditions of this AGREEMENT.
9. Compliance with Fair Chance Employment Practices
CITY shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination:
Conviction History. CITY'S violation of this paragraph of the AGREEMENT may constitute a material breach of the AG REEMENT. In the event of such material breach, COUNTY may, in its sole discretion, terminate the AGREEMENT.
10. Compliance with the COUNTY Policy of Equity
The CITY acknowledges that the COUNTY takes its commitment to preserving the dignity and professi onalism of the workplace very seriously, as set forth in the COUNTY Policy of Equity (CPOE) (https://ceop.lacounty.gov/). The CITY further
acknowledges that the COUNTY strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The CITY, its employees and Subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the CITY, its employees or its Subcontractors to uphold the COUNTYS expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the CITY to termination of contractual agreements as well as civil liability.
11. COVID-19 Vaccinations of Personnel providing SERVICE to Public A. CITY shall verify that all personnel who are likely to be in contact with the public under this Agreement , including personnel providing SERVICE on behalf of the CITY through subcontracts (SERVICE Personnel) are in compliance with Chapter 2.212 (COVID -19 Vaccinations of COUNTY Contractor Personnel) of COUNTY Code Title 2 - Administration, Division
4. All SERVICE Personnel must be fully vac cinated against the novel coronavirus 2019 (COVID -19) prior to (1) interacting in person with COUNTY employees, interns, volunteers, and commissioners (COUNTY workforce members), (2) working on COUNTY owned or controlled property while performing SERVICES under this AGREEMENT, and/or (3) coming into contact with the public while performing SERVICES under this AGREEMENT.
B. SERVICE Personnel are considered fully vaccinated against COVID-19 two (2) weeks or more after they have received (1) the second do se in a 2-dose COVID-19 vaccine series (e.g., Pfizer-BioNTech or Moderna), (2) a single-dose COVID-19 vaccine (e.g., Johnson and Johnson [J&J]/Janssen), or (3) the final dose of any COVID -19 vaccine authorized by the World Health Organization (WHO).
C. Prior to assigning SERVICE Personnel to perform In-Person Services, CITY shall obtain proof that such Personnel have been fully vaccinated by confirming SERVICE Personnel is vaccinated through any of the following documentation: (1) official COVID-19 Vaccination Record Card (issued by the Department of Health and Human Services, CDC or WHO Yellow Card), which includes the name of the person vaccinated, type of vaccine provided, and date of the last dose administered (Vaccination Record Card); (2) copy (including a photographic copy) of a Vaccination Record Card; (3) Documentation of vaccination from a licensed medical provider; (4) a digital record that includes a quick response (QR) code that when scanned by a SMART HealthCard reader displays to the reader client name, date of birth,
vaccine dates, and vaccine type, and the QR code confirms the vaccine record as an official record of the State of California; or (5) documentation of vaccination from an entity who follow s the CDPH vaccination records guidelines and standards. CITY shall also provide written notice to COUNTY before the start of work under this AGREEMENT that its SERVICE Personnel are in compliance with the requirements of this section. CITY shall retain such proof of vaccination for the documen t retention period set forth in this AGREEMENT, and must provide such records to the COUNTY for audit purposes, when required by COUNTY.
D. PCITY shall evaluate any medical or sincerely held religious exemption request of its SERVICE Personnel, as required by law. If CITY has determined that SERVICE Personnel is exempt pursuant to a medical or sincerely held religious reason, the CITY must also maintain records of the SERVICE Personnel’s testing results. The CITY must provide such records to the COUNTY for audit purposes, when required by COUNTY. The unvaccinated exempt SERVICE Personnel must meet the following requirements prior to (1) interactin g in person with COUNTY workforce members, (2) working on COUNTY owned or controlled property while performing services under this AGREEMENT, and/or (3) coming into contact with the public while performing SERVICES:
1. Test for COVID-19 with either a polymerase chain reaction (PCR) or antigen test has an Emergency Use Authorization (EUA) by the FDA or is operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services. Testing must occur at least weekly, or more frequently as required by COUNTY or other applicable law, regulation or order.
2. Wear a mask that is consistent with CDC recommendations at all times while on COUNTY controlled or owned property, and while engaging with members of the public and COUNTY w orkforce members.
3. Engage in proper physical distancing, as determined by the applicable COUNTY requirements.
E. In addition to complying with the requirements of this section, CITY shall also comply with all other applicable local, departmental, State, and Federal laws, regulations, and requirements for COVID -19. A completed Exhibit J (COVID-19 Vaccination Certification of Compliance) is a required part of any agreement with the COUNTY.
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EXHIBIT C – SERVICE REQUIREMENTS
Eligibility Requirements: SERVICE shall be restricted to the elderly sixty (60) years and older and persons with disabilities and their escorts. Eligible disabled persons are persons who because of physical or mental disabilities ca nnot reasonably use conventional transportation. CITY shall determine the eligibility of patrons and CITY shall maintain appropriate records (i.e., Application for Eligibility, List of Eligible Riders, etc.) and take any actions necessary to ensure that only eligible patrons use SERVICE.
Service Area: SERVICE shall be provided in CITY and the unincorporated COUNTY communities of Alondra Park, Del Aire, and Hawthorne Island as identified in Exhibit D.
CITY and DIRECTOR may approve service to additional locations.
Hours of Service:
7 a.m. to 7 p.m., Monday through Friday
9 a.m. to 4 p.m., Saturdays
8 a.m. to 2:30 p.m., Sundays and Holiday
Advance Reservation Requirements: A 24-hour advance reservation shall normally be required to schedule ride s; however, same day service will be provided subject to availability of capacity. Patrons shall be picked up no earlier than ten (10) minutes before and no later than ten (10) minutes after the requested pickup time unless emergency conditions prevail. CITY will provide backup service to patrons in emergencies when deemed necessary by CITY to satisfy needs and avoid disruption of normal SERVICE at no additional cost to COUNTY. Group rides shall be emphasized and encouraged.
Fares: CITY shall charge a fare of 75/100 Dollars ($0.75) each one-way ride for all elderly and persons with disabilities within SERVICE area. Escorts of persons with disabilities shall not be charged a fare. CITY may accept payment by Transit Access Pass (TAP) cards.
EXHIBIT D – SERVICE AREA MAP
EXHIBIT E – INTERNAL REVENUE SERVICE NOTICE 1015
Notice 1015
(Rev. December 2021)
Have You Told Your Employees About the
Earned Income Credit (EIC)?
What Is the EIC?
The EIC is a refundable tax credit for certain workers.
Which Employees Must I Notify About the
EIC?
You must notify each employee who worked for you at any time during the year and from whose wages you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W -4,
Employee's Withholding Allowance Certificate.
Note: You are encouraged to notify each employee whose
wages for 2021 are less than $57,414 that he or she may be eligible for the EIC.
How and When Must I Notify My
Employees?
You must give the employee one of the following:
● The IRS Form W-2, Wage and Tax Statement, which has
the required information about the EIC on the back of Copy B.
● A substitute Form W-2 with the same EIC information on the back of the employee's copy that is on Copy B of the IRS Form W-2.
● Notice 797, Possible Federal Tax Refund Due to the
Earned Income Credit (EIC).
● Your written statement with the same wording as
Notice 797.
If you give an employee a Form W -2 on time, no further notice is necessary if the Form W -2 has the requi red
information about the EIC on the back of the employee's copy.
If you give an employee a substitute Form W -2, but it does not have the required information, you must notify the employee within 1 week of the date the substitute Form W -2 is given. If Form W-2 is required but is not given on time, you must give the employee Notice 797 or your written statement by the date Form W-2 is required to be given. If Form W -2 is not required, you must notify the employee by February 7, 2022.
You must hand the notice directly to the employee or send it by First-Class Mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mail.
However, you may want to post the notice to help inform all employees of the EIC. You can download copies of the notice at www.irs.gov/FormPubs. Or you can go to
www.irs.gov/OrderForms to order it.
How Will My Employees Know If They
Can Claim the EIC?
The basic requirements are covered in Notice 797. For
more detailed information, the employee needs to see
Pub. 596, Earned Income Credit (EIC), or the instructions for Forms 1040 and 1040-SR.
How Do My Employees Claim the EIC?
An eligible employee claims the EIC on his or her 201 9 tax return. Even an employee who has no tax withheld from wages and owes no tax may claim the EIC and ask for a refund, but he or she must file a tax return to do so. Fo r example, if an employee has no tax withheld in 2021 and owes no tax but is eligible for a credit of $800, he or she must file a 2021 tax return to get the $800 refund.
Notice 1015 (Rev. 12-2021)
Cat. No. 20599I
Department of the Treasury
Internal Revenue Service
EXHIBIT F – EVIDENCE OF INSURANCE PROGRAMS
CITY shall submit to COUNTY evidence of satisfactory insurance programs and vehicle(s)' information as required below:
1. Certificate of insurance, which specifically identifies this AGREEMENT and which, includes but not limited to, the following:
a. Full name of the insurer.
b. Name and address of the insured and, if SERVICE is provided in whole or in part by taxicabs, the taxicabs' operators name.
c. Full name of program (example: Happy Seniors' Dial-A-Ride). d. Insurance policy number.
e. Type(s) and limit(s) of liability coverage.
f. Certificate issue date.
g. Certificate expiration date.
h. Condition that the insurer shall notify COUNTY in writing at least thirty ( 30) calendar days prior to any modification or cancellation or termination of any insurance program. Statements to the effect that the issuing company will endeavor to mail notice or intends to notify are not acceptable.
i. Signature of an agent authorized to do business with the insurer.
2. Copies of endorsements for ea ch policy or program insurance naming the COUNTY as the additional insured as follows:
The County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, Employees, and Volunteers are included as additional insured with respect to transportation services provided by the named insured.
3. The following information for each of the insured vehicle(s):
a. Vehicle make
b. Vehicle model
c. Vehicle year
d. Vehicle license number
e. Vehicle identification number
f. Vehicle seating capacity
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EXHIBIT G – JURY SERVICE ORDINANCE
An ordinance amending Title 2 -Administration of the Los Angeles County Code relating to jury service policies of contractors of the County of Los Angeles.
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Chapter 2.203 is hereby added to read as follows:
Chapter 2.203
CONTRACTOR EMPLOYEE JURY SERVICE
2.203.010 Findings. The Board of Supervisors makes the following findings. The County of Los Angeles allows its permanent, full time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not offer or are reducing or even eliminating compensation to employees who serve on juries. This creates a potential financial hardship for employees who do not receive their pay when called to jury service and those employees often seek to be excused from having to serve. Although changes in the court rules make it more difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue to be ex cused on this basis especially from longer trials. This reduces the number of potential jurors and increases the burden on those employers such as the County of Los Angeles, who pay their permanent, full -time employees while on jury duty. For these reaso ns, the County of Los Angeles has determined that it is appropriate to require that the businesses with which the County contracts possess reasonable jury service policies.
2.203.020 Definitions. The following definitions shall be applicable to this Chapter:
A. "Contractor" means a person, partnership, corporation, or other entity, which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of Fifty Thousand and 00/1000 Dollars ($50,000.00) or more in any 12-month period under one or more such contracts or subcontracts.
B. "Employee" means any California resident who is a full-time employee of a contractor under the laws of California.
C. "Contract" means any agreement to provide goods to, or perform services for, or on behalf of the County, but does not include:
1. A contract where the Board finds that special circumstances exist that justify a waiver of the requirements of this Chapter; or
2. A contract where Federal or State law or a condition of a Federal or State program mandates the use of a particular contractor; or
3. A purchase made through a State or Federal contract; or
4. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, or reseller, and must match and inter -member with existing supplies, equipment, or systems maintained by the County pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-3700 or a successor provision; or
5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, Section 4.4.0 or a successor provision; or
6. A purchase card pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-2810 or a successor provision; or
7. A nonagreement purchase with a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual , Section A-0300 or a successor provision; or
8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual , Section PP -1100, or a successor provision.
D. "Full time" means 40 hours or more worked per week, or a lesser number of hours if:
1. The lesser number is a recognized industry standard as determined by the Chief Executive Officer, or
2. The contractor has a long-standing practice that defines the lesser number of hours as full-time.
E. "County" means the County of Los Angeles or any pub lic entities for which the Board of Supervisors is the governing body.
2.203.030 Applicability. This Chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This Chapter shall also apply to contractors with existing contracts, which are extended into option years that commence after July 11, 2002. Contracts that commence after May 28, 2002, but before July 11, 2002, shall be subject to the provisions of this Chapter only if the solicitations for such contracts stat ed that the Chapter would be applicable.
2.203.040 Contractor Jury Service Policy. A contractor shall have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deducts from the employees' regular pay the fees received for jury service.
2.203.050 Other Provisions.
A. Administration. The Chief Executive Officer shall be responsible for the administration of this Chapter. The Chief Executive Officer may, with the advice of County Counsel, issue interpretations of the provisions of this Chapter and shall issue written instructions on the implementation and ongoing administration of this Chapter. Such instructions may provide for the delegation of functions to other County departments.
B. Compliance Certification. At the time of seeking a contract, a contractor shall certify to the County that it has and adheres to a policy consistent with this Chapter or will have and adhere to such a policy prior to award of the contract.
2.203.060 Enforcement and Remedies.
For a contractor's violation of any provision of this Chapter, the County department head responsible for administering the contract may do one or more of the following:
A. Recommend to the Board of Supervisors the termination of the contract; and/or
B. Pursuant to Chapter 2.202, seek the debarment of the contractor.
2.203.070 Exceptions.
A. Other Laws. This Chapter shall not be interpreted or applied to any contractor or to any employee in a manner inconsistent with the laws of the United States or California.
B. Collective Bargaining Agreements. This Chapter shall be superseded by a collective bargaining agreement that expressly so provides.
C. Small Business. This Chapter shall not be applied to any contractor that meets all of the following:
1. Has ten or fewer employees during the contract period; and
2. Has annual gross revenues in the preceding 12 -months, which if added to the annual amount of the contract awarded, are less than Five Hundred Thousand and 00/100 Dollars ($500,000.00); and
3. Is not an affiliate or subsidiary of a business dominant in its field of operation.
Dominant in its field of operation means having more than 10 employees and annual gross revenues in the preceding 12 -months, which if added to the annual amount of the contract awarded, exceed Five Hundred Thousand and 00/100 Dollars ($500,000.00).
Affiliate or subsidiary of a business dominant in its field of operation means a business which is at least twenty percent (20%) owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent of a business dominant in that field of operation.
2.203.090 Severability. If any provision of this Chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. //
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EXHIBIT H – EMPLOYEE JURY SERVICE FORM
The County's solicitation for this contract/purchase order (Request for Proposal or Invitation for Bid) is subject to the County of Los Angeles Contractor Employee Jury Service Program (Program) (Los Angeles County Code, Chapter 2.203). All bidders or proposers, whether a contractor or subcontractor, must complete this form to either 1) request an exception from the Program requirements or 2) certify compliance . Upon review of the submitted form, the County department will determine, in its sole discretion, whether the bidder or proposer is excepted from the Program.
Company Name:
Company Address:
City: State: Zip Code:
Telephone Number:
Solicitation For (Type of Goods or Services):
If you believe the Jury Service Program does not apply to your business, check the appropriate box in Part I (attach documentation to support your claim); or, complete Part II to certify compliance with the Program. Whether you complete Part I or Part II, please sign and date this form below.
Part I: Jury Service Program Is Not Applicable to My Business ❑ My business does not meet the definition of contractor, as defined in the Program as it has not received an aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or subcontracts (this exception is not available if the contract/purchase order itself will exceed $50,000). I understand that the exception will be lost and I must comply with the Program if my revenues from the County exceed an aggregate sum of $50,000 in any 12- month period.
❑ My business is a small business as defined in the Program. It 1) has 10 or fewer employees; and, 2) has annual gross revenues in the preceding 12-months, which if added to the annual amount of this contract, are $500,000 or less; and, 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below. I understand that the exemption will be lost , and I must comply with the Program if the number of employees in my business and my gross annual revenues exceed the above limits.
"Dominant in its field of operation" means having more than 10 employees, including full-time and part-time employees, and annual gross revenues in the preceding 12 -months, which if added to the annual amount of the contract awarded, exceed $500,000.
"Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least twenty percent (20%) owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. ❑ My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides that it supersedes all provisions of the Program.
OR
Part II: Certification of Compliance
❑ My business has and adheres to a written policy that provides, on an annual basis, no less than five (5) days of regular pay for actual jury service for full -time employees of the business who are also California residents, or my company will have and adhere to such a policy prior to award of the contract.
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Print Name: Title:
Signature: Date:
City of Gardena
1700 West 162nd Street
Gardena CA 90247
310-217-9500
Dana Pynn Transit Administrative Officer
8/25/2022
X
EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM
EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM
EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM
EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.N
Section: CONSENT CALENDAR
Meeting Date: September 27,
2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve City of Gardena's GTrans 2022 Title VI Program
CONTACT: TRANSPORTATION
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
The Federal Transit Administration (FTA) requires that federally funded transit agencies submit a triennial report to ensure compliance with Title VI of the Civil Rights Act of 1964. Title VI regulations were set forth to assure equal access to transit services regardless of race, ethnicity, gender, or income in programs receiving federal funding.
GTrans’ 2022 Title VI Program is due on October 1, 2022, and approval of this program by the City Council is required. Upon submittal, the FTA then reviews and concurs with the Title VI Program or requests additional information.
The FTA’s updated Title VI Circular includes both general requirements and transit-specific requirements. As a result of GTrans falling under a peak-bus threshold of 50 buses, it’s program is required to have the following elements:
Overview of GTrans and the services provided
General Title VI Reporting Requirements including procedures for handling complaints, complaint form, public engagement, language assistance plan Program Specific Requirements including setting system-wide service standards, service policies and providing any fare and service equity analyses
Therefore it is recommended that Council approve the attached GTrans’ 2022 Title VI Program.
FINANCIAL IMPACT/COST:
There is no financial impact.
ATTACHMENTS:
GTrans Title VI Program - October 2022.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena’s GTrans
Title VI Program
October 2022
Table of Contents
Overview ......................................................................................................... 1 Title VI of the Civil Rights Act of 1964
Agency Overview
Services Provided
General Reporting Requirements ............................................................... 5 Civil Rights Notice to the Public
Procedures for Reviewing a Title VI Complaint
Title VI Investigations, Complaints and Lawsuits
Public Engagement Process
Language Assistance Plan
Membership of Non -Elected Committees and Councils
Monitoring Subrecipients and Contractors
Fixed Facility Impact Analysis
Governing Body Approval of Title VI Plan
Program Specific Requirements ............................................................... 10 System-Wide Service Standards
System-Wide Service Policies
Fare and Service Equity Analyses
Appendices .................................................................................................. 14 A – Title VI Complaint Form and Procedures for Reviewing Complaint s B – Title VI Investigations, Complaints and Lawsuits
C – Public Participation Process for Fare and Service Changes D – GTrans’ Language Assistance Plan and Four-Factor Analysis E – Gardena City Council Approval of 20 22 Title VI Program F – GTrans Bus Stop Policy
Page Intentionally Left Blank
1 | P a g e
Overview
Title VI of the Civil Rights Act of 1964
The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin. Title VI of the Act states that “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination unde r any program or activity receiving federal financial assistance.”
To achieve this purpose, each federal department and agency, which provides financial assistance for any program or activity, is authorized and directed by U.S. Department of Justice (DOJ) to put into effect provisions of Title VI for each program or activity by issuing applicable rules, regulations, or requirements.
In this regard, it is the responsibility of applicants, recipients, and sub -recipients of Federal Transit Administration (FTA) assistance, to distribute transit services and related benefits in a manner consistent with Title VI. Title VI requires recipients of federal assistance to monitor and evaluate federally assisted programs for compliance. The FTA is responsible for ens uring compliance of transit agencies receiving federal assistance. FTA Circular 4702.1B describes the monitoring methodology used by recipients.
Transit providers must conduct periodic assessments to determine whether the transit service provided to minority communities and minority users is consistent with the objectives cited in this circular. The City of Gardena’s GTrans receives federal assistance for the provision of public transit services and therefore complies with the Civil Rights Act of 1964 and the provision of Title VI.
Presidential Executive Order 12898 “Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations” of February 1994 places further emphasis on Title VI protections of race and national origi n by directing federal agencies to develop strategies to address disproportionately high and adverse human health or environmental effects of their programs on minority and low-income populations.
All transit providers —whether direct recipients, primary r ecipients or subrecipients —that receive financial assistance from FTA are also responsible for following the general requirements in FTA 47021.B Chapter IV, which are scaled based on the size of the fixed route transit provider.
Requirements
Transit Providers that
Operate Fixed Route Service
Transit Providers that Operate 50 or more
fixed route vehicles in peak service and are
located in a UZA of 200,000 or more in
population
Set system-wide standards and
policies
Required Required
Collect and report data Not required Required:
• Demographic and service profile
maps and charts
• Survey data regarding customer
demographic and travel patterns
Evaluate service and fare equity
changes
Not required Required
Monitor transit service Not required Required
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Agency Overview
The City of Gardena is located in the South Bay subregion of Los Angeles County, approximately 12 miles from the downtown Central Business District (CBD) of Los Angeles. Gardena is bounded on the north and west by unincorporated areas of Los Angeles County, as well as the City of Hawthorne and on the south and east by the cities of Los Angeles and Torrance. The City of Gardena was incorporated in 1930 and is governed by a five -member City Council, one of whom is the Mayor and presiding officer.
The City Manager, appointed by the Council, administers the day -to-day business of the City.
The City’s Transportation Department (GTrans) inaugurated service in 1940 and for over 82 years has been one of three municipal transit operators serving the South Bay subregion of Los Angeles County.
GTrans provides fixed -route bus service using a fleet of 52 buses deployed over six routes. Prior to the COVID-19 pandemic, GTrans b oarded nearly three million customers annually on the system .
As shown in Exhibit 1, the GTrans service area is quite racially diverse. According to the 2020 American Community Survey , roughly 8 9 percent of GTrans’ service area residents are considered a minority. The minority population includes designations of Hispanic or Latino, African American, Asian, Indian and Alaska Natives, Pacific Islander, or other non -white races including persons of two or mor e races.
Service is deployed to the City of Gardena and throughout the adjacent communities of Torrance, Redondo Beach, Carson, Compton, City of Los Angeles, Hawthorne , Lawndale, Inglewood, and certain unincorporated areas of Los Angeles County. GTrans also serves downtown Los Angeles and interfaces at several points with Los Angeles County Metropolitan Transportation Authority's (Metro) A (Blue) and C (Green) Line light rail services, J (Silver) Line at Harbor Gateway Transit Center, and Metro bus service.
GTrans also connects with Torrance Transit, Beach Cities Transit, Lawndale Beat, the Los Angeles Department of Transportation (LADOT) , and the City of Compton’s Renaissance Transit. More than two- thirds of the GTrans service area lies outside the City of Gardena boundaries. Customers may transfer between many of these services with a special interagency transfer or the regional LA County monthly EZ Transit Pass.
GTrans also operates a demand-response transit service for its elderly and disabled residents called Gardena Special Transit. In addition to the City of Gardena residents, GTrans provides this service on a consolidated basis to the elderly and disabled residents of Hawthorne and the Los Angeles County unincorporated areas of Del Aire and Alondra Park. This service is provided in addition to that which is provided by Access Services, Inc., the Los Angeles County complementary paratransit service mandated by the Americans with Disabilities Act of 1990 (ADA).
GTrans operates out of its main Administrative, Operations , and Maintenance facility located at 13999 S.
Western Avenue in Gardena.
GTrans’ fixed -route revenue fleet consists of 66 vehicles: 52, 40-foot buses, and fourteen contingency buses. GTrans also operates eight Special Transit vehicles, including four vans and four cutaway vehicles. GTrans’ active fixed -route fleet consists of gasoline hybrid electric buses (model years 2005, 2009 and 2010), electric buses (both battery-electric conversion and traditional electric bus es), and CNG buses.
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GTrans has adopted an alternative fuel strategy for the immediate future to include 80 percent Compressed Natural Gas (CNG) and 20 percent zero-emission buses. GTrans deployed its first order of 18 CNG buses, and is awaiting delivery of another 21, along with an additional seven zero -emission battery electric buses that will replace all of the gasoline hybrid electric buses in its fleet. All buses use low-floor, curb-level technology, and all are fully ADA acc essible. Fixed -route buses can accommodate up to three bikes.
Exhibit I GTrans Bus Lines Title VI Census Tracts in Service Area, Minorities Per Census Trac t
Services Provided
Fixed Route Bus Service
Fixed-route service is normally provided with an active fleet of 52 buses distributed over six routes with a pre-COVID-19 weekday peak requirement of 43 buses. However, as a result of the COVID -19 pandemic and a historic drop in ridership GTrans has a peak requirement of 24 buses. As such, GTrans falls under the Title VI requirements of Transit Providers that Operate Fixed Route Service.
Service operates weekdays throughout the fixed -route system from 4: 25 a.m. to 10:23 p.m., and on four routes on weekends from 4:4 4 a.m. to 9: 38 p.m.
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Special Transit Service
GTrans also operates paratransit service using eight accessible cutaway and minivan vehicles for senior citizens and persons with disabilities. This locally -funded service is in addition to Access Service, Inc., the Los Angeles County complementary paratransit service mandated by the Americans with Disabili ties Act of 1990 (ADA). Residents of Gardena, Hawthorne and unincorporated areas of Alondra Park and Del Aire in Los Angeles County are eligible for this service.
Residents can apply for the Special Transit card at the Gardena Senior Citizens Bureau or Hawthorne Memorial Center. Once a resident has received their card and wishes to schedule door -to-door transportation service, they contact the Gardena Special Transit dispatch to make arrangements at least 24 hours in advance.
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General Reporting Requirements
Civil Rights Notice to the Public
Part of GTrans’ Title VI responsibilities is to inform the public of its obligations through a public notice that details GTrans’ Title VI complaint procedures. The following notice is posted in GTrans’ Route and Schedule Guide, on the GTrans website www. RideGTrans.com, onboard GTrans buses and in the lobby of GTrans’ Administrative, Operations and Maintenance headquarters, located at 13999 S. Western Avenue in Gardena:
Title VI Civil Rights
The City of Gardena’s GTrans is committed to ensuring that no person is excluded from participation in, or denied the benefits of its services on the basis of race, color, national origin, as protected by Title VI of the Civil Rights Act of 1964, as amended.
No person or group of persons will be discriminated against with regard to fares, routing, scheduling, or quality of transportation service that GTrans furnishes, on the basis of race, color, or national origin. In addition, the frequency of serv ice, age and quality of GTrans vehicles assigned to routes, and location of routes will not be determined on the basis of race, color, or national origin.
If you believe you have been discriminated against, you may file a signed, written complaint within one hundred and eighty (180) days of the alleged discrimination date. The complaint should include the following information:
1. Your name, address, and how to contact you (i.e., telephone number, email address, etc.)
2. How, when, where, and w hy you believe you were discriminated against. Include the location, names and contact information of any witnesses.
The complaint may be filed in writing with GTrans Customer Service at:
Attn: Director of Transportation
City of Gardena Department of Transportation
13999 S. Western Avenue
Gardena, CA 90249
Complaint forms can be obtained at GTrans’ website:
http://ridegtrans.com/contact/title-vi-complaint-form/
To request additional information regarding Title VI, please call 310 -965-8888 or email [email protected].
Procedures for Reviewing a Title VI Complaint
The following is a summary of the procedures GTrans uses for the investigation and resolution of the formal Title VI complaints. Please see Appendix A for GTrans’ Title VI Complaint Form, the formal complaint procedures provided to the public and the GTrans’ internal procedures for Title VI complaint handling.
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GTrans staff will adhere to the following internal procedures when investigating and resolving Title VI complaints:
1. GTrans staff will accept either the formal Title VI Complaint form or if a customer calls in to complain about discrimination, staff will submit the complaint on his/her behalf through the Trapeze COM system and identify it as a potential Title VI complain t. For either method or receipt, staff will proceed in accordance with the process below.
2. Once a Title VI complaint is received, GTrans staff will contact the complainant to obtain additional details and information that will assist with the investigatio n. Department staff will meet with any complainant at their request.
3. Staff will attempt to obtain additional internal documentation, which may assist in the investigation, including on -board video camera footage, statements from GTrans personnel, etc.
4. GTrans has 90 days to investigate the complaint. If more information is needed to resolve the case, GTrans may contact the complainant via phone or letter. The complainant has 15 business days from the date of the call or letter to send requested informatio n to the personnel assigned to investigate the complaint. If the investigator is not contacted by the complainant or GTrans does not receive the additional information within 60 business days, GTrans can administratively close the case. A case can be admin istratively closed if the complainant no longer wishes to pursue their case.
5. After the complaint is reviewed and a determination is made, GTrans will send a closure letter or a letter of finding (LOF) to the complainant. A closure letter summarizes the al legations and states that there was not a Title VI violation and that the case will be closed. A LOF summarizes the allegations and the interviews regarding the alleged incident, and explains how the situation will be addressed. If the complainant wishes t o appeal the decision, he/she has 90 business days after the date of the LOF to do so.
6. A detailed record of all Title VI complaints and the City’s response will be kept on file for a minimum of five years.
Title VI Investigations, Complaints and Lawsuits
GTrans has had no lawsuits and two complaints alleging discrimination under Title VI since the submittal of its 2019 Title VI Program. Of the two complaints alleging discrimination, none was substantiated and GTrans is not aware of any formal Title VI complaints filed with the FTA.
For a summary listing of the Title VI Investigations, Complaints and Lawsuits please see Appendix B.
Public Engagement Process
The City of Gardena’s GTrans continually monitors and considers the impact of various service decisions as they relate to the community and customers using the service.
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As required by FTA Circular 9030.1E, Chapter VI Program Management and Administrative Requirements, the City of Gardena’s GTrans must establish a process to solicit and consider public comment prior to raising fares or implementing a major reduction of transit services. The policy should provide an opportunity for a public hearing or publi c meeting for any fare increase or major service reduction and should describe how the recipient will conduct such meetings and how the recipient will consider the result of such meetings in the process of changing fares and service.
The purpose of GTrans’ Public Participation Process is to promote public involvement in transit planning decision -making activities. This plan establishes formal procedures that allow for, encourage, and monitor public participation within the GTrans servi ce area, including, but not limited to, minority individuals, persons with Limited English Proficiency , and low-income populations.
GTrans p roposed service changes in late 2019 to provide improvements to its transit system in early 2020; however, due to the COVID-19 pandemic, the changes were put on hold . Before the pandemic, however, GTrans had the opportunity to request public comment on these changes through a series of community meetings (August 21 st, September 3 rd, and September 7 th, 2019), and outreach pop -ups at the Los Angeles Southwest College, Gardena On e-Stop, along the affected routes (Line 1X, Line 3, and Line 4). Comments were reviewed and considered in the final recommendation to the City Council. Ultimately, the changes were approved b y the Gardena City Council and scheduled for implementation in early 2020, but put on hold because of the pandemic.
During the 2020 COVID-19 pandemic, GTrans quickly modif ied its service across all lines to ensure the safety of passengers and bus operators . On March 27, 2020, a notice by the City Manager was released stating that GTrans service would be reduced effective March 29, 2020. As COVID -19 continued to spread, more updates were released via social media, bus signage , and GTrans’ website indicating additional safety measures including the mask requirement, entrance through the rear doors , suspended fare enforcement , and physical distancing .
In 2021, GTrans began to slowly restore its service and in July 2021 resumed enforcement of fare payment. To inform the public of the changes , GTrans held a public meeting on July 28, 2021 to present the Service Restoration Plan, offering an opportunity for the public to provide input on GTrans’ pl ans to return service to pre -pandemic levels. Another hearing was held on March 31, 2022 , where GTrans gave an update on the Service Restoration Plan and solicited input on GTrans’ proposal to make permanent its new Line 7X service and change the child fare change s.
Also in 2020 and 2021, GTrans worked with regional transit operators and Metro to implement the GoPass fareless pilot program, which allows free rides for students in participating school districts and community colleges. GTrans became part of the pilot program in November 2021, following City Council approval .
While these occasions provided a more formal opportunity to interact and engage with the public, GTrans increased its outreach with more informal opportun ities as well. Once the pandemic stay-at-home orders were lifted and the COVID -19 vaccination allowed case counts to decrease , GTrans was able to engage with the community in person . The following are some occasions where GTrans had the opportunity to outreach:
• Gardena Police Department National Night Out - A community outreach event where GTrans distributed transit information and showcased its services. • Operation Backpack - Provided t ransit information to local school -aged students and parents.
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• Los Angeles Southwest College DAZE Resource Fair - Shared information about GTrans and the fareless program with incoming college students.
• Back to School Night and Orientation at Animo Legacy, Peary Middle School, and Gardena High School - Shared information about GTrans and the fareless program. • Kids at the Park - A Gardena Recreation event where GTrans shared information about its services with local parents and kids.
• Youth in Government Day - A City event where GTrans had the opportunity to share information about its careers and receive feedback from students regarding its services. • Coffee with a Cop - A public networking opportunity for residents to ask any questions about the police department and learn about resources offered by city departments including GTrans. • Annual Heritage Street Festival - A City of Gardena’s fair held at City Hall where GTrans had the opportunity to network with a diverse group of businesses and distribute transit information . • Nakaoka Center Senior Day - Provided seniors with information on how to ride the bus and discuss ed public transit safety concerns .
• Annual City of Gardena Jazz Fest - A City of Gardena festival held at Rowley Park, where GTrans provides transit informatio n to the community.
• City of Gardena's Earth Day Event - A City celebration where GTrans shares information about its Clean Air Projects and the use of publi c transportation. • Martin Luther King Jr. and Cinco de Mayo Celebrations - City events where GTrans had the opportunity to share transit information with diverse groups. • Bring it On the Blvd Event - A local street fair where many organizations, including GTrans, passed out flyers and information regarding its resources. • Unity Breakfast - Networking opportunity where GTrans shares information with church groups. • Gardena Valley Baptist Church Summer Festival - Fourth of July celebration at a local church, where GTrans provided information about its services.
• New Mount Calvary’s Health and Wellness Pavilion - Local resource fair where GTrans gave information about transit services.
Please see GTrans’ adopted Pu blic Participation Process for Fare and Service Changes in Appendix C.
Language Assistance Plan
Individuals who have a limited ability to read, write, speak or understand English are considered persons with Limited English Proficiency (LEP). In Los Angeles County, according to the U.S. Census records, approximately one-quarter of the County’s residents would describe themselves as being able to communicate in English less than “very well.”
Title VI prohibits conduct that has a disproportionate effect on LEP persons because such conduct constitutes discrimination based upon nat ional origin. In conjunction with the development of its 20 22 Title VI Program, GTrans updated its Language Assistance Plan and four-factor analysis of services provided to the LEP population
For a copy of GTrans’ Language Assistance Plan and Four Factor Analysis, please see Appendix D.
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Membership of Non-Elected Committees and Councils
GTrans does not select membership to any transit -related, non -elected planning boards, advisory councils or committees, or similar bodies.
Monitoring of Subrecipients and Contractors
For the reporting period, GTrans did not have any subrecipients that received federal financial assistance from the FTA.
Fixed Facility Impact Analysis
GTrans has not constructed any new fixed facilities since the submission of its 201 9 Title VI Program and thus has not performed a fixed facility impact analysis.
City Council Approval of Title VI Program
GTrans 2022 Title VI received governing body approval by the City of Gardena’s City Council on September 27, 2022. Please see Appendix E for a copy of the agenda and minutes.
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Program Specific Requirements
System-Wide Service Standards
Service performance standards are necessary to ensure that all services are contributing positively to the transit network and the overall financial stability of GTrans. Performance should be measured regularly to identify trends over time and to allow pro mpt changes to be enacted if necessary. GTrans has adopted quantitative system -wide service standards for its fixed route services. These standards, which are summarized below, were developed and implemented to better help GTrans achieve equity for all its transit customers in service design and operations decisions.
Performance standards help ensure that GTrans services are equitably provided, useful to customers and cost -effective for the organization.
Passenger Load
Passenger load is the ratio of passengers on the vehicle to the number of seats on the bus. If the passenger load is high, resulting in overcrowded conditions, additional service may be needed to address the issue. GTrans measures the vehicle load at the m aximum load point on each route during peak and off -peak periods. GTrans’ policy is not to exceed a passenger load to seat ratio of 1.25 for fixed route services operating in local service, and 1.00 for fixed route service operating express service on free way segments.
Vehicle Headway
Vehicle headway is the measurement of time between buses on a line . A shorter headway corresponds to service that is more frequent . GTrans generally operates fixed -route service with vehicle headways between 15-30 minutes during weekday peak periods, and between 30-60 minutes during weekday off - peak periods and weekends.
On-Time Performance
GTrans defines on -time performance for fixed -route bus trips as those trips that depart from a time point location no earlier than the time listed on printed schedules or arrive at the time point no later than five minutes from the sch eduled time. Currently, on-time performance is monitored using field supervision checks on specific trips. GTrans is currently in the middle of a project to deploy a CAD/AVL system that will provide a more effective way of tracking on -time performance.
Service Availability
Service availability generally corresponds to the provision of transit service on major traffic corridors in the service area and access to high population centers and trip generators in urbanized areas. GTrans primarily provides fixed -route service to people who reside within one -half to one-quarter mile of the stops along the routes. Due to the large and varied number of municipal transit operators, including Torrance Transit, Beach Cities Transit and LA Metro – who provide services at or near many GTrans bus stops – Passenger Load
Service Type Passenger Load Factor
Local Service 125% of seated capacity
Express Service 100% of seated capacity
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patrons have many options to access public transportation services in addition to GTrans. The many operators in the region also coordinate regularly to reduce unnecessary duplication of routes and promote a more even distribution of transit services.
GTrans’ general standard is to have stops spaced approximately one-quarter mile apart, although stops may be located more closely depending on land use. Stops may be located further apart if safety conditions do not allow a safe stop to be placed within one-quarter mile of the previous stop. Where site conditions allow, GTrans a ims to have far -side stops, which reduce conflict with right -turning vehicles, eliminate sight -distance deficiencies at intersection approaches, and encourage pedestrians to cross behind the bus. Please see Appendix F for GTrans’ Bus Stop Policy.
System-Wide Service Policies
In accordance with FTA Title VI Guidelines, recipients of federal assistance must develop policies for the equitable distribution of transit amenities and buses. GTrans has adopted quantitative system -wide service policies for its fixed -route services which, as summarized below, were developed and implemented to help GTrans better achieve equity for all its transit customers in service design and operations decisions.
Distribution of Transit Amenities
Transit amenities refer to items of comfort, convenien ce and safety that are available to the general riding public. Amenities may include but are not limited to bus stop benches, shelters, lighting, trash receptacles and bike racks. Transit amenities are sited in accordance with GTrans’ Bus Stop Policy (See Appendix F).
Within GTrans’ service area, bus stop amenities may be provided by GTrans or by one or more of a number of other sources including local governments, private developers, citizen groups, other transit agencies and commercial advertisers. In general, GTrans has jurisdiction over the location and type of amenities placed within the City of Gardena. Specific equipment and placement at existing bus stops in Gardena is done by GTrans in accordance with all applicable municipal regulatory and permitting processes.
Outside of the City, each municipality is responsible for determining the type of amenities at each existing bus stop. GTrans may recommend or provide information on its standard equipment used within the City of Gardena; however, each city is responsi ble for selecting and installing amenities at bus stops within its jurisdiction. GTrans will regularly evaluate the conditions and needs of bus stops in its service area and will meet with other cities to provide recommendations for changes to bus stops. With regard to amenities and their placement, GTrans will also consider the input and recommendations from its bus operators and employees, as well as customers, community, and business stakeholders.
The table below outlines GTrans’ method of determining what amenities are placed, by GTrans, at bus stops for which it has the ability to decide, and when capital funding resources become available .
Currently, GTrans does not have shelters installed at any of the stops within the City of Gardena, however GTrans is currently seeking funding for this future project.
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Transit Amenities
Average Weekday
Boardings
Category Amenities Provided
>100
Tier 1
Seating, lighting, trash receptacles and bus stop signage.
These stops will be considered for bus shelters if policy allows.
15-99 Tier 2 Seating, lighting and bus stop signage
<15 Tier 3 Bus stop signage and trash receptacles
Vehicle Assignment
Vehicle assignment refers to the process by which transit vehicles are placed into service on routes throughout the transit system to ensure that all communities receive the same benefits derived from the transit vehicles. GTrans’ entire fleet of transit buses is 100 percent ADA compliant, with wheelchair securement devices, ramps , and kneeling capabilities. Also standard are air conditioning, bike racks and voice annunciators. GTrans’ fleet of 40 -foot buses comes equipped with innovative design functions and state-of -the-art propulsion technology.
Vehicle age is also considered a b enefit, as it is generally considered a proxy for the condition of the vehicle. Barring restrictions of certain vehicle fleets, (i.e., inability for certain buses to travel on the freeway, or zero -emission battery buses no t able to travel on longer routes) , vehicles are distributed across the routes equitably by age.
Fare and Service Equity Analyses
GTrans has implemented service changes and changes to its fare policies since the implementation of its last Title VI Program . However, GTrans operates fewer than 50 buses in peak service, falling within the category of reporters that are not required to p erform formal e valuations of service and fare equity changes. GTrans is committed to ensuring all such changes do not result in disparate impacts on the basis of race, color, or national origin.
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Appendix A
Title VI Complaint Form and
Procedures for Reviewing
Complaints
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Appendix B
Title VI Investigations, Complaints
and Lawsuits
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List of Transit-Related Title VI Investigations, Lawsuits and Complaints Since Last Program Submittal in 2019
Type Date Summary Status
Action(s)
Taken
Investigations
N/A N/A N/A N/A
Lawsuits
N/A N/A N/A N/A
Complaints
1 5/6/2021 The complainant
alleged GTrans
operator deliberately
did not stop to allow
her to disembark at
the requested stop.
The complainant
believes it was
intentional and
possibly due to racial
discrimination.
Investigation
found
complaint to
be not valid
for Title VI
Sent
Closeout
Letter
2 6/2/2021 The complainant
alleged the GTrans
operator racially
discriminated a
passenger by
requiring a passenger
of one race to wear a
mask but not
requiring another
passenger from
another race to wear
the mask.
Investigation
found
complaint to
be not valid
for Title VI
Sent
Closeout
Letter
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Appendix C
Public Participation Process for Fare
and Service Changes
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Appendix D
GTrans’ Language Assistance Plan
and Four-Factor Analysis
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LANGUAGE ASSISTANCE PLAN 2022
Analysis of Persons with Limited English Proficiency (LEP) and Language Assistance Plan
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Table of Contents
Introduction.................................................................................................. 29 GTrans Background ................................................................................... 29 Four Factor Analysis .................................................................................. 30 Factor 1 .............................................................................................. 30 Factor 2 .............................................................................................. 39 Factor 3 .............................................................................................. 40 Factor 4 .............................................................................................. 40 Language Assistance Plan ........................................................................ 43
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1. Introduction
This Limited English Proficiency Plan (LEP) has been prepared to address GTrans’ responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. As defined in Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English.
This plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964 which states: “No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjugated to discrimination under any program or activity receiving Federal financial assis tance.” GTrans is committed to ensuring that no person is excluded from participation in or denied the benefits of its transit services on the basis of race, color, or national origin.
2. GTrans Background
The City of Gardena’s GTrans began operation of tran sit services in 1940 in response to a stoppage of railroad services between the areas of the South Bay and Downtown Los Angeles. In 2015, Gardena Municipal Bus Lines rebranded and officially changed its name to GTrans and unveiled a new modern bus design and logo.
GTrans is a City department that operates as an enterprise fund and is self -supported. It is not operated with any of the City’s general funds.
GTrans serves several local communities that include: the City of Gardena, Torrance, Lomita, West Carson, Compton, Hawthorne, Lawndale, and certain parts of downtown Los Angeles and Inglewood.
The City of Gardena is six square miles and is situated in the South Bay area of metropolitan Los Angeles between Athens to the north, City of Torrance to the sout h, Harbor Gateway to the east, and the City of Hawthorne and City of Lawndale to the west. GTrans’ total service encompasses 87.5 square miles with a population of approximately 816,700 people according to the U.S. Census Bureau.
Services Provided
Local Fixed Route Service
GTrans provides transportation to area residents with fixed bus routes that serve many local communities and provide access to Metro Rail and Downtown Los Angeles. GTrans’ fixed -route revenue fleet consists of 66 vehicles: 52, 40-foot buses, and fourteen contingency buses. GTrans also operates eight Special Transit vehicles, including four vans and four cutaway vehicles. GTrans’ active fixed -route fleet consists of gasoline hybrid electric buses (model years 2005, 2009 and 2010) , electric buses ( both battery-electric conversion and traditional electric bus es), and CNG buses. All buses use low - floor, curb level technology, and are fully ADA accessible. Current fixed route buses can accommodate two to three bikes.
Special Transit
GTrans operates demand response services for senior citizens and disabled residents of Gardena, Hawthorne, and the unincorporated areas of El Camino Village, and Del Aire in Los Angeles County. The fleet is comprised of eight vehicles that are fully ADA ac cessible. The service normally would operate Monday to Friday 7:00 a.m. – 5:00 p.m., Saturdays from 8:00 a.m. – 5:00 p.m., and Sunday and Holiday service 8:00 a.m. – 2:30 p.m. Due to the COVID -19 pandemic and shortage of drivers, GTrans modified
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its schedule to Monday to Friday 7:00 a.m. – 4:30 p.m., and every other Saturday from 8:00 a.m. – 2:00 p.m. Interested residents can apply for the special transit card at the Gardena Senior Citizens Bureau or Hawthorne Memorial Center.
Regular fare for a one -way trip is $0.75. Legally blind passengers ride free, riders from the Gardena Senior Citizens Bureau may purchase S.S.I. tickets for $0.50 cents each, and the City of Hawthorne sells dial-a-ride tokens to its residents for $0.75 cents one -way. An aide assistin g a passenger with disabilities rides free of charge; however, the person requiring the aide must have the ID card that specifies the need for the aide service.
3. Four Factor Analysis
Factor 1: The Number and Proportion of LEP Individuals Served or Encounters in the Eligible Service Population
What the Guidance Says:
“The greater the number or proportion of LEP individuals from a particular language group served or encountered in the eligible service population, the more likely language services are needed” Being a part of the diverse communities served by GTrans, the agency has regularly encountered LEP individuals throughout its day -to-day operations. Accordingly, GTrans, works to ensure that all individuals have access to this vital in formation which allows them to use the transit system. To follow are some examples of the typical interaction GTrans has with LEP individuals:
• Customer Service Call Center
• Customer Service Front Desk at GTrans
• Community meetings
• Special Transit dispatch
• Bus operators
• Public hearings
• Schedules, brochures, and other printed materials
• Customer and Community surveys
• Public outreach team and events
• GTrans website
• GTrans social media, including Facebook, Instagram, and Twitter
The U.S. Census Bureau compiles da ta through its American Community Survey (ACS), which is an ongoing statistical survey that samples a small percent of the population every year giving communities the information they need to plan investments and services. In addition to tracking race, fa mily and relationships, income and benefits, health insurance, education, veteran status, and disabilities, it also provides numbers for areas across the United States of English proficiency. The categories provided describe levels of English proficiency a s speaking English “Well,” or “Less than very well.” This data can be accessed for each of the census tracts contained within areas surrounding the GTrans service area.
This data is the basis for much of the analysis that follows.
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Figure 1: GTrans Route Map
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The 2020 ACS showed that of the many languages spoken in the homes of those living within the GTrans service area, approximately 43 percent of the population speaks only English at home. The remaining 57 percent of the populat ion speaks a language other than English at home: approximately 45 percent Spanish, two percent Korean, two percent Tagalog, two percent Chinese, two percent Other Asian and Pacific Island, two percent Indo -European languages, one percent Vietnamese, and o ne percent Other and unspecified languages. Figure 2 shows the breakdown of languages spoken at home within the GTrans service area, covering 205 census tracts.
Figure 2
July 2019
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As indicated in Figure 2 above, nearly half of the respondents in GTrans’ service area speak English at home (43 percent). However, there are a significant number (45 percent) of respondents who speak Spanish at home. Of the LEP population, Spanish is the most predominant language spoken by far.
Second to Spanish are Korean, Tagalog, C hinese, Other Asian and Pacific Island languages, and Indo - European languages at about two percent each, and then Vietnamese and Other and unspecified languages at approximately one percent each. All other languages spoken at home by respondents in GTrans’ service area make up approximately one percent of the total LEP languages spoken at home.
Compared to the previous report in 2019, the Spanish language remains the highest spoken other than English within the GTrans area.
The LEP population is determined by specific categories used by respondents in the ACS. Using LEP classifications of “Very well” and “Less than very well” the number of LEP individuals can be determined.
As depicted below in Figure 3 on the following page, approximately 76 percent of the population is classified as speaking English only and speaking English “Very well.” The remaining 24 percent report speaking English “Less than very well.” This is considered the LEP population of GTrans’ service area.
Approximately 76 percent of the tota l LEP population communicates in Spanish, which is by far the main non-English language spoken in the GTrans service area.
Figure 3
GTrans Service Area LEP Characteristics for populations 1000+ % of total Language % of
LEP
Total Population: 751,582
Speak English only: 319,711 42.54%
Speak Spanish 335,014 Speak English "very well" 196,427
Speak English less than "very well" 138,587 18.44% 76.24%
Speak Korean 16,613
Speak English "very well" 5,574
Speak English less than "very well" 11,039 1.47% 6.07%
Speak Chinese 12,466
Speak English "very well" 5,785
Speak English less than "very well" 6,681 0.89% 3.68%
Speak Tagalog 16,038
Speak English "very well" 10,340
Speak English less than "very well" 5,698 0.76% 3.13%
Speak Vietnamese 7,981
Speak English "very well" 3,247
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Speak English less than "very well" 4,734 0.63% 2.60%
Arabic 3,807
Speak English "very well" 2,443
Speak English less than "very well" 1,364 0.18% 0.75%
Other Asian and Pacific Island languages: 15,447
Speak English "very well" 8,001
Speak English less than "very well" 7,446 0.99% 4.10%
Other Indo-European languages: 11,500
Speak English "very well" 7,983
Speak English less than "very well" 3,517 0.47% 1.93%
Other and unspecified languages: 6,461
Speak English "very well" 5,341
Speak English less than "very well" 1,120 0.15% 0.62%
Speaks English Only or Speaks English “Very well” 569,806 75.81% Speaks other Languages and English less than “Very well” 181,776 24.19% **Other Languages less than 1000 individuals include: French, Haitian, or Cajun, German or other West Germanic language, Russian, Polish, or other Slavic languages Data Source: C16001 LANGUAGE SPOKEN AT HOME FOR THE POPULATION 5 YEARS AND OVER.
Universe: Population 5 years and over 2020 American Community Survey 5-year Estimates
Safe Harbor
By further exploring the ACS data, GTrans has determined that there are nine LEP language groups that are required to be analyzed. The U.S. Department of Transportation (USDOT) has adopted the U.S.
Department of Justice (USDOJ) Safe Harbor Provision, which outlines circumstances that can provide a “Safe Harbor” for recipients regarding the translation of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent or 1,000 persons, whichever is less, of the total populations of people eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of complianc e with the recipient’s written language obligations.
The GTrans language groups that fall under the Safe Harbor provision are depicted in Figure 3 on the previous page. From the data, Spanish was the largest LEP language group for the GTrans service area with approximately 76 percent of the LEP population. Language groups which exceed 1,000 persons speaking English “Less than very well” are: Korean with approximately 11,039 members of the LEP population, Chinese with an LEP population of approximately 6,6 81, Tagalog with an estimated LEP population of 5,698, Vietnamese with an estimated LEP population of 4,734, and Arabic with an estimated
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population of 1,364, Other Asian and Pacific Island languages with an estimated LEP population of 7,446, Other Indo-European languages with an estimated LEP population of 3,517, and Other and unspecified languages with an estimated LEP population of 1,120.
In terms of concentration, GTrans has determined that Spanish -speaking LEP populations are concentrated in Downtown Los Angeles and the GTrans’ service areas around Compton, Inglewood, Lennox, Lynwood, Hawthorne, and Willowbrook, which are within the service areas of Lines 1X, 2, 5, and 7X. Korean-speaking LEP concentrations are mostly in the section of the GTrans servi ce area that occupies Downtown Los Angeles, Gardena, Carson, and Torrance areas, which are within the service areas of Lines 1X, 2, and 3. Chinese -speaking LEP population concentration also resides in Downtown Los Angeles where Line 1X runs. Tagalog -speaking LEP populations are concentrated primarily in the GTrans service area which occupies Carson, which is within the service area of Line 2. The concentration of the Vietnamese-speaking LEP population is in the El Camino Village area, which is serviced by L ine 1X and 3. Arabic -speaking concentrations of LEP populations are primarily in Hawthorne and Lawndale, which are within Line 1X and 5 service areas. The other categories all are dispersed across most of the GTrans lines: The Other Asian and Pacific Islan d languages are concentrated along the Torrance and Gardena areas, Other Indo -European languages are dispersed amongst the South Bay cities of Torrance, Hawthorne, Redondo Beach, and Los Angeles, and Other and unspecified languages are concentrated within the Gardena and Hawthorne areas.
Although Korean, Chinese, Tagalog, Vietnamese, Arabic, Other Asian and Pacific Island languages, Other Indo-European languages, and Other and unspecified languages LEP population are above the 1000-person threshold as defi ned by the DOJ Safe Harbor Provision, they all represent together approximately 23 percent of the LEP population within GTrans Service area.
The GTrans website www.ridegtrans.com has a feature provided by Google that translates the website into over 100 different languages including all of the languages which fall under the Safe Harbor Provision. Written translations for the printed material will be focused on the Spanish LEP language group, which makes up approxi mately 76 percent of the LEP population within GTrans service area. For more on GTrans’ efforts for Safe Harbor languages and its vital documents, please see Factor 4 below.
The Federal guidance also suggests incorporating data that can be obtained throug h the State Department of Education, which has enrollment data on LEP populations, and the types of languages spoken in the areas throughout which GTrans provides service.
GTrans’ service area encompasses eleven school districts. For the purpose of this report, not all the schools that represent Los Angeles Unified School were included in the calculation of LEP populations.
Rather, just the schools located in census tracks within GTrans’ service area were included, representing a total of 9,732 English le arner students grades K -12. Centinela Valley Union High School District includes high schools located in Lawndale, Hawthorne, Lennox, Del Aire, and El Camino Village and has a total of 1,137 English learner students in grades 9 -12. Compton Unified School D istrict serves the city of Compton along portions of Paramount and Carson with a total of 5,455 English learner students in grades K-12. El Segundo Unified School District serves the residents of El Segundo and has a total of 102 English learner students i n grades K-12. Hawthorne Unified School District serves the residents of Hawthorne and has a total of 1,822 English learner students in grades K -12. Inglewood Unified School District serves students in Inglewood and has a total of 2,099 English learner s tudents in grades K -12.
Lawndale Elementary School District serves Lawndale, parts of Hawthorne and the El Camino Village has a total of 1,353 English learner students in grades K -12. Lennox Unified School District serves K -8 students in the Lennox area an d has a total of 2,314 English learner students. Redondo Beach Unified
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School District which serves the areas of both Redondo Beach and Hermosa Beach has a total of 395 English learner students. Torrance Unified School District serves the city of Torrance and has a total of 2,789 English learner students grades K -12. Wiseburn Unified School District, which serves K -8 students in the Hawthorne area, has a total of 293 English learner students.
Figure 4 details the percentage of English learners enrolled at specific GTrans’ service area schools in each of the eleven districts by language spoken, if greater than one percent of the total within the specific district. According to the State of California’s Department of Education, English learners ar e those who do not speak, read, write, or understand English as a result of English not being their home language. The statistics related to LEP inevitable are in keeping with the census data, in that Spanish is by far the most common language spoken by LE P individuals.
Figure 4
English Learner Students by Languages Greater than 1% of total Number of English Learner students
% of Language Spoken by
English Learner Students
in the School District
Centinela Valley Union High School District 2021-2022
Spanish 1,082 95.16%
Vietnamese 15 1.32%
Other non-English languages 12 1.06%
Compton Unified School District 2021-2022
Spanish 5,432 99.58%
El Segundo Unified School District 2021-2022
Spanish 55 53.92%
Japanese 9 8.82%
Arabic 7 6.86%
Khmer (Cambodian) 4 3.92%
Mandarin (Putonghua) 4 3.92%
Portuguese 4 3.92%
Other non-English languages 2 1.96%
Telugu 2 1.96%
French 2 1.96%
Urdu 2 1.96%
Hawthorne Unified School District 2021-2022
Spanish 1,667 91.49%
Arabic 39 2.14%
Inglewood Unified School District 2021-2022
Spanish 2,000 95.28%
Other non-English languages 30 1.43%
Lawndale Elementary School District 2021-2022
Spanish 1,203 88.91%
Vietnamese 62 4.58%
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Arabic 24 1.77%
Other non-English languages 14 1.03%
Los Angeles Unified School District 2021-2022
Spanish 9221 94.75%
Lennox Unified School District 2021-2022
Spanish 2,297 99.27%
Redondo Beach Unified School District 2021-2022
Spanish 174 44.05%
Japanese 50 12.66%
Russian 26 6.58%
Korean 21 5.32%
Portuguese 20 5.06%
Mandarin (Putonghua) 13 3.29%
Arabic 10 2.53%
Farsi (Persian) 9 2.28%
Turkish 9 2.28%
Vietnamese 9 2.28%
Other non-English languages 6 1.52%
Filipino (Pilipino or Tagalog) 5 1.27%
French 5 1.27%
German 4 1.01%
Urdu 4 1.01%
Torrance Unified School District 2021-2022
Spanish 905 32.45%
Japanese 571 20.47%
Korean 310 11.12%
Arabic 144 5.16%
Mandarin (Putonghua) 103 3.69%
Vietnamese 100 3.59%
Urdu 92 3.30%
Portuguese 91 3.26%
Other non-English languages 75 2.69%
Filipino (Pilipino or Tagalog) 70 2.51%
Telugu 48 1.72%
Farsi (Persian) 35 1.25%
Russian 30 1.08%
Wiseburn School District 2021-2022
Spanish 233 79.52%
Japanese 8 2.73%
Vietnamese 7 2.39%
Cantonese 6 2.05%
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Arabic 4 1.37%
Mandarin (Putonghua) 4 1.37%
Other non-English languages 4 1.37%
Korean 3 1.02%
Amharic 3 1.02%
Hindi 3 1.02%
Urdu 3 1.02%
Data Source: English Learner Students by Language by Grade, California Department of Education. 2021 -2022. * Information provided in Figure 4 includes only those schools located in census tracts within GTrans’ service area and therefore does not represent district-wide figures. Additional languages are spoken in each district; however, they represent less than 1% of the languages spoken within each district.
The Federal Transit Administration recommends that each agency conduct community outreach to organizations that work with LEP populations. This outreach may provide the agency with information that is not included in the Census, such as information on the specific languages spoken by the LEP populations, population trends, cultural backgrounds of LEP persons, information on what services are most frequently sought by the LEP population, and what will resonate equally among all nationalities and subcultures within the GTrans service area.
GTrans regularly works with community organizations and local groups to provide information on transit services. Although the COVID -19 pandemic limited the ability to outreach within the last few years, GTrans continued to participate in local City of Gardena and community events, where GTrans was able to interact with LEP individuals and receive feedback:
• Gardena Police Department National Night Out - A community outreach event where GTrans distributed transit information and showcased its services. • Operation Backpack - Provided t ransit information to local school -aged students and parents. • Los Angeles Southwest College DAZE Resource Fair - Shared information about GTrans and the fareless program with incoming college students.
• Back to School Night and Orientation at Animo Legacy, Peary Middle School, and Gardena High School - Shared information about GTrans and the fareless program. • Kids at the Park - A Gardena Recreation event where GTrans shared information about its services with local parents and kids.
• Youth in Government Day - A City event where GTrans had the opportunity to share information about its careers and receive feedback from students regarding its services. • Coffee with a Cop - A public networking opportunity for residents to ask any questions about the police department and learn about resources offered by city departments including GTrans. • Annual Heritage Street Festival - A City of Gardena’s fair held at City Hall where GTrans had the opportunity to network with a diverse group of businesses and distribute transit information . • Nakaoka Center Senior Day - Provided seniors with information on how to ride the bus and discuss ed public transit safety concerns .
• Annual City of Gardena Jazz Fest - A City of Gardena festival held at Rowley Park, where GTrans provides transit informatio n to the community.
• City of Gardena's Earth Day Event - A City celebration where GTrans shares information about its Clean Air Projects and the use of publi c transportation.
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• Martin Luther King Jr. and Cinco de Mayo Celebrations - City events where GTrans had the opportunity to share transit information with diverse groups. • Bring it On the Blvd Event - A local street fair where many organizations, including GTrans, passed out flyers and information regarding its resources. • Unity Breakfast - Networking opportunity where GTrans shares information with church groups. • Gardena Valley Baptist Church Summer Festival - Fourth of July celebration at a local church, where GTrans provided information about its services.
• New Mount Calvary’s Health and Wellness Pavilion - Local resource fair where GTrans gave information about transit services.
Based on the interactions between GTrans staff and the aforementioned community groups and events, the LEP language m ost encountered is Spanish. Recognizing that demographics and languages are shifting all the time, GTrans will continue to work with these and other community groups to continue to gain experience and knowledge about its LEP population.
Factor 2: The Frequency with which LEP Individuals Come into Contact with Your Programs, Activities, and Services
What the Guidance Says:
“Recipients should assess, as accurately as possible, the frequency with which they have or should have contact with the LEP individ uals from different language groups seeking assistance, as the more frequent the contact, the more likely enhanced language services will be needed”
GTrans recently reviewed the frequency with which staff and drivers have or could have contact with LEP persons. GTrans conducted a recent survey of bus operators and frontline staff including the front office Customer Service who handles all calls and visits, and Staff who often interact with the community and passengers. Of those surveyed, 39 percent indicat ed they interacted with 10 or more individuals with limited English proficiency.
Approximately 97 percent of the respondents indicated that the primary LEP language encountered was Spanish. Roughly, 70 percent of the respondents indicated that they most frequently encounter LEP customers along Line 2, which is GTrans’ highest ridership line. There have only been a few requests made to the operators and frontline staff for language translat ion of public information, with 73 percent indicating that passengers have not requested translated materials.
Here are additional relevant activities and services provided by GTrans during which LEP contact is made:
• Fixed Route transit services on 6 ro utes
• In person at GTrans Customer Service Desk
• City of Gardena Phone Tree providing names, phone numbers, and languages of certified employees in the City that can assist with translation or interpretation • Special Transit paratransit service within the Ci ty of Gardena, Hawthorne and portions of LA County
• GTrans outreach events and information booths
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• Bus Operators and their Supervisory Team interact with LEP persons daily in the field • GTrans Website with Google Translate feature which translates the website into over 100 different languages
• Schedules, brochures, and bus signage provided in English and Spanish • GTrans social media accounts include Facebook, Instagram, and Twitter • Outreach with local schools regarding access to services
In an effort to explore the needs of LEP communities within the GTrans service area, staff surveyed local organizations including the Gardena Valley Japanese Cultural Institute, Gardena Valley Baptist Church, Hawthorne Senior Center, Department of Public Social Services – West Athens GROW Program, One - Stop Gardena, The Church of Jesus Christ Latter -Day Saints, and El Camino College. The purpose of this dialogue was to further understand the extent of the LEP population in GTrans’ services area, as well as the needs of the community. The discussions resulted in confirmation that Spanish is the largest speaking language amongst the LEP population. Other languages common within those organizations included Japanese, Chinese, and Tagalog, which represent a small sector of the o verall LEP population in the GTrans service areas. From our conversations with these organizations, we learned that the seniors make up a large amount of the LEP population and prefer more traditional forms of communication like phone calls, word of mouth, and regular mail although text and email options are becoming more popular due to the ability to easily translate information that is sent online.
Factor 3: The importance to LEP Persons of Your Program, Activities, and Services
What the Guidance Says:
“The more important the activity, information, service, or program, or the greater the possible consequences of the contact to the LEP individuals, the more likely language services are needed”
Through input from community organizations and interactions with riders, GTrans has determined its most crucial services to be its fixed route and paratransit services, which together account for over three million annual boardings pre -COVID19. Related to this service, GTrans provides vital documents, without which a person would be unable to access services. GTrans’ vital documents are as follows:
Vital Documents
GTrans Route and Schedule Guide
Special Transit Information
Title VI Notice, Title VI Plan, and Complaint Procedures Language Assistance Plan
Public Notices to Change in Service
Factor 4: The Resources Available to the Recipient and Cost
What the Guidance Says:
“A recipient’s level of resources and the costs imposed may have an impact on the nature of the steps it should take in providing meaningful access for LEP persons”
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As a small transit operator, GTrans has limited resources but manages to stretch this limited budget through cost -effective and efficient measures that benefit not only GTrans’ LEP customers but all customers. Currently, GTrans practices several measures in support of assisting the LEP population.
These efforts include:
• There is staff within the Transportation Department and throughout the City of Gardena who are on the Bilingual List of Translators and eligible for Bilingual Bonus Pay. Eligible employees receive $31 per pay period. Currently, GTrans 15 employees receive this compensation for a FY2022 budgeted cost of $9,000.
• GTrans’ Route and Schedule Guide is printed in both English and Spanish, providing maps and timetables in addition to offering customers important information about how to ride the bus, critical inf ormation on fares and passes, information on Special Transit, etc. There is only minimal incremental cost for this guide to include Spanish translation, as in -house staff provides the translation copy. The cost to print the guides in total is roughly $8,00 0.
• GTrans’ website uses Google Translate feature to support over 100 languages for immediate translation. This feature is free for GTrans to use on its website.
• GTrans’ non-bilingual bus operators ask other customers on board for translation assistance when they are either unable to understand or communicate with an LEP person or are not near the GTrans’ staffed customer service center. If still unable to provide assistance, GTrans operators are instructed to contact Dispatch for assistance. This is at no additional cost.
• Brochures and other materials including signage and information cards for the bus are printed in both English and Spanish. This amounts to approximately $2,000 per year.
• Public outreach team and events are held throughout the year to provide the public, which includes the LEP population, with information and giveaways. These outreach events are already in the budget for outreach; however, the staff ensures there are Spanish -speaking employees available to assist with GTrans’ Spanish -speaking customers. This additional cost is approximately $2,000 per year.
GTrans will continue to translate its vital documents such as the Route and Schedule Guide, Special Transit Information, Title VI Notice, Title VI Plan and Complaint Procedures, Lan guage Assistance Plan, and Public Notices to Change in Service through Google Translate on the GTrans website and certified translators when needed. GTrans will also continue to use its in -house multilingual staff, citywide Bilingual List of Translators, a nd Google Translate to translate for eligible LEP language groups. Finally, GTrans continues to explore the cost and feasibility of a third -party language service provider to assist our bus operators and our other front -line staff in being able to better c ommunicate with LEP individuals in our service area. Preliminary outreach with other agencies that use these services has been helpful, as has outreach to various firms that provide such services.
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Conclusion:
GTrans has developed several methods to guarantee that those who rely on public transit and are limited English speakers are able to receive critical information. The availability of the resources outlined in the four-factor analysis has greatly helped in providing critical information to GTrans’ LEP population. As shown in the review of U.S. Census information, GTrans can provide services to most of its service area without any additional effort. GTrans will continue to make efforts in order to ensure that LEP individuals do not feel unable to utilize the services provided by the City.
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Language Assistance Plan
Introduction
U.S. Department of Transportation (DOT) Limited English plan (LEP) guidance recommends that GTrans, as a recipient of federal funds, develop an implication plan to address the needs of the LEP population it serves. GTrans has developed this Limited English Proficiency Plan to help identify reasonable steps for providing language assistance to persons with Limited English Proficiency (LEP) who wish to access services provided. This plan outlines how to identify a person who may need language assistance, the language assistive measures, training staff, providing notice to LEP persons, and monitoring and updating the LEP plan.
Element 1: Identifying LEP individuals Who Need Language Assistance
What the Guidance Says:
“There should be an assessment of the number or proportion of LEP individuals eligible to be served or encountered and the frequency of encounters pursuant to the first two factors in the four-factor analysis”
As part of the four -factor analysis, GTrans’ used ACS data to determine the breakdo wn of LEP individuals located within its service area. This was executed using the analysis of 205 Census tracts, and approximately 816,700 residents.
The data showed some very clear trends within GTrans’ service area. Approximately 57% of the residents in the service area speak a language other than English at home. Of the total service area population,
75.8% identified themselves as speaking English only or “Very well.” This figure includes the 42.5% of those who identify themselves as speaking only Engl ish, but also the populations which speak other languages and speak English “Very well”. GTrans also determined that 24.2% of GTrans service area population can be classified as LEP, and of that population 76.2% spoke Spanish.
Spanish is the clear and overwhelming LEP language to be addressed in the GTrans’ service area. In accordance with the USDOJ’s Safe Harbor Provision, Korean, Chinese, Tagalog, Vietnamese, Arabic, Other Asian and Pacific Island languages, Other Indo -European languages, and Other and unspecified languages LEP populations are emerging in GTrans’ service area, with concentrations seen in specific areas. As indicated in Factor 1, GTrans regularly encounters LEP individuals throughout its day -to-day operations. By far the most common language group encountered by GTrans, outside of English is Spanish.
Element 2: Language Assistance Measures
What the Guidance Says:
“An effective LEP Plan would likely include information about the ways in which language assistance will be provided”
GTrans will strive to offer the following measures to LEP individuals, that is, persons who speak English “Less than very well.”
• GTrans’ Title VI Policy and GTrans staff will take reasonable steps to provide the opportunity for meaningful access to LEP clients who have difficulty communicating in English.
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• If a Client asks for language assistance and GTrans determines that the client is an LEP person and that language assistance is necessary to provide meaningful access, reasonable efforts will be made to provide meaningful access, reasonable efforts will be made to provide free language assistance. If reasonably possible, GTrans will provide language assistance in the LEP client’s preferred language. GTrans has th e discretion to determine whether language assistance is needed, and if so, the type of language assistance necessary to provide meaningful access.
• GTrans will periodically assess client needs for language assistance based on requests for interpreters and/or translations, as well as the literacy skills of the clients.
• When an interpreter is needed, in person or on the telephone, staff will attempt to determine what language is required and then access language assistance at one or more of the available resources identified on the next page.
Element 3: Training Staff
What the Guidance Says:
“Staff members should know about their obligations to provide meaningful access to information and services for LEP persons, and all employees in public contact positions should be properly trained. An effective LEP plan would likely include training to ensure that:
• Staff knows about LEP policies and procedures
• Staff having contact with the public (or those in recipient’s custody) is trained to work effectively with in person and telephone interpreters”
The following training will be provided to GTrans staff • Information on the Title VI Policy and LEP responsibilities • Description of language assistance services offered to the public • Process for assisting LEP customers when translation is requested • How to handle potential Title VI/LEP complaints
Element 4: Providing Notice to LEP Persons
What the Guidance Says:
“Once an agency has decided, based in the four -factors, that it will provide language services, it is important that the recipient notify LEP persons of service es available free of charge. Recipients should provide this notice in languages LEP person would understand.”
GTrans currently provides most of its public printed material about service in both English and Spanish including the Route and Schedule Guide and bus signage. Staff members throughout GTrans, who are bilingual in English and Spanish, are available to assist customers as needed. Furthermore, the website offers a fea ture from Google Translate which automatically can translate the website into over 100 different languages.
Translation of Documents
• In those cases where the need arises for LEP outreach, GTrans will consider the following options:
o When staff prepares a document, or schedules a meeting, for which the target audience is expected to include LEP individuals, then documents, meeting notices, flyers, and agendas will be printed in an alternative language for the known LEP population
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o Bus schedules, maps, and other transit publications will be made available in an alternative language for the known LEP population through the GTrans website using the Google translate feature
Formal Interpreters
• When necessary to provide meaningful service to LEP clients, GTrans will provide qualified interpreters upon request, including any bilingual staff of the City of Gardena, if available. The City of Gardena has identified all City staff who speak languages other than English. At important stages that require one-on-one contact, written translations and verbal interpretation services will be provided consistent with the four -factor analysis used earlier.
• GTrans may require a formal interpreter to certify to the following:
o The interpreter understood the matter communicated and rendered a competent interpretation
o The interpreter will maintain private information, non -public data will not be disclosed without written authorization from the client
o Bilingual City Employees, when available, can provide limited ass istance to GTrans staff and LEP clients as part of their regular job duties
Informal Interpreters
• Informal interpreters may include the family members, friends, legal guardians, service representatives or advocates of the LEP client. GTrans staff will det ermine whether it is appropriate to rely on informal interpreters, depending on the circumstances and subject matter of the communication. However, in many circumstances, informal interpreters, especially children, are not competent to provide quality and accurate interpretations. There may be issues of confidentiality, competency, or conflict of interest.
• An LEP person, may use an informal interpreter of their own choosing and at their expense, either in place of or as a supplement to the free language assistance offered by GTrans. If possible, GTrans should accommodate an LEP client’s request to use an informal interpreter in place of a formal interpreter.
• If an LEP client prefers an informal interpreter after GTrans has offered free interpreter servic es, the informal interpreter may interpret.
• If an LEP client wants to use their own informal interpreter, GTrans serves the right to also have a formal interpreter present.
Element 5: Monitoring and Updating LEP Plan
What the Guidance says:
“Evaluation can help you track your outreach efforts, discover dissemination problems early, make corrections, and find out whether your language services have impacted your ridership and/or relations with local immigrant communities”
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GTrans will update t he LEP Plan as required by U.S. DOT every 3 years or when significant changes are required. GTrans intends to explore additional improvements that may be developed as a result of an ongoing dialog with the LEP community and changes to the demographics of t he service area.
Dissemination of the GTrans LEP Plan
A link to the GTrans Title VI Plan and the LEP Plan will be included on the GTrans website, http://ridegtrans.com/contact/title-vi-report/ and at http://ridegtrans.com/contact/lep-plan/
Any person or agency with internet access will be able to access and download the plan from the GTrans website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person, and shall be provided a copy of the plan at no cost. LEP individuals may request a copy of the plan in translation which GTrans will provide, if feasible.
Questions or comments regarding the LEP Plan may be submitted to GTrans in person at 13999 S.
Western Ave., Gardena, CA 90249, through phone (310) 965 -8888, or email at [email protected].
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Appendix E
Gardena City Council Approval of
2022 Title VI Program
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Appendix F
GTrans Bus Stop Policy
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City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 12.A
Section: DEPARTMENTAL
ITEMS - COMMUNITY
DEVELOPMENT
Meeting Date: September 27,
2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
PUBLIC HEARING
: I
NTRODUCTION OF ORDINANCE NO. 1844 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA,
AMENDING THE ZONING CODE TO PROHIBIT SHORT-TERM RENTALS COUNCIL ACTION REQUIRED:
Staff Recommendation: Conduct Public Hearing; Allow three (3) minutes for each speaker; Introduce Ordinance No. 1844 or provide direction to staff to draft a revised Ordinance
RECOMMENDATION AND STAFF SUMMARY:
On August 9, 2022, the City Council discussed various policy options for short term rentals (STRs) and heard concerns from the public on potential loss of neighborhood character and challenges with enforcement. The Council also had concerns on the adverse impacts to noise, trash, crime, traffic, and parking these uses would have to the residential neighborhoods.
At that time the Council directed staff to draft an ordinance prohibiting all STRs within the residential zones. At the same meeting a directive was given to draft an urgency ordinance placing a moratorium on all STRs within the City.
On September 6, 2022 the Planning Commission held a public hearing on draft Ordinance No. 1844 which places a complete ban on all short-term rentals in Gardena. The Commission recommended adoption of the Ordinance on a 3-1 vote with one member absent.
On September 13, 2022 the City Council considered the moratorium ordinance. There were more than a dozen speakers, all of whom spoke in opposition to a ban on STRs. After hearing the comments and discussion among the Council, a motion to adopt the moratorium ordinance failed. The City Council determined that it would continue the discussion of STRs at the noticed hearing for the adoption of Ordinance No. 1844.
The City Council should hold a public hearing to discuss these issues. If Ordinance No. 1844 is not introduced as drafted, direction should be provided to staff.
FINANCIAL IMPACT/COST:
ATTACHMENTS:
Agenda Staff Report - STR.pdf
City Council agenda staff report dated August 9, 2022.pdf Planning Commission staff report dated September 6, 2022.pdf Draft Ordinance No. 1844.pdf
City Council staff summary dated September 13, 2022.pdf Urgency Moratorium Ordinance.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
City Council Meeting
Agenda Item No.: 12.A
Department: Community Development
Meeting Date: September 27, 2022
AGENDA TITLE:
Introduction of Ordinance No. 1844 – AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GARDENA, CALIFORNIA, AMENDING THE ZONING CODE TO PROHIBIT
SHORT-TERM RENTALS
RECOMMENDATION:
Conduct a public hearing and introduce Ordinance No. 1844 or provide direction to staff to draft a revised Ordinance.
BACKGROUND:
On August 9, 2022, the City Council discussed various policy options for short term rentals (STRs) and heard concerns from the public on potential loss of neighborhood character and challenges with enforcement. The Council also had concerns on the adverse impacts to noise, trash, crime, traffic, and parking these uses would have to the residential neighborhoods.
At that time the Council directed staff to draft an ordinance prohibiting all STRs within the residential zones. At the same meeting a directive was given to draft an urgency ordinance placing a moratorium on all STRs within the City.
On September 6, 2022 the Planning Commission held a public hearing on draft Ordinance No. 1844 which places a complete ban on all short -term rentals in Gardena. The Commission recommended adoption of the Ordinance on a 3- 1 vote with one member absent.
On September 13, 2022 the City Council considered the moratorium ordinance. There were more than a dozen speakers, all of whom spoke in opposition to a ban on STRs.
After hearing the comments and discussion among the Council, a motion to adopt the moratorium ordinance failed. The City Council determined that it would continue the discussion of STRs at the noticed hearing for the adoption of Ordinance No. 1844.
AGENDA STAFF REPORT
STR Discussion
As has been evidenced by public testimony, there are arguments both for and against STRs. Arguments in favor of STRs include:
• Provides additional income to individuals
• Introduces new people to Gardena
• Provides additional customers who will utilize businesses in Gardena • Provides revenue to the City
Arguments against STRs include:
• Impacts the residential character of the neighborhood • Creates nuisances relating to parking and noise
• Reduces the supply of housing, including affordable housing, as these uses drive up housing prices
Should the City Council wish to do a complete ban on STRs as recommended by the Planning Commission, Ordinance No. 1844 can be introduced after a public hearing.
However, if the City Council wishes to allow STRs subject to regulation, then staff will need additional direction on how to proceed which could include specific direction as to an ordinance or direction to hold community workshops. A ny modification to Ordinance No. 1844 would need to first go back to the Planning Commission. Given the complexity of drafting an ordinance that allowed STRs, it is unlikely that such an ordinance could be returned to the City Council before late November or early December.
Possible provisions of an STR ordinance which staff needs direction on are as follows:
• Allow home share only – owner must be present during rental • Limit the type of properties where STRs are allowed, i.e., single family homes and duplexes, not apartments
o Currently properties which have ADUs may not have either unit used for STRs.
• Require that this be person’s primary residence
• Limit the number of STRs one person can have
• Limit the number of people per bedroom
Staff assumes that any ordinance the Council directs to be drafted will require a permit and accompanying fee in addition to a business license fee and payment of TOT.
It is staff’s belief that if STRs are allowed, the City should establish a permit system and regulations.
STRs in Gardena
After the last City Council meeting, the City Manager authorized entering into a $4,000 consultant agreement with Deckard Technologies /Rentalscape to provide important information regarding STRs that currently exist in the City. Generally, it takes several weeks for the system to populate the information for the City. At the meeting on Tuesday night, staff will provide information to date as to th e number of rentals that have been identified to date and the amount of TOT that would have been paid in the past year for such rentals.
While the STRs in Gardena have generated complaints, it is difficult to determine to what level. Police were only able to identify 9 calls in the past 3 years that were identified as STR locations. However, officers do not use terms in their police report that would identify a response as one that involves an STR, so o fficers have likely responded to things such as noise complaints without an identification that the site was an STR. Additionally, Community Development has received approximately 8 calls in the last month relating to STRs that were not logged. These verbal complaints usually start with the caller asking if STRs are allowed because they think the neighbors are renting out their homes based on new cars in the area, noise, and people coming in and out that are not recognized.
In addition to any STRs that Deckard identifies, staff notes that there have been numerous inquiries about STRs in recent months and that it is likely that more STRs could appear in the future.
If the City were to allow STRs, it could only charge a business license fee of $50 which is based on the City’s current business license fee for residential property rentals (Gardena Municipal Code § 5.08.350). A higher fee would have to be approved through a vote of the electorate. The City could also charge a permit fee to recover its costs of regulating STRs. At this point it would be premature to say what such a fee would be. Lastly, the City would be able to collect an 11 percent transient occupancy tax (TOT) on these rentals under Chapter 3.16 of the Gardena Municipal Code.
Conclusion
The City Council should hold a public hearing to discuss these issues. If Ordinance No. 1844 is not introduced as drafted, direction should be provided to staff.
Submitted by: Greg Tsujiuchi Date: September 22, 2022 Prepared by: Lisa Kranitz
Attachments:
• City Council staff report dated August 9, 2022
• Planning Commission staff report dated September 6, 2022 o Draft Ordinance No. 1844
• City Council staff report dated September 13, 2022
o Urgency Moratorium Ordinance
City of Gardena
City Council Meeting
Agenda Item No.: 12.A
Department: Community Development
Meeting Date: August 9, 2022
AGENDA TITLE:
Short Term Rentals for Lodging Discussion
RECOMMENDATION:
Provide direction to staff to draft an ordinance.
BACKGROUND:
Community Development has received numerous inquiries regarding the legality of short term rentals (STRs). An STR is any rental of a dwelling of thirty days or less.
The City’s position has been that because STRs are not listed as an allowed use in the zoning code, they are prohibited. This is known as permissive zoning. The recent case of Keen v. City of Manhattan Beach decided in April of this year renders this argument invalid.
According to the appellate court, Manhattan Beach’s ordinance did not regulate how long a person could stay in a dwelling and therefore rejected the city’s argument that the STRs were prohibited under the theory of permissive zoning. Based on this decision, if Gardena wishes to regulate or prohibit STRs, it will be required to enact a zoning ordinance to do so.
Despite the City’s position that these uses are not allowed, sites such as Airbnb and VRBO have numerous listings for properties within Gardena. Regulations relating to STRs can either be totally permissive, completely prohibitive, or somewhere in between. Various options and possible provisions are as follows:
• Complete ban on STRs
• No regulations on STRs outside of registration, business license fee ($10) and paying TOT (11%)
• Allow home share only – owner must be present during rental
AGENDA STAFF REPORT
o Santa Monica defines home- sharing as renting one or more bedrooms in a primary residence for 30 or fewer consecutive days • Limit the type of properties – single family home, duplexes, apartments o Note that no home which has an ADU or SB 9 unit may be used for STRs. Home sharing may be allowed
• Limit the number of total STRs in the City at any one time o If this option were chosen, then how to choose: first come – first serve until they are filled; deadlines with a lottery; reapply every number of years to give other people a chance
• Require that this be person’s primary residence
o What would the minimum occupancy period be to establish primary residence – some cities are as low as 60 – others require 270 • Limit the number of STRs one person can have – even if through a corporation • Limit the number of rental days allowed per year
• Limit the number of people per bedroom
• Require insurance coverage
• Establish a registration fee
Regulations in neighboring jurisdictions cover a wide range of options:
• Carson – appears to be allowed
• El Segundo – home sharing in property owner’s primary residence only in the R-2 and R-3 zones (Pilot program)
• Hawthorne – allowed with limitations
• Hermosa Beach – only allowed in non- conforming residences in certain non- residential zones, otherwise prohibited by Code
• Inglewood – moratorium
• Lawndale – prohibited by code
• Lomita – prohibited in SB 9 development by Code
• Manhattan Beach – prohibited by Code in residential zones; need to amend for coastal areas
• Redondo Beach - prohibited
• Torrance – in residential zones only allowed as a home share with a host living onsite
It is staff’s belief that regulations are required as these rentals turn residential uses into commercial uses and change the character of the neighborhood. Additionally, there is evidence from various studies that these types of rentals lead to increases in rent and housing prices, thereby reducing the supply of housing, including affordable housing.
Other Short Term Rental Uses
In addition to the traditional STRs of home rentals, owners have begun using their homes for other business enterprises which involve the short-term use of their home.
There are now websites that are devoted to hourly rentals of pools in single- family homes, the most popular of which is www.swimply.com. Additionally, owners are renting their homes for use as event spaces. Currently, there do not appear to be any pools for rent in Gardena. Community Development has received inquiries about using private homes for events such as weddings. Use of homes for these purposes turns a single-family home into a commercial enterprise and can cause neighborhood disruptions.
Unlike STRs for lodging, these uses are prohibited under the Gardena Municipal Code as they are not listed as an allowed use. However, staff believes that such uses should be specifically addressed in accordance with the City Council’s desires.
Conclusion
The City Council should discuss these issues and provide direction to staff to draft an ordinance
.
Submitted by: Greg Tsujiuchi Date: August 4, 2022
Prepared by: Lisa Kranitz
CITY OF GARDENA
PLANNING AND ENVIRONMENTAL QUALITY COMMISSION
STAFF REPORT
RESOLUTION NO. PC 11-22
ZONE TEXT AMENDMENT #2-22
AGENDA ITEM #5.A
DATE: September 6, 2022
TO: Chair Langley and Members of the Planning and Environmental Quality Commission
PREPARED BY: Amanda Acuna, Senior Planner
APPLICANT: City of Gardena
LOCATION: Citywide
REQUEST: Consideration of an Ordinance amending Title 18, Zoning, of the Gardena Municipal Code to prohibit short-term rentals of residences for lodging purposes and short -term rentals of residences for other commercial uses not listed as allowed uses under the Gardena Municipal Code.
BACKGROUND
The Community Development Department has received numerous inquiries regarding the legality of short term rentals (STRs). An STR is any rental of a dwelling of thirty days or less. The City’s position has been that because STRs are not listed as an allowed use in the zoning code, they are pr ohibited. This is known as permissive zoning. The recent case of Keen v. City of Manhattan Beach decided in April of this year renders this argument invalid. Due to this decision , the issue of regulating STRs was brought to the City Council for discussion and to provide direction to staff to draft an ordinance.
On August 9, 2022, the City Council discussed various policy options for STRs and heard concerns from the public on potential loss of neighborhood character and challenges with enforcement. The Council also had concerns on the adverse impacts to noise, trash, crime, traffic, and parking these uses would have to the residential neighborhoods.
After considering the staff report (Attachment A), power point presentation (Attac hment B) and the discussion1, the Council directed staff to draft an ordinance prohibiting all STRs within th e residential zones. At the same meeting Councilmember Francis made a
1 The power point indicates that Inglewood prohibits STRs. However, Inglewood has now adopted an ordinance stringently regulating STRs.
RESO NO. PC 11-22
September 6, 2022
directive to place a moratorium on all STRs within the City. T he directive was seconded by Council Member Henderson and an urgency ordinance is scheduled to go before the City Council at the regularly scheduled meeting of September 13, 2022.
ANALYSIS
The City has already seen the establishment of short -term rentals within the corporate boundaries and has received several inquiries about the legality of having a short -term rental in the City. The desire to operate short-term rentals is expected to increase due to the proximity of Gardena to SoFi Stadium. Online platforms such as Airbnb and VRBO currently have numerous listings for properties within Gardena (Figure 1 – Airbnb Listings).
Figure 1 – Airbnb Listings
RESO NO. PC 11-22
September 6, 2022
Additionally, the Community Development department has received inquiries about using private homes for events such as weddings. Similar to traditional STRs of home rentals, owners have begun using their homes for other business enterprises which involve the short-term use of their home. There are now websites that are devoted to hourly rentals of pools in single-family homes or use of homes as event spaces. Use of homes for these purposes turns a single- family home into a commercial enterprise and can cause neighborhood disruptions. Therefore, the draft ordinance proposes to amend the City’s Zoning Code to prohibit all types of short-term rentals in all residential zones.
ENVIRONMENTAL IMPLICATIONS
The project is exempt from the provisions of CEQA pursuant to Section 15061(b)(3), which exempts projects where it can be seen with certainty that the activity in question does not have a significant effect on the environment.
NOTICING
The public hearing notice for this zoning amendment was published in the Gardena Valley News on August 25, 2022. A copy of Proof of Publication and Affidavit of Mailing are on file in the office of the Community Development Department Room 101, City Hall and are considered part of the administrative record.
On August 20, 2022, the City Clerk ’s office received a public comment (Attachment C) which has been made part of the administrative record.
RECOMMENDATION
Staff recommends the Planning and Environmental Quality Commission to:
1) Open the public hearing;
2) Receive testimony from the public; and
3) Adopt Resolution No. PC 11-22 recommending that the City Council adopt Ordinance No. 1844 (Attachment D).
ATTACHMENT
A – Council Agenda Staff Report
B – Council Power Point Presentation
C – Public Comment Received
D – Resolution No. PC 11-22
Exhibit A: Draft Ordinance 1844
ORDINANCE NO. 1844
1 ORDINANCE NO. 1844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, AMENDING THE ZONING CODE
TO PROHIBIT SHORT-TERM RENTALS
WHEREAS, short-term rentals of residences for lodging purposes and short term rentals of residences for other commercial uses are not listed as allowed uses under the Gardena Municipal Code; and
WHEREAS, based on the recent case of Keen v. City of Manhattan Beach (2022) 77 Cal.App.5th 142, cities may no longer rely on permissive zoning to exclude short-term rentals; and
WHEREAS, Gardena has already seen the establishment of short-term rentals in the City and has received a number of inquiries about the legality of having a short- term rental in the City; and
WHEREAS, the desire to operate short-term rentals is expected to increase due to the proximity of Gardena to SoFi Stadium; and
WHEREAS, the City Council has become aware that people are using their private residences for commercial enterprises such as renting the house or backyard out for events; and
WHEREAS, the City Council has become aware of new platforms that allows people to rent out their pools by the hours; and
WHEREAS, short -term rentals for lodging and other uses have deleterious impacts by increasing noise and traffic, creating parking problems, changing the character of a residential neighborhood, and with the case of housing - creating an impact on housing supply; and
WHEREAS, on September 6, 2022 the Planning Commission of the City of Gardena held a duly noticed public hearing on an amendment to the Zoning Code which would prohibit all short -term rentals in the City after which the Planning Commission adopted Res olution No. PC 11 -22, recommending that the City Council adopt the Ordinance; and
NOW, THEREFORE, the City Council of the City of Gardena does ordain as follows:
SECTION 1. T
hat the above recitals are true and correct and are adopted as the City Council's findings.
Exhibit A
ORDINANCE NO. 1844
2 SECTION 2. Chapter 18.04 of the Gardena Municipal Code is hereby amended by adding Section 18.04.417 and Section 18.04.418 to read as follows:
18.04.417 Short-term day-use rental.
“Short-term day-use rental” means a residential unit, or portion thereof, including any amenity on the premises, that is offered or provided to paying guest(s) for hourly or daily use. Short -term rental day use shall not include the use of any residential unit for which a film permit has been obtained in accordance with Chapter 5.36.
18.04.418 Short-term lodging rental.
“Short-term lodging rental” means a residential dwelling unit, or portion thereof, that is offered or provided to a paying guest(s) for thirty (30) of fewer consecutive nights. The term “short-term rental lodging” shall not include hotels, motels, inns or bed and breakfast inns.
SECTION 3. Section 18.12.040 of the Gardena Municipal Code relating to prohibited uses in the R-1 zone is hereby amended to read as follows:
18.12.040 Uses prohibited.
The following uses are prohibited in the R-1 zone:
A. Short-term day-use rentals;
B. Short-term lodging rentals; and
C. All uses not listed in Sections 18.12.020 and 18.12.030 are deemed to be expressly prohibited in the R-1 zone, except those determined to be similar pursuant to the provisions of Section 18.42.040.
SECTION 4. Section 18.14.040 of the Gardena Municipal Code relating to prohibited uses in the R-2 zone is hereby amended to read as follows:
18.14.040 Uses prohibited.
The following uses are prohibited in the R-2 zone:
A. Short-term day-use rentals;
B. Short-term lodging rentals; and
ORDINANCE NO. 1844
3 C. All uses not listed in Sections 18.14.020 and 18.14.030 are deemed to be expressly prohibited in the R-2 zone, except those determined to be similar pursuant to the provisions of Section 18.42.040.
SECTION 5. Section 18.16.040 of the Gardena Municipal Code relating to prohibited uses in the R-3 zone is hereby amended to read as follows:
18.16.040 Uses prohibited.
The following uses are prohibited in the R-3 zone:
A. Short-term day-use rentals;
B. Short-term lodging rentals; and
C. All uses not listed in Sections 18.16.020 and 18.16.030 are deemed to be expressly prohibited in the R-3 zone, except those determined to be similar pursuant to the provisions of Section 18.42.040.
SECTION 6. Section 18.1 9.050 of the Gardena Municipal Code relating to prohibited uses in the Mixed Use Overlay zone is hereby amended to read as follows:
18.19.050 Uses prohibited.
The following uses are prohibited in the Mixed Use Overlay zone:
A. Short-term day-use rentals;
B. Short-term lodging rentals; and
C. All uses not listed in Sections 18.19.030 and 18.19.040 are deemed to be expressly prohibited in the R-1 zone, except those determined to be similar pursuant to the provisions of Section 18.42.040.
SECTION 7. Section 18. 20.040 of the Gardena Municipal Code relating to prohibited uses in the Commercial-Residential zone is hereby amended by adding a new L and M and relettering subsection L as subsection N to read as follows; all other provisions remain the same:
18.20.040 Uses prohibited.
L. Short-term day-use rentals;
M. Short-term lodging rentals; and
ORDINANCE NO. 1844
4 N. Any other All uses not listed in Section 18.20.020 or 18.20.030, except those determined to b e similar pursuant to the provisions of Section 18.42.040
SECTION 8. Section 18.28.040 of the Gardena Municipal Code relating to prohibited uses in the Home Business zone is hereby amended by adding a new L and M and relettering subsection L as subsection N to read as follows; all other provisions remain the same:
18.28.040 Uses prohibited.
L. Short-term day-use rentals;
M. Short-term lodging rentals; and
N. Uses other than those specifically set forth or provided for in Sections 18.28.020 and 18.28.030, All uses not listed in Sections 18.28.020 and 18.28.030, except those determined to be similar pursuant to the provisions of Section 18.42.040.
SECTION 9. Section 18.36.050 of the Gardena Municipal Code relating to prohibited uses in the M-1 zone is hereby amended to read as follows:
18.36.050 Uses prohibited.
A. Cocktail lounges;
B. Displays and sales of motor vehicles from vacant or unimproved lots;
C. Outdoor sales conducted on vacant lots and not related to the business on the premises; and
D. Residential uses unless the use is an SRO for which a CUP has been approved pursuant to section 18.36.030 or there is an overlay allowing housing on the property;
E. Short-term day-use rentals; and
F. Short-term lodging rentals.
ORDINANCE NO. 1844
5 SECTION 10. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 11. Th e City Clerk shall cause this ordinance to be published as required by law.
SECTION 12. T he City Council finds that, regarding the California Environmental Quality Act (CEQA), there is no possibility that the adoption of this ordinance may have a significant adverse effect on the environment (CEQA Guideline section 15061 (b)(3)).
PA
SSED AND ADOPTED by the City Council of the City of Gardena , California at a regular meeting thereof held on October 11, 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. 12.A
Section: DEPARTMENTAL
ITEMS - COMMUNITY
DEVELOPMENT
Meeting Date: September 13,
2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
URGENCY ORDINANCE NO. 1843
An Urgency Ordinance of the City Council of the city of Gardena, California, Establishing a Temporary Moratorium on Short-Term Rental. The Urgency Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to the commonsense exemption set forth in Guidelines section 15061(b)(3).
COUNCIL ACTION REQUIRED:
Staff Recommendation: Adopt Urgency Ordinance No. 1843, by way of a four-fifths vote.
RECOMMENDATION AND STAFF SUMMARY:
On August 9, 2022, the City Council discussed various policy options for short term rentals and heard concerns from the public on potential loss of neighborhood character and challenges with enforcement. The Council also had concerns on the adverse impacts to noise, trash, crime, traffic, and parking these uses would have to the residential neighborhoods. The Council then directed staff to draft an ordinance prohibiting all short term rentals within the residential zones. At the same meeting Mayor Pro Tem Francis made a directive to place a moratorium immediately prohibiting all short-term rentals. The directive was seconded by Council Member Henderson.
On September 6, 2022 the Planning Commission of the City of Gardena held a duly noticed public hearing on an amendment to the Zoning Code which would prohibit all short-term rentals in the City after which the Commission adopted Resolution No. 11-22, recommending that the City Council adopt the Ordinance. This Ordinance is expected to go before the City Council on September 27, 2022.
However, in order to protect the public health, safety and welfare from adverse impacts of short-term lodging rentals and make clear that other short-term rentals of residential properties are prohibited, a urgency ordinance will need be adopted until such time a permanent ordinance can take effect.
Urgency Ordinance No, 1843 would place a temporary moratorium on all short term rentals within the residential zones in the City. If adopted the ordinance will take effect immediately and will remain in effect forty-five days from the date of adoption. The urgency ordinance will allow for any short-term rental lodging reservation that was made prior to September 13, 2022 and commences before October 31, 2022 to take place provided that the owner of the residence can show proof of the date of the reservation.
FINANCIAL IMPACT/COST:
None.
ATTACHMENTS:
Urgency Ordinance No. 1843.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
1 URGENCY ORDINANCE NO. 1843
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GARDENA, CALIFORNIA, ESTABLISHING A
TEMPORARY MORATORIUM ON SHORT-TERM RENTALS
WHEREAS, Government Code section 65858 provides that the City Council, to protect public health, safety, and welfare, may adopt as an urgency measure an interim ordinance prohibiting certain uses while the City studies those uses; and
WHEREAS, short-term rentals of residences for lodging purposes and short term rentals of residences for other commercial uses are not listed as allowed uses under the Gardena Municipal Code; and
WHEREAS, based on the recent case of Keen v. City of Manhattan Beach (2022) 77 Cal.App.5th 142, cities may no longer rely on permissive zoning to exclude short-term rentals; and
WHEREAS, Gardena has already seen the establishment of short-term rentals in the City and has received a number of inquiries about the legality of having a short- term rental in the City; and
WHEREAS, the desire to operate short-term rentals is expected to increase due to the proximity of Gardena to SoFi Stadium; and
WHEREAS, the City Council has become aware that people are using their private residences for commercial enterprises such as renting the house or backyard out for events; and
WHEREAS, the City Council has become aware of new platforms that allows people to rent out their pools by the hours; and
WHEREAS, short -term rentals for lodging and other uses have deleterious impacts by increasing noise and traffic, creating parking problems, changing the character of a residential neighborhood, and with the case of housing - creating an impact on housing supply; and
WHEREAS, on September 6, 2022 the Planning Commission of the City of Gardena held a duly noticed public hearing on an amendment to the Zoning Code which would prohibit all short -term rentals in the City after which the Planning Commission adopted Resolution No. XXX, recommending that the City Council adopt the Ordinance; and
WHEREAS, the City Council would like to immediately prohibit short -term residential rentals in order to protect the public health, safety and welfare from the 2 impacts listed above on short -term lodging rentals and make clear that other short - term rentals of residential properties are prohibited until such time as it considers a permanent ordinance and if adopted, such ordinance takes effect;
NOW, THEREFORE, the City Council of the City of Gardena does ordain as follows:
SECTION 1. That the above recitals are true and correct and are adopted as the City Council's findings.
SECTION 2 . In order to protect the public health, safety and welfare of the community and pursuant to the provisions of Government Code section 65858, a moratorium is hereby established prohibiting all short-term rentals as defined herein.
SECTION 3. Definitions.
“Short-term lodging rental” means a residential dwelling unit, or portion thereof, that is offered or provided to a paying guest(s) for thirty (30) of fewer consecutive nights.
The term “short -term rental lodging” shall not include hotels, motels, inns or bed and breakfast inns.
“Short-term day-use rental” means a residential unit, or portion thereof, including any amenity on the premises, that is offered or provided to paying guest(s) for hourly or daily use. Short-term rental day use shall not include the use of any residential unit for which a film permit has been obtained in accordance with Chapter 5.36.
SECTION 4. Prohibition.
A. All short-term rentals are hereby immediately prohibited in the City.
B. Notwithstanding the above, any short -term rental lodging reservation that was made prior to September 13, 2022 and commences before October 31, 2022 may be allowed to take place provided that the owner of the residence can show proof of the date of the reservation.
SECTION 5. Relief.
A. The owner of any residence being used for a short-term lodging rental may appeal the termination of the use pursuant to the following administrative procedure:
1. No later than October 14, 2022, the owner or other person with an interest in the property may file a written appeal to the Community Development Director. The request shall state all reasons, including but not limited to alleged abridgements of the 3 appellant’s constitutional rights, and why the prohibition should not be made effective as set forth in Section 4.B.
2. Within 30 calendar days of filing the appeal, the Community Development Director shall meet with the owner and/or his/her representative to discuss the prohibition and the appeal. No later than 10 calendar days following the meeting the
Community Development Director shall provide written notice of his/her decision to the appellant.
3. No later than 10 calendar days from service of the written decision, the appellant may appeal the decision to the City Council by submitting a written notification of the appeal to the City Clerk and paying any applicable appeal fee.
4. No later than 45 days after receipt of the appeal, the City Clerk shall place the appeal on the City Council’s agenda and shall cause notice of said appeal to be published one time, at least 10 days before the hearing.
5. The City Council shall hear the appeal at a regular meeting of the Council. Based on the merits of the case, the City Council shall render a written decision with findings of fact and said decision shall be considered final. No later than 10 calendar days following the meeting the appellant shall be provided with written notice of the City Council’s decision.
6. The City shall take no enforcement action toward requiring termination of the short-term lodging rental use pending the final decision of the City Council.
7. For any short-term lodging rental remaining in operation beyond a reservation that commences on October 31, 2022, the Owner shall be required to obtain a business license from the City and pay the Transient Occupancy Tax in accordance with Chapter
3.16 of the Gardena Municipal Code.
B. There are no appeal rights regarding short-term day-use rental as the prohibition is a declaration of existing law.
SECTION 6. This ordinance is declared to be an urgency measure and interim ordinance adopted pursuant to the provisions of Government Code section 65858.
As set forth in the findings above, this ordinance is necessary for preserving the public health, safety and welfare of the community. Accordingly, upon adoption by a four- fifths vote of the City Council, this ordinance shall take effect immediately. 4 SECTION 7. That this ordinance is adopted by at least a 4/5 vote of the City Council.
SECTION 8. This ordinance shall take effect immediately and be of no further force or effect upon the expiration of forty-five (45) days from the date of adoption, unless extended in accordance with California Government section 65858.
SECTION 9. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 10 . The City Clerk shall cause this ordinance to be published as required by law.
SE CTION 11. The City Council finds that, regarding the California Environmental Quality Act (CEQA), there is no possibility that the adoption of this ordinance may have a significant adverse effect on the environment (CEQA Guideline section 15061 (b)(3)).
P
ASSED AND ADOPTED by the City Council of the City of Gardena , California at a regular meeting thereof held on September 13, 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. 18.A
Section: COUNCIL ITEMS
Meeting Date: September 27,
2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Discussion on the Development of a Policy to Donate Buses to Local Non- Profits
COUNCIL ACTION REQUIRED:
Discuss donating buses to local non-profits and provide staff direction regarding a Bus Donation Policy
RECOMMENDATION AND STAFF SUMMARY:
At the August 9, 2022 Council Meeting, Councilmember Love issued a directive, seconded by Councilmember Francis, to agendize a discussion regarding a policy to donate buses to non- profit organizations. The recommendation is for Council to provide staff with direction as to whether or not Council would like to develop a policy to donate buses to non-profits and if staff is to prepare and present a bus donation policy.
FTA Requirements Regarding Federal Assets
GTrans buses are typically purchased with federal funds. According to FTA Circular 5010. E, for buses that were purchased with federal funds, grantees may not dispose of an asset before end of its useful life, which in the case of a 40-foot bus is a minimum of either 12 years or 500,000 miles. GTrans has the goal of trying to replace vehicles close to this date, but often due to lack of funding, must wait longer to accumulate needed capital replacement funds. So as with most transit agencies, buses are often in use longer than the 12 years.
As vehicles get older, they become more costly to maintain, requiring more labor and parts, and have a greater potential to disrupt service when they are in use. When GTrans is ready to dispose of its buses, they are typically auctioned off by a third party and the proceeds, less the administrative fees, are returned to GTrans for use with its capital program. In the past, buses have generated between $2,000 - $4,000 dollars, depending on the age and type of bus that was auctioned. According to the regulations, FTA is entitled to a portion of proceeds from a sale of over $5,000, which must be returned to them.
GTrans Fleet Maintenance and Disposition Plan
As previously stated, as the fleet gets older, buses become more costly to maintain, and because of this there is not typically a secondary market for vehicles which reach this stage, other than from the City’s Sister City of Huatabampo. And, Huatabampo has let us know they were only interested in GTrans’ diesel-powered buses and not its current outgoing fleet of gasoline hybrid buses, because diesel buses are more universal to maintain. The gasoline- hybrid buses – 42 of which are now the vehicles slated for disposal over the next three years – are some of the most challenging and costly buses to maintain. This is due to the technical expertise it requires to maintain the buses, along with the high cost and availability of the parts. Below is a summary of the major parts required for these buses, along with their cost and lead time:
Parts
Unit
Cost
Notes
Duo Inverters
$36,000
Need two per bus; Lead time 17+
weeks
Mono Inverters
$12,000
Need four per bus; Lead time of
22+ weeks
Flanders Gear
Box
$24,000
Lead time of 14+ weeks
Siemens 200 kW
generator
$27,000
Lead time of 14+ weeks
Drive Motors
$20,000
Need two per bus; Lead time is 8+
weeks
In FY2022, the average cost to maintain a gasoline hybrid electric bus was $22,893, including parts and labor. This is more than double the cost of one of GTrans’ current electric or CNG fleet of vehicles. Furthermore, hybrid buses accounted for nearly 85 percent of the mechanical system failures, which prevent the bus from completing its revenue service trip. These specific challenges are why in 2018, the FTA allowed GTrans to early-retire seven of its worst- performing buses.
As new CNG and zero-emission battery electric replacement buses arrive over the course of the next several years, GTrans has projected a schedule for disposal of the retired buses.
Fleet
Year
Quantity
Model
Disposal Target
Year
2005
14 New Flyer 40-Foot Gasoline Hybrid
Electric
2023
2009
17 New Flyer 40-Foot Gasoline Hybrid
Electric
2024
2010
11 New Flyer 40-Foot Gasoline Hybrid
Electric
2023
2015
1 BYD Electric Bus
2025
Total
43 Policy Guidance to Consider
In the development of a policy on donating buses to community non-profits, several components should be considered:
Eligibility Criteria for Interested Non-Profits
1. Technical expertise to maintain buses and perform appropriate preventative maintenance
2. Ability to provide proof of insurance
3. Confirmation that potential drivers will have all applicable licenses and training
4. Proof of adequate financial capacity to maintain buses
Guidelines for Selecting Non-Profits for Bus Donation
Equally important is obtaining policy guidance from Council on what criteria should be used to select the successful non-profit for bus donation, as well as who should actually select the specific non-profits to receive the buses.
FINANCIAL IMPACT/COST:
The estimated cost to GTrans is unknown at this time, and depends on the ultimate valuation of the vehicles at the time of disposal, and the portion of that value exceeding $5,000 required to be returned to the FTA. There is no impact to the General Fund.
ATTACHMENTS:
APPROVED:
___________________________________
Clint Osorio, City Manager