GARDENA CITY COUNCIL
Regular Meeting Notice and Agenda
Council Chamber at City Hall
1700 West 162
nd
Street, Gardena, California
Website:
www.cityofgardena.org
Tuesday, November 14, 2023
Closed Session 7:00 p.m.
Open Session 7:30 p.m.
TASHA CERDA
,
Mayor
MARK E. HENDERSON
,
Mayor Pro Tem
RODNEY G. TANAKA
,
Council Member
PAULETTE C. FRANCIS
,
Council Member
WANDA LOVE
,
Council Member
MINA SEMENZA
,
City Clerk
GUY H. MATO,
City Treasurer
CLINT OSORIO
, City Manager
CARMEN VASQUEZ
,
City Attorney
LISA KRANITZ
,
Assistant City Attorney
If you would like to participate in this meeting, you can participate via the following options:
1 .
VIEW THE MEETING live on SPECTRUM CHANNEL 22 or ONLINE at youtube.com/CityofGardena
2 .
PARTICIPATE BEFORE THE MEETING
by emailing the Deputy City Clerk at
[email protected]
by 5:00p.m. on the day of the meeting and write
"Public Comment" in the subject line.
3 .
ATTEND THE MEETING IN PERSON
PUBLIC COMMENT
:
The City Council will hear from the public on any item on the agenda or any item of interest that is not on the agenda at the following times:
Agenda Items – At the time the City Council considers the item or during Oral Communications
Non-agenda Items – During Oral Communications
Public Hearings – At the time for Public Hearings listed on the Agenda If you wish to address the Council, please complete a “Speaker Request” form and present it to the City Clerk or Sergeant of Arms. You will be called to the podium by name when it is your turn to address the Council. The City Council cannot legally take action on any item not scheduled on the Agenda. Such items may be referred for administrative action or scheduled on a future Agenda. Members of the public wishing to address the City Council will be given three (3) minutes to speak. 4 .
The City of Gardena, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk's Office by phone (310) 217-9565 or email
[email protected]
at least 24 business
hours prior to the scheduled general meeting to ensure assistance is provided. Assistive listening devices are available.
1. ROLL CALL
2. CLOSED SESSION
2.A
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Gov. Code Section 54956.9(d)(1)
Zoila Monroy, Aragon; Genesis Dubon; and Kelly Dubon v. City of Gardena, et al.
L.A. Sup. Ct. Case No.: 20STCV46821
2.B
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 1112 W. Gardena Blvd., Gardena, CA 90
247; APN:
6111-004-032, 6111-
004-033
Agency Negotiator: Clint Osorio, City Manager and Greg S. Tsujiuchi, Director of Community Development
Negotiating Parties:
Shar P & J Family Trust represented by
Darryll Hamilton,
Thompson Team Real Estate
Under Negotiation: Price and Terms of Payment
2.C
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 15106 Nader Place/15106 Daphne Ave, Gardena, CA; APN: 4064-023- 024
Agency Negotiator: Clint Osorio, City Manager and Greg S. Tsujiuchi, Director of Community Development
Negotiating Parties: Saturo Toga and Eiko Onagi represented by: Bryant Hoover, Thompson Team Real Estate.
Under Negotiation: Price and Terms of Payment
3. PLEDGE OF ALLEGIANCE
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions Thank you for your attendance and cooperation
PUBLIC COMMENT ON CLOSED SESSION
CITY ATTORNEY REPORT OUT OF CLOSED SESSION
4. INVOCATION
Restoration Church
Pastor Cherie Moore
5. PRESENTATIONS
5.A
Legislative Update -
Presented by Senator Steven Bradford
5.B
Certificate of Recognition to
South Bay Environmental Services Center (SBESC)
Volunteer, Maria Fonseca, who has contributed 130 hours of cumulative service, overseen by the South Bay Cities Council of Governments (SBCCOG) - to be
accepted by Maria Fonseca
Certificate Recognition - Maria Fonseca.pdf
5.C
Gardena Events Video Presentation
6. PROCLAMATIONS
6.A
"2023 Small Business Saturday, November 25, 2023" -
To be Proclaimed Only
Proclaim Only-Small Business Saturday 2023.pdf
7. APPOINTMENTS
8. CONSENT CALENDAR
NOTICE TO THE PUBLIC
- Roll Call Vote Required On The Consent Calendar
All matters listed under the Consent Calendar will be enacted by one motion unless a Council Member requests Council discussion, in which case that item will be removed from the Consent Calendar and considered separately following this portion of the agenda.
PUBLIC COMMENT ON CONSENT CALENDAR
8.A
Waiver of Reading in Full of All Ordinances Listed on this Agenda and that they be Read by Title Only
CONTACT: CITY CLERK
8.B
Approve Minutes:
Amended Regular Meeting of the City Council, October 10, 2023 Study Session of the City Council, October 24, 2023
Regular Meeting of the City Council, October 24, 2023
CONTACT: CITY CLERK
10102023 Amended REGULAR Minutes CC Meeting - FINAL.pdf
10242023 Study Session Minutes - FINAL.pdf
10242023 REGULAR Minutes CC Meeting - FINAL.pdf
8.C
Receive and File of Minutes:
Planning and Environmental Quality Commission, August 15, 2023 CONTACT: COMMUNITY DEVELOPMENT
PEQC August 15, 2023 Minutes
8.D
Approval of Warrants/Payroll Register, November 14, 2023 CONTACT: CITY TREASURER
Warrant-Payroll Register 11-14-23.pdf
8.E
Personnel Report P-2023-18 11-14-23
CONTACT: HUMAN RESOURCES
PERS RPT P-2023-18 11-14-23.pdf
8.F
RESOLUTION NO. 6648,
Amending the List of Authorized Games and Authorizing
the Play of Certain Games in Licensed Card Clubs
CONTACT: CITY MANAGER
Hustler Casino - Department of Justice Temporary approval of game.pdf
Hustler Casino - Modified Game Temporary Approval Request.pdf
Lucky Lady Casino - Department of Justice Temporary approval of game.pdf
Lucky Lady Casino - Modified Game Temporary Approval Request .pdf
RESO NO. 6648.pdf
8.G
RESOLUTION NO. 6647
, Approving the Acceptance and Award from the State of
California Department of Alcoholic Beverage Control's ABC-OTS Grant in the Amount of $40,000.00
CONTACT: POLICE
ABC grant application Oct 2023.pdf
Gardena PD AWARD letter $40k.pdf
ABC_Reso_&_Contract.pdf
8.H
Acceptance and Notice of Completion for the Pedestrian Safety Improvement FY 2022-2023 Project (Phase 2), JN 513
CONTACT: PUBLIC WORKS
NOC_Ped Safety_JN 513.pdf
8.I
Acceptance and Notice of Completion for the Vermont Avenue Street Improvements from Artesia Boulevard to Gardena Boulevard project, JN 959 C
ONTACT: PUBIC WORKS
NOC JN959.pdf
8.J
Approve Seven Month Tire Lease Contract Extension with Michelin North America, Inc. at a cost of $62,000
CONTACT: TRANSPORTATION
Third Amendment to Agreement with Michelin.pdf
City of Gardena Agreement with Michelin and Amendments.pdf
9. EXCLUDED CONSENT CALENDAR
10. PLANNING & ENVIRONMENTAL QUALITY COMMISSION ACTION SHEET
10.A
NOVEMBER 7, 2023 MEETING
SECOND REQUEST FOR EXTENSION
The Planning Commission considered a second request for an extension of time for Tentative Parcel Map No. 82410, to subdivide a 17,221 square foot property at 15906-15908 S. Manhattan Place creating two separate parcels in the Low- Density Multiple-Family Residential (R-2) zone.
LOCATION: 15906-15908 S. Manhattan Place
APPLICANT: Nancy Hurt Canady
Commission Action: The Planning Commission approved a second request for an extension of time for Tentative Parcel Map No. 82410 (TM #1-18), by a vote of 4-0, granting an additional 12-month extension.
City Council Action
: Receive and file, call for review (by way of two votes).
10.B
NOVEMBER 7, 2023 MEETING
FIRST MODIFICATION TO CONDITIONAL USE PERMIT #13-17
The Planning Commission reviewed a request for a modification to Conditional Use Permit #13-17, to add to an additional prefabricated storage container to the property and other site changes for a landscaping contractor's yard and determination that the project qualifies for both a Class 3 and Class 11 categorical exemption, pursuant to the California Environmental Quality Act.
LOCATION: 1650 W 130th Street (APN: 6102-006-005)
APPLICANT: Antonio Valenzuela (Mariposa Landscapes Inc) Commission Action:
The Planning Commission approved Resolution No. PC 15-
23, by a vote of 4-0, approving Modification to CUP #13-17, and directed staff to file a Notice of Exemption.
City Council Action
: Receive and File, or Call for review (by way of two
votes).
10.C
NOVEMBER 7, 2023 MEETING
ZONE TEXT AMENDMENT #6-23
The Planning Commission considered a recommendation to the City Council on adoption of Ordinance No. 1860 to repeal and readopt Chapter 18.43 of the Gardena Municipal Code relating to Density Bonus Laws, and finding the Ordinance to be exempt pursuant to the common sense exemption of CEQA Guidelines Section 15061(b)(3).
Commission Action:
The Planning Commission approved Resolution No. PC 19-
23, by a vote of 4-0, recommending that the City Council adopt Ordinance No. 1860.
City Council Action
: Receive and File. This item will be brought forth to the Council for review at a future City Council meeting.
2023_11_07 PCAX
11. ORAL COMMUNICATIONS (LIMITED TO A 30-MINUTE PERIOD) Oral Communications by the public will be heard for one-half hour at or before 8:30 p.m. or at the conclusion of the last agenda item commenced prior to 8:30 p.m. Oral Communications not concluded at that time shall be resumed at the end of the meeting after Council Reports. Speakers are to limit their remarks to three minutes, unless extended by the Mayor. An amber light will appear to alert the speaker when two minutes are complete, and a red light will appear
when three minutes are over. Your cooperation
is appreciated.
11.A
PUBLIC COMMENT
11-14-2023 Regular CC Meeting - PC #1 - Oral Communications_Redacted.pdf
11-14-2023 Regular CC Meeting - PC #2 - Oral Communications.pdf
12. DEPARTMENTAL ITEMS - ADMINISTRATIVE SERVICES
13. DEPARTMENTAL ITEMS - COMMUNITY DEVELOPMENT
13.A
Continuation of Public Hearing Adoption of Fees Relating to Home Sharing.
Staff Recommendation: No action needed by City Council. This Item will be brought to the City Council at a future meeting date.
Office Memorandum 11-08-23 - Home Sharing.docx
14. DEPARTMENTAL ITEMS - ELECTED & CITY MANAGER'S OFFICES
14.A
Discuss and Consider Changing Council Meeting Start Time Staff Recommendation: Discuss and provide staff with direction.
14.B
Discussion of Amending Section 2.04.170 of the Gardena Municipal Code Pertaining to City Council Compensation in Light of Senate Bill 329 Staff Recommendation: Discuss and provide staff with direction.
14.C
ORDINANCE NO. 1859
, Amending Section 2.66.090 (Compensation) of Chapter
2.66 (Gardena Economic Business Advisory Commission) and Section 2.68.110 (Compensation) of Chapter 2.68 (Gardena Beautification Commission) of Title 2 (Administration and Personnel) of the Gardena Municipal Code; and RESOLUTION NO. 6646
, Amending Resolution No. 4868 by Adding Subsections
(E) and (F) to Section 1 of Said Resolution Relating to the Compensation of Members of the Gardena Economic Business Advisory Commission and Gardena Beautification Commission
Staff recommendation: Introduce Ordinance No. 1859 and Adopt Resolution No. 6646
ORDINANCE No. 1859.rtf.pdf
RESOLUTION_No._6646.rtf.pdf
15. DEPARTMENTAL ITEMS - POLICE
16. DEPARTMENTAL ITEMS - PUBLIC WORKS
16.A
Approve a Construction Contract Change Order to Ruiz Concrete and Paving, Inc., in the amount of $11,062.50 for the Traffic Detour and Temporary Pavement for UPRR Improvements Phase of the Artesia Boulevard Arterial Improvement Project from Western Avenue to Vermont Avenue, JN 935
Staff Recommendation: Approved Contract Change Order to Ruiz Concrete and Paving, Inc.
JN 935 Contract Change Order 01.pdf
17. DEPARTMENTAL ITEMS - RECREATION & HUMAN SERVICES
18. DEPARTMENTAL ITEMS - TRANSPORTATION
18.A
Amend Purchase of Zero-Emission Buses to Include Purchase of Zero-Emission Bus Chargers a Revised Total of $9,134,691, and an Overall Program Total of $10,048,161.
Staff Recommendation: Approve Amendment to Purchase
WA DES Cooperative Purchasing Agreement for Transit Buses No. 06719 with City of Gardena.pdf
HVC-C_Depot-Charger_UL_Data-Sheet_F.pdf
Council Approval of Purchase of 7 Gillig Buses 3_22_2022.pdf
18.B
Approve Purchase of a Two-Year Service Level Agreement with ABB for Electric Bus Chargers for $65,885 and a Project Total of $72,474 Staff Recommendation: Approve Purchase
City of Gardena Agreement with ABB.pdf
19. COUNCIL ITEMS
20. COUNCIL DIRECTIVES
21. CITY MANAGER REMARKS RE: DIRECTIVES / COUNCIL ITEMS
22. COUNCIL REMARKS
1 .
COUNCIL MEMBER LOVE
2 .
MAYOR PRO TEM HENDERSON
3 .
COUNCIL MEMBER FRANCIS
4 .
MAYOR CERDA
5 .
COUNCIL MEMBER TANAKA
23. ANNOUNCEMENT(S)
24. REMEMBRANCES
Seargant
Huey Meador,
Huey served in the United States Marine Corps and participated in the City's
Veterans Day celebrations.
25. ADJOURNMENT
The Gardena City Council will adjourn to the Closed Session portion of the City Council Meeting at 7:00 p.m. followed by the Regular City Council Meeting at 7:30 p.m. on Tuesday, November 28, 2023.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted in the City Hall lobby not less than 72 hours prior to the meeting. A copy of said Agenda is available on our website at www.CityofGardena.org
.
Dated this 9th Day of November 2023
/s/ MINA SEMENZA
MINA SEMENZA, City Clerk
TO BE PROCLAIMED ONLY
““22002233 SSMMAALLLL BBUUSSIINNEESSSS SSAATTUURRDDAAYY””
NNOOVVEEMMBBEERR 2255,, 22002233
The City of Gardena ha s a lways celebrated and supported our local small businesses and acknowledge the contributions they make to our local economy and community.
According to the U.S. Small Business Administ ration, there are 33 million small businesses in the United States which represent 99.7 percent of businesses with paid employees, and they are responsible for 62% of net new jobs created since 1995.
Reports show th at U.S. consumers agree that small businesses contribute positively by supplying jobs and generating tax revenue, and consumers also agree that small businesses are critical to the overall economic health of the United States.
The City of Gardena acknowledges that our local businesses create jobs, boost our local economy, and preserve our neighborhoods. Small Business Saturday has become an important part of small businesses’ busiest shopping season of the year.
There are advocacy groups , including Women Impacting Pubic Policy (WIPP) , as well as other public and private or ganizations across the count ry, who a nnually endorse the Saturday after Thanksgiving Day as “Small Business Saturday.”
In support of this annual observance, the City of Gardena is hereby pleased to proclaim Saturday, November 25, 2023, as
22002233
SSMMAALLLL BBUUSSIINNEESSSS SSAATTUURRDDAAYY
and urge Gardena ’s citizens, as well as citizens in communities across this nation, to support their local small businesses and merchants not only on Small Business Saturday, but throughout the year.
1 MINUTES
Regular Meeting Notice of the
Gardena City Council
Tuesday, October 10, 2023
The Regular Meeting Notice and Agenda of the Gardena City Council of the City of Gardena, California, was called to order at 7:44 PM on Tuesday, October 10, 2023, in the Council Chamber at City Hall 1700 West 162
nd Street, Gardena, California; Mayor Tasha Cerda
presiding.
1. ROLL CALL
Present: Mayor Tasha Cerda; Mayor Pro Tem Mark E. Henderson; Council Member Rodney G. Tanaka; Council Member Paulette C. Francis and Council Member Wanda Love; Other City Officials and Employees present: City Manager Clint Osorio; City Attorney Carmen Vasquez; City Treasurer Guy H. Mato; City Clerk Mina Semenza; and Deputy City Clerk Becky Romero.
PUBLIC COMMENT ON CLOSED SESSION - None
2. CLOSED SESSION - None
CITY ATTORNEY REPORT OUT OF CLOSED SESSION - None
3. PLEDGE OF ALLEGIANCE
Abby Childe rs, Daniel Kwak , and Sarah Tapia led the Pledge of Allegiance. All three 11th-grade students attend Pacific Lutheran Junior / Senior High School. Abby leads the praise band at school. Daniel is the Student Government Representative for his class and Sarah is actively involved in the Yearbook. All three students thanked all Members of the Council for having them tonight.
4. INVOCATION
Pastor Nathaniel Session, of Enlightened Ministry Bible Church, gave the Invocation.
5. PROCLAMATIONS
5.A Domestic Violence Awareness Month - October 2023 – was accepted by the Rainbow Services Community Engagement Team
6. APPOINTMENTS – No Appointments were made
7. PRESENTATIONS
7.A Public Works Presentation of Second Quarter CIP Project Updates - Director of Public Works Allan Rigg led the PowerPoint presentation. Public Works Second Quarter Capital Improvements Project updates were given, including future projects.
2 Mayor Cerda thanked Director Rigg for all the updates and constant communication, specifically for the Artesia/Normandie project. She also ha d questions about the demo phase percentage for the Rosecrans Community Center Project.
Council Member Francis asked if the underground vault in the Chase Building would be saved.
Council Member Love gave recognition to Kevin Kwak for going after and getting the grant of almost $13 million.
Council Member Tanaka asked about the signal timing and lane occupancy.
Mayor Pro Tem Henderson thanked Public Works for the report and asked a question about the data that is in our GIS and security.
Director Rigg answered all of Council’s questions.
7.B Gardena Events Video Presentation
8. CONSENT CALENDAR
8.A Waiver of Reading in Full of All Ordinances Listed on this Agenda and that they be Read by Title Only
CONTACT: CITY CLERK
8.B Approve Minutes:
Amended Regular Meeting of the City Council, September 12, 2023 Regular Meeting of the City Council, September 26, 2023 CONTACT: CITY CLERK
8.C Approval of Warrants/Payroll Register, October 10, 2023 CONTACT: CITY TREASURER
October 10, 2023: Wire Transfer: 12 552-12559; Pre-Pay: 173552-173554; Check Numbers: 17 3555-173724 for a total Warrants issued in the amount of $3,031,050.62; Total Payroll Issued for October 6, 2023: $1,774,442.50.
8.D Personnel Report P-2023-16 10-10-23
CONTACT: HUMAN RESOURCES
8.E Approve Amendment 2 and Authorize the City Manager to Execute the Amended Agreement by and Between City of Gardena and the Los Angeles County Metropolitan Transportation Authority for Net Toll Revenue Re-Investment Grant CONTACT: TRANSPORTATION
3 It was moved by Council Member Francis, seconded by Mayor Cerda , and carried by the following roll call vote to A pprove the Consent Calendar with the exceptions of Items 8.C and 8.E:
Ayes: Council Member Francis, Mayor Cerda, Mayor Pro Tem Henderson, Council Members Tanaka, and Love
Noes: None
Absent: None
9. EXCLUDED CONSENT CALENDAR
8.C CITY TREASURER - Approval of Warrants/Payroll Register, October 10, 2023 - Item pulled by Council Member Francis
Council Member Francis stated she noticed there was a payment made to the Casino for the Economic Assistance Agreement in the amount of $30,000 and wanted to know what year we were in the agreement and if we are obligated to provide economic assistance to the Casino; she also asked if the payments were made quarterly. City Manager Osorio explained how the agreement works and answered all questions.
It was moved by Council Member Francis, seconded by Council Member Love, and carried by the following roll call vote to Approve Item 8.C:
Ayes: Council Members Francis and Love, Mayor Pro Tem Henderson, Council Member Tanaka, and Mayor Cerda
Noes: None
Absent: None
8.E TRANSPORTATION - Approve Amendment 2 and Authorize the City Manager to Execute the Amended Agreement by and Between City of Gardena and the Los Angeles County Metropolitan Transportation Authority for Net Toll Revenue Re- Investment Grant – Item pulled by Council Member Francis
Council Member Francis asked for confirmation that to her understanding GTrans will be getting a million dollars for the amended agreement and the reasoning behind the amendment is to extend the time/deadline. City Manager Osorio answered all questions.
It was moved by Council Member Francis, seconded by Mayor Pro Tem Henderson, and carried by the following roll call vote to Approve Item 8.E:
Ayes: Council Members Francis, Mayor Pro Tem Henderson, Council Members Tanaka and Love, and Mayor Cerda
Noes: None
Absent: None
10. PLANNING & ENVIRONMENTAL QUALITY COMMISSION ACTION SHEET
10.A OCTOBER 3, 2023 - Meeting Cancelled
4 11. ORAL COMMUNICATIONS
1) Wendi Huntzicker, expressed her concerns and wishes that Gardena could find funds to help enforce the no U-turn laws on Redondo Beach Blvd. Mayor Cerda asked that she speak to the Chief of Police on her way out.
2) B ryant Avila , accompanying him was his neighbor, Alex. Mr. Avila wanted to bring to the Council's attention the issue they are experiencing on Berendo and Redondo Beach Blvd where there have been multiple crashes; he is requesting camera installation and bumps on Berendo to stop the speeding. Alex, the neighbor also expressed his concerns and spoke of about all the tragedies in this area. Mayor Cerda asked them to speak to the Chief of Police to help. 3) T ravis Hernandez , Interim Manager for the Masao W. Sato Librar y; he came to announce library events for the Gardena Mayme Dear and the Masao W. Sato Libraries.
11.A PUBLIC COMMENTS
1) Mina Semenza - noted for the record the three (3) public comment email s that were received. For the record there were two (2) public comment emails that came in under Oral Communications . The comment s w ere posted on our website, the Council was provided copies and copies were put in the Public Review binder at the entrance of the Council Chamber.
12. DEPARTMENTAL ITEMS - ADMINISTRATIVE SERVICES
12.A Approve Citywide Copier Contract with M&S Technology Group, LLC (Doing Business as Circle) for an estimated $308,373 for the period December 1, 2023 through December 1, 2028
City Manager Osorio presented the Staff Report.
Mayor Cerda asked if anyone asked to speak on this item and if the Council had any comments or questions. There were no public speakers.
Mayor Pro Tem Henderson and Francis had questions regarding the new printers and the maintenance of the copiers. City Manager Osorio answered all questions.
It was moved by Mayor Pro Tem Henderson, seconded by Council Member Tanaka, and carried by the following roll call vote to Approve Proposal:
Ayes: Mayor Pro Tem Henderson, Council Members Tanaka, Francis and Love, and Mayor Cerda
Noes: None
Absent: None
13. DEPARTMENTAL ITEMS - COMMUNITY DEVELOPMENT
13.A ORDINANCE NO. 1856 , Amending Chapters 18.04 and 18.13 of the Gardena Municipal Code relating to Accessory Dwelling Units and making a determination that the Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.17
5 ORDINANCE NO. 1856
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GARDENA, CALIFORNIA, AMENDING
CHAPTERS 18.04 AND 18.13 OF THE GARDENA
MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND MAKING A DETERMINATION
THAT THE ORDINANCE IS EXEMPT FROM CEQA
PURSUANT TO PUBLIC RESOURCES CODE
SECTION 21080.17
City Manager Osorio presented the Staff Report.
Senior Planner, Amanda Acuna gave the PowerPoint presentation and was available to answer any questions. Assistant City Attorney, Lisa Kranitz and Director of Community Development, Greg Tsujiuchi were present to answer any questions.
At 8:44 p.m., Mayor Cerda announced that the Public Hearing was open. She asked if anyone had asked to speak on this item and if the Council had any comments or questions.
Public speaker: Mariya Wrightsman, spoke in opposition to Ordinance No. 1856.
City Clerk Semenza added that we received one (1 ) public comment email that was given to all Council Members tonight and entered into the record.
Questions and comments were made by Council Members Francis and Tanaka regarding Ordinance No. 1856. Senior Planner Acuna answered all questions.
At 8:52 p.m., Mayor Cerda then announced that the Public Hearing was closed.
Ordinance No. 1856 was introduced by Council Member Francis.
It was moved by Council Member Francis, seconded by Council Member Tanaka, and carried by the following roll call vote to Introduce Ordinance No. 1856:
Ayes: Council Members Francis and Tanaka, Mayor Pro Tem Henderson, Council Member Love, and Mayor Cerda
Noes: None
Absent: None
14. DEPARTMENTAL ITEMS - ELECTED & CITY MANAGER'S OFFICES – No Items
15. DEPARTMENTAL ITEMS – POLICE – No Items
16. DEPARTMENTAL ITEMS - PUBLIC WORKS – No Items
6 17. DEPARTMENTAL ITEMS - RECREATION & HUMAN SERVICES – No Items
18. DEPARTMENTAL ITEMS – TRANSPORTATION – No Items
19. COUNCIL ITEMS
19.A Discuss and Consider the Revised City Council Policy Statement prohibiting the City from co-hosting any events with individual City Council Members
City Manager Osorio presented the Staff Report.
Mayor Cerda asked if anyone asked to speak on this item and if the Council had any comments or questions.
Public Speakers: Carrie Scott and Barbara Phillips spoke in opposition.
Mayor Cerda commented and answered their questions.
Tamara Williams spoke and voiced her concerns about properly educating everyone on what this subject is truly about.
Questions and comments were made by Council Member Love, Mayor Cerda, Council Members Francis and Tanaka, and Mayor Pro Tem Henderson.
City Manager Osorio itemized the proposed revisions that were noted as follows:
(1) Removing the Brown Act language.
(2) Pertaining to Non- profits, the suggested phrase is as follows: If the event is co-hosted with a N on-Profit 501(c)(3) the Council Member names will not be listed.
Mayor Cerda made a motion to adopt the revised City Council Policy Statement considering the removal of the Brown Act and adding the verbiage stated by City Manager Osorio as it relates to the Non-P rofits and removing Council Members' names. City Manager Osorio clarified that it will be called just “Non-Profits”.
City Attorney Vasquez stated that the concern would be if all the Non-Profits that the city co-sponsors events with are 501(c). She believes that the intent of the Council is that it does not affect all Non-Profits.
Mayor Cerda paraphrased her motion to adopt the revision of the City Council Policy Statement, with the exception of the Brown Act and adding the verbiage Non-P rofits and take off the individual names of the Council Members.
Council Member Francis then asked if we could add “Community Organizations” as a friendly amendment to Mayor Cerda’s motion.
Council Member Francis asked if we could add the language to the last sentence that reads “unless the Non-Profit or Community Organization chooses to include all five names.”
7 City Attorney Vasquez then stated for clarification to Madam Mayor’s motion that you are trying to adopt the proposed policy statement with the exception of bullet point 4, as it pertains to bullet point 3 after the period, after it says social media, to include language that would state if the event is co- hosted with a Non- Profit or a Community Organization, Council Member names will not be listed, unless the Non- Profits or Community Organization chooses to include all five names. She then asked if that is your motion Madam Mayor.
Mayor Cerda then said that’s not the motion she would like to make.
Council Member Love then stated this was never about Non- Profits; she then asked for clarification if a Non -Profit partners with the City , that the Non -Profit does not have to provide insurance.
City Attorney Vasquez stated if the event is being co- hosted with the City, the City’s insurance is in place.
Mayor Cerda then asked City Attorney Vasquez for clarification of the motion.
City Attorney Vasquez clarified the motion.
Council Member Love asked do we have to include the Non- Profits and Community Organizations or if we could just keep it with the Council and the City, leave it the way it was originally written.
City Attorney Vasquez replied a lot of your City events are co- hosted with Community organizations, and Non- Profits on those flyers as you see, it names the organization and the City or Gardena; as it currently states, if you don’t carve out language that the event is co- hosted with a Non- Profit or Community Organization, all Council Members names will be listed.
Council Member Francis then stated the way it’s going, she is concerned about Non-Profits and Community Organizations.
Mayor Cerda then stated the best option is that City events include the City of Gardena.
It was moved by Mayor Cerda , seconded by Council Member Francis , and carried by the following roll call vote to Adopt the Adoption of the revised City Council Policy Statement taking off bullet point number 4 as it relates to the Brown Act; All event flyers must list the name City of Gardena:
Ayes: Mayor Cerda, Council Member Francis, Mayor Pro Tem Henderson and Council Member Tanaka
Noes: Council Member Love
Absent: None
8 20. COUNCIL DIRECTIVES
Council Member Francis
1) Asked staff to amend the Ordinance to include the Beautification Commission and Gardena Economic Business Advisory Commission (GEBAC) to receive compensation to commensurate with all other commissions with the exception of the Planning Commission and Youth Commission who receive different compensation - Council Member Love seconded it.
Purpose – To equalize our policy.
Reason – To create inclusiveness.
Benefit – To make it fair to all boards and commissions.
21. CITY MANAGER REMARKS RE: DIRECTIVES / COUNCIL ITEMS
City Manager Osorio gave a verbal report of information to follow -up on matters that had been directed or requested by the Mayor and Members of Council. Those items were, as follows:
1) Memo regarding an update on Council directive on the Neighborhood Resilience Initiative Grant. Basically, this is a long process, and we are currently working with the COG to determine several options.
2) City Manager Osorio wished Mayor Pro Tem Henderson, Director Rigg, and Assistant City Attorney Kranitz a Happy Birthday. He also wished Khoi a Happy Birthday.
Mayor Cerda wished Khoi Quach (city staff member) a special Happy Birthday.
22. COUNCIL REMARKS
1) COUNCIL MEMBER FRANCIS – Since the last C ouncil Meeting, Council M ember Francis attended the Youth Baseball Awards Banquet, Gardena Holly Park Homeowner’s Association, Al Muratsuchi’s Town Hall Meeting, and Peary Middle School’s Community Garden Grand Re-Opening, where she was also a speaker. She remarked how only two weeks prior, on Keep Gardena Beautiful Day, they filled up three bins with weeds and trees. Now the paths were clear, and sidewalks were visible with twenty -four community plots laid out. She described it as a wonderful event for the community and young people to work on gardening projects. She went on to share that when she first got on the C ouncil, she had some concerns about the relationship and partnership between our Gardena Community of Schools. She spoke with former Superintendent Romero, Superintendent Spicer (?) and arranged a meeting with Chief Saffell and our school administration to get further clarification of relationships and how we can all work together. She referenced our mission statement to get young people involved to promote civic engagement and grow better participants in our community. She then reminded everyone that she, in collaboration with Senator Bradford, Assemblymember Tina McKinnor and Neighborhood Housing Services for Los Angeles County, will be hosting a Homeownership Fair on Saturday, October 14, 2023, from 9:00 a.m. to 1:00 p.m. at Rowley Park Auditorium. They will
9 be discussing how to straighten out your credit, how to get financial assistance through loans, down payment assistance for low to moderate income holders, available financing for ADUs and promoting Don’t Move, Improve, which encourages people to improve their homes as opposed to relocating and buying a bigger property.
She said she hopes to see everyone at the event. She closed her remarks by reiterating a statement she has said in previous council meetings, that she is aware there is a lot of scary stuff and craziness going on in our world but keep the faith.
Remember better days are coming, even when it’s hard to see or believe, better days are coming, it’s been promised.
2) COUNCIL MEMBER TANAKA – Attended the Finance Committee Meeting and is overjoyed at how our finances are in our city right now. Attended the COG Board Meeting, where they have a travel network that’s being put in place. Shared that the City of El Segundo will be the first to present said network on Wednesday, November 8, 2023, in El Segundo. He attended the Fur Baby Love Fest event, which he claimed is getting bigger and better every year. Was honored to attend Gardena High School’s Career Day as a speaker and remarked that there are some really bright and awesome young students there. Attended the Police Department’s Citizens Academy and commented on how they’re fired up and ready to do work for our Police Department! He recommended that if anyone has a chance and would like to get involved in the Police Department and do stuff for our city, that’s the place to start. He also was in attendance at the Police Department’s Employee Recognition Day and gave thanks to the foundation POA for a great event. He congratulated all the sworn and non-sworn that received awards this year. He said it goes to show the excellent service our Police Department serves our community with, how everybody should be very proud of what our department does and how we continually set the example for other Police Departments, especially in the South Bay. He thanked our Chief and Police Department for assisting Manhattan Beach PD. They recently covered calls for them, which their Police Chief and City Council recognized our department for, while they recover from the loss of Officer Chad Swanson. Once again thanked our Chief and Police Department and remarked, “we love you.” Attended the COG Steering Committee Meeting, for which he will be hosting a legislative meet and greet for on Thursday, October 12, 2023. On a side note, he wanted to wish a Happy Birthday to The Admiral, Captain Osorio’s dad, as he turned 85 years old. He hopes to see everyone attending the K9 Breakfast, in support of our K9 program and Police Department, followed by the Harvest Festival immediately after. He shared that he promised Director Santin that he would wear pink for the council meeting in honor of Breast Cancer Awareness Month and encouraged people to support the cause and help out. Lastly, he asked we pray for Israel as there is a terrible war going on right now.
3) COUNCIL MEMBER LOVE – Attended the Fur Baby Love Fest and shared the same sentiment as Councilmember Tanaka, that every year the event gets larger. She suggested a possible name change for the event in the future seeing as how it’s branching out to include birds and lizards. Commended the Recreation and Human Services Department for doing an amazing job hosting the event and bringing out all the vendors that supply the pets with all the resources they need. She attended the Fall Games at Freeman Park where she had the honor of meeting the Police Department from Pasco, Washington. The officers came down to Gardena to pick the brain of our Chief of Police and learn how we do district policing. She remarked on
10 how the Gardena Police Department did an amazing job, as always, hosting them.
She said it speaks to our Police Department and what they do and how they’re setting a trend and leading the pack on having another state’s police department come down and find out how we are doing things and how they can do the same in Washington.
She attended the Serra High School Homecoming Game and Peary Middle School Grand Opening of the garden. She was there on Keep Gardena Beautiful Day, along with Councilmember Francis, and said it was atrocious at that time. To go back weeks later and see it level and all raked up and be able to walk through was pretty amazing.
They are so proud of the garden and excited to get it back up and running. She spoke to Mr. Vizthum about the tools and supplies they need because after the pandemic they lost a lot. She asked him to put together an Amazon Wish List so she can post it and see if the community can help in buying supplies. She knows firsthand the impact of the garden and lives that it’s changed. She went on to share a story of how she took in two young homeless girls that worked at the garden through the Detours Program on 135
th St. She was able to provide them with a place to stay for nine months, so the garden should not be discounted as being a place to just go plant and harvest at, but to recognize the work they do and the impact on the lives it has on the young kids coming up through the junior hig h system. She commended Ms. Ramirez and the staff at Peary Middle School for getting the garden started again and sees their passion for it. She attended the Second Time Around meeting where Congresswoman Waters brought Senator Barbara Lee to speak to the members of the Second Time Around Club. She apologized to the Police Department for not attending their Employee Recognition. In closing, she asked that we all pray for the family of fallen officer, Chad Swanson, and what’s going on in Israel.
4) MAYOR CERDA – Attended the Finance Committee Meeting and she, along with councilmember Tanaka, would like to thank our committee for doing an amazing job.
We’ll hear later some of the great things that our city is doing to keep our numbers up high and be in a good place financially. Gave a special thanks to them and our City Treasurer, Guy Mato, for making sure we had an amazing finance meeting with all the good news. Attended a Conference of Mayors meetings that Second District Supervisor Holly Mitchell had, where mayors from neighboring cities addressed different things, they’re doing in their prospective cities. Commented on how these meetings are always good because you get to share ideas, as she was able to share with them what we’re doing in Gardena, and it’s good to know our neighboring cities are doing some great things. Supervisor Mitchell also gave them an overview of what’s going on in the Second District. Attended Fall Games and something that really stood out to her was that a couple people from neighboring cities were so thankful these kinds of events happen during the week because their cities don’t have any and they’re so appreciative of all the events we have. She gave kudos to the staff for putting these events on, as they benefit not only Gardena, but surrounding cities as well. Attended ICMA conference, Community Safety meeting where several different police agencies got together at the Nakaoka Community Center to talk about some of the issues as they related to the unincorporated part of LA. Our role in it is making sure that those issues of homelessness and RVs don’t creep over into Gardena. A lot of good information came out as far as who businesses and residents can call if they see graffiti or any type of crime. Attended the Youth Baseball Parent wrap up meeting, where coaches and parents can share with our staff what works well and what doesn’t and how we can always improve our park activities. She commended Recreation and Human Services for initiating these wrap up meetings now after every season.
11 Attended a ceremony at Mayor Karen Bass’ house where they honored Nancy Pelosi for her work as being the former speaker of the house and said it was great to attend.
Attended the candlelight vigil for Manhattan Beach PD officer Chad Swanson, who recently passed away in a car accident, along with Chief Saffell. Briefly attended the Town Hall Meeting with assemblymember Al Muratsuchi and later that same day attended the Game On event at the Nakaoka Community Center. Attended the Police Foundation Employee Recognition Luncheon and gave kudos to their department for all the great things that our officers and non- sworn in ones are doing. Said they are doing some amazing things to keep our community safe so a special thank you to them. Attended the Second Time Around Club’s meeting and remarked on how Congresswoman Waters was there along with Congresswoman Barba ra Lee.
Attended the Gardena Carson YMCA charity golf tournament reception, a great non- profit doing amazing things in our community. Commended Public Works on all the great things they are doing, said she loves to brag about their department and tell everybody they are doing $71 million in capital improvements, and she thanked them for doing a great job. Attended International Cit y and County Managers Association conference with our City Manager. Gardena was 1 of 5 cities out of 15,000 that were recognized for all the great things we do. A few breakout sessions she attended were:
Changing the Culture, Winning Atop a Workplace award, Engaged Employees versus Disengaged Employees and how to get disengaged employees back engaged again, Community Outreach versus Community Engagement and Leveraging Relationships to Revitalize your Downtown Areas. Talked about homelessness, short term rentals, ways of engaging residents as it relates to housing needs, neighborhood partnership models to build community and initiate projects. Stated there were 5 days of conferences and she tried to attend as many as she could as they all had great information.
5) MAYOR PRO TEM HENDERSON – Attended the Parks and Recreation Master Plan Workshop at the Nakaoka Community Center, his 101 interview with the parks consultant, where there was a great dialogue in regard to different things they’d like to see in our parks. Attended the Mobility 21 Expo, said he has now been immersed in the waters of transportation because of Mr. Ernie Crespo, so he will definitely look for some opportunities for us there. Thanked Mr. Allan Rigg for his presentation of highlighting and summarizing for our community all the capital improvement projects that we have, and he appreciates the leadership of the C ity Manager and Department Heads in regard to the prior plan development that we’re working on because as we have tighter plans that allows us to secure funding for all the things that we have to do. Attended the swearing in of Independent Cities Association’s new president, Councilman Richard Montgomery, out of the City of Manhattan Beach. He is his president elect so he’ll be planning their next seminar in Santa Barbara in February.
Said he’s taking it back to the old school in regard to cities helping cities and wants to make sure that we’re all observing best practices where they’re applicable in our communities. Attended his SCAG Community and Economic Housing Development Committee as well as his Regional Council Meeting. In that meeting there’s an opportunity for communities out of the six counties to secure funding for innovation and housing, he had a robust discussion about that, said there’s also a few communities that really have some interesting approaches to housing, so they voted to support them with funding. Attended Al Muratsuchi’s Town Hall Meeting at the Nakaoka Community Center. He, along with Councilmember Francis, Mayor Cerda,
12 Chief Saffell and our City Manager were all in attendance to answer questions in regard to our local community, so he wanted to thank them all for that. Attended Gardena Police Department’s Employee Recognition, described it as a great event to be an active participant at. T alked about community policing and making sure that there’s always going to be equity. One thing he noticed about our police force is that it’s diverse as far as ethnicity and demographics, so we want to continue that. Gave kudos to Chief Saffel for that and making sure we uphold our morals in regard to making sure everybody’s involved. Attended a few community visits and business visits just to see what we could do better. Got some feedback that he will share at a later date and time in regard to how we can still work to move Gardena forward as a collective. He concluded by reminding everyone to continue to pray for one another, right now society really seems like it’s off the rails and we have conflicts all over the world and we don’t want to have community conflict so let’s just stay prayerful for one another.
23. ANNOUNCEMENT(S)
Mayor Cerda announced:
1) City of Gardena Helping Hands Program beginning, Monday, October 9, 2023 , through Friday, December 11, 2023. Embrace the spirit of giving by supporting the City’s Helping Hands Program by donating NEW unwrapped toys, books, art supplies, board games, sports equipment & gift cards! Don’t have time to shop? Monetary donations are accepted and welcomed via www.cityofgardena.org/events . For more
information contact the Nakaoka Community Center.
2) Memory Loss & Alzheimer’s: Let’s Talk – Join us for an Informative Session on Thursday, October 12, 2023; 3 pm – 4 pm at the Nakaoka Community Center. Topics Covered: Understanding Alzheimer’s Disease; Caused of Memory Loss; Differentiating Normal Aging from Dementia; What to Do When You Visit the Doctor. 3) Los Angeles Lakers vs. Golden State Warriors, Friday, October 13, 2023, Depart from City Hall: $35 Residents; $45 Non-Residents.
4) Journey of Hope, Friday, October 13, 2023, 6 pm – 8 pm at the Nakaoka Community Center. The City of Gardena in partnership with Rainbow Services is hosting an empowering event to learn about domestic violence prevention and honor those in our community impacted by domestic violence.
5) 23
rd Annual Pancake Breakfast on Saturday, October 14, 2023, 7:00 am – 10:00 am at the Nakaoka Community Center, the price is $6.00. Immediately following:
6) Harvest Festival, Saturday, October 14, 2023, 10:00 am – 2:00 pm at City Hall Complex. On this same day is the Home Buyer Fair which will be at Rowley Park at 9:00 am – 1:00 pm, providing a variety of home-buying services. 7) Hands-Only CPR Training, Friday, October 20, 2023, at the Nakaoka Community Center from 11 am – 12 noon. Register online at www.cityofgardena.org/events or call
the Senior Bureau to reserve your spot.
8) Halloween Spooktacular Dance, Friday, October 20, 2023; 6:30 pm – 9:00 pm at the Nakaoka Community Center. Music, Costume Contest, Refreshments & More. 9) Fall Carnival 2023, Rides, Games, Food: Friday, October 20, 2023: 5:00 pm – 10:00 pm; Saturday, October 21, 2023: 2:00 pm – 10:00 pm; Sunday, October 22, 2023:
2:00 pm – 10:00 pm., at Mas Fukai Park. Carnival Pre- Sale Option and One- Day Unlimited Rides Wristband – vary prices.
13 24. REMEMBRANCES
Officer Chad Swanson, age 35; Officer Swanson worked with the Manhattan Beach Police Department and was a beloved father and husband.
Deputy Ryan Clinkunbroomer , age 30; Deputy Clinkunbroomer worked with the Los Angeles County Sheriff’s Department.
Joshua Pharr, age 11; Joshua was part of the City of Gardena's After School Program.
Joshua was tragically killed in a car accident.
Senator Dianne Feinstein, age 90; first elected to the U.S. Senate from California in 1992.
Mrs. Joy Nanette Bull , 56 years old, the beloved daughter of Rev. John E. Ward, Sr.
Pastor of First Southern Baptist Church of Gardena, and of Mrs. Nancy L. Ward, former Executive Office Assistant who retired from the City of Gardena in December 2021.
25. ADJOURNMENT
At 10:38 p.m., Mayor Cerda adjourned the Gardena City Council Meeting to the Closed Session portion of the City Council Meeting at 7:00 p.m., and the Regular City Council Meeting at 7:30 p.m. on Tuesday, October 24, 2023.
MINA SEMENZA
City Clerk of the City of Gardena and
APPROVED:
Ex-officio Clerk of the Council
______________________________ By:___________________________ Tasha Cerda, Mayor Becky Romero, Deputy City Clerk
1 MINUTES
Study Session of the
City of Gardena City Council
Tuesday, October 24, 2023
The Study Session Meeting of the Gardena City Council of the City of Gardena, California, was called to order at 6:0 8 PM on Tuesday, October 24, 2023 , in the Meeting Information Center (MIC) at 1700 West 162nd Street, Gardena, California; City Manager Clint Osorio presiding.
1. ROLL CALL
Present: Council Member Rodney G. Tanaka; Council Member Paulette C. Francis and Council Member Wanda Love; Other City Officials and Employees present: City Manager Clint Osorio; City Attorney Carmen Vasquez; City Treasurer Guy Mato; City Clerk Mina Semenza; Deputy City Clerk Becky Romero; Director of Administrative Services Ray Beeman; Senior Account Clerk Khoi Quach; Transportation Director Ernie Crespo; Assistant Transportation Director Dana Pynn; Public Works Director Allan Rigg; Assistant Public Works Director and Principal Engineer Kevin Kwak; Police Chief Mike Saffell; Recreation and Human Services Director Stephany Santin; and Community Development Director Greg Tsujiuchi. Mayor Tasha Cerda and Mayor Pro Tem Mark Henderson were not present for roll call, but it was stated that they were on their way.
2. PRESENTATION
2.1 City of Gardena Procurement Practices and Policies
City Manager Osorio led the PowerPoint Presentation with the assistance of Directors Beeman, Crespo, Rigg and Assistant Director Kwak.
Mayor Pro Tem Henderson arrived at 6:20p.m. and Mayor Cerda arrived at 6:35p.m.
Questions and comments regarding Procurement Practices and Policies were made by all Members of the Council.
City Manager Osorio, and Directors Beeman, Crespo , Rigg, and Assistant Director Kwak answered all of Council’s questions.
3. PUBLIC COMMENTS ON STUDY SESSION - None
4. ADJOURNMENT
At 7:11 PM , Mayor Cerda adjourned the Gardena City Council Meeting to the Closed Session portion of the City Council Meeting at 7:00 p.m., and the Regular City Council Meeting at 7:30 p.m. on Tuesday, October 24, 2023.
MINA SEMENZA
City Clerk of the City of Gardena and
APPROVED:
Ex-officio Clerk of the Council
______________________________ By:___________________________ Tasha Cerda, Mayor Becky Romero, Deputy City Clerk
1 MINUTES
Regular Meeting Notice of the
Gardena City Council
Tuesday, October 24, 2023
The Regular Meeting Notice and Agenda of the Gardena City Council of the City of Gardena, California, was called to order at 7:18 PM on Tuesday, October 24, 2023, in the Council Chamber at City Hall 1700 West 162 nd Street, Gardena, California; Mayor Tasha Cerda presiding.
1. ROLL CALL
Present: Mayor Tasha Cerda; Mayor Pro Tem Mark E. Henderson; Council Member Rodney G. Tanaka; Council Member Paulette C. Francis and Council Member Wanda Love; Other City Officials and Employees present: City Manager Clint Osorio; City Attorney Carmen Vasquez; City Treasurer Guy H. Mato ; City Clerk Mina Semenza; and Deputy City Clerk Becky Romero.
PUBLIC COMMENT ON CLOSED SESSION - None
2. CLOSED SESSION
2.A CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Gov. Code Section 54956.9(d)(1)
Brian Park vs City of Gardena WCAB NO.: ADJ1460951
2.B CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Gov. Code Section 54956.9(d)(1)
Juan Bareno vs City of Gardena WCAB NO.: ADJ14862884
2.C CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Gov. Code Section 54956.9(d)(1)
David Brock vs City of Gardena WCAB NO.: ADJ17330020
2.D CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8
Property: 15106 Nader Place/15106 Daphne Ave, Gardena, CA; APN: 4064- 023- 024
Agency Negotiator: Clint Osorio, City Manager and Greg S. Tsujiuchi, Director of Community Development
Negotiating Parties: Saturo Toga, Eiko Onagi and Bryant Hoover, Thompson Team Real Estate.
Under Negotiation: Price and Terms of Payment
Director of Administrative Services, Raymond Beeman, was present for Closed Session Items 2.A through 2.C.
Director of Community Development, Greg S. Tsujiuchi , and Economic Development Manager, Jackie Choi were present for Closed Session Item 2.D.
2 CITY ATTORNEY REPORT OUT OF CLOSED SESSION
Mayor Cerda reconvened the meeting to the Regular Open Session at 8:00 p.m., and the City Clerk noted the return of all Council Members, who were present at the meeting. When City Attorney Vasquez was asked if there was any reportable action from Closed Session, she stated the City Council met with regards to close d session Items 2.A through 2.D, staff was provided with direction, however , no reportable action was taken.
3. PLEDGE OF ALLEGIANCE
Somer Thompson and Dillon Fletcher led the Pledge of Allegiance. Somer is in the 5 th grade, Dillon is in the 3rd grade, and both attend Gardena Christian Academy and Pre- school. They both enjoy Math and are straight -A students. They both introduced their family members who were present.
4. INVOCATION
J. Mark Schwanz of Church of the Servant King, gave the Invocation.
5. PRESENTATIONS
5.A Boards & Commissions Presentation – GEBAC Chairman, Steve Rogers led the presentation and provided updates.
Mayor Cerda thanked Mr. Rogers for the presentation and the entire group for doing a great job.
5.B Gardena Events Video Presentation
6. PROCLAMATIONS
6.A "Gardena Red Ribbon Week," October 23 through October 31, 2023 – was accepted by Traci Saruwatari and Melissa Loza.
6.B Lights on Afterschool - October 26, 2023 – was a ccepted by Diana Medel the Director of Strategic Partnerships with the Boys & Girls Club of Carson. Ms.
Medel introduced CEO, Kim Richards , she thanked all Members of the Council for celebrating Lights on Afterschool.
7. APPOINTMENTS
7.A Greater Los Angeles County Vector Control District Board of Trustees Appointment
City Manager Osorio presented the Staff Report.
Council Member Francis stated that she had the pleasure of serving since 2021 and it has been a very interesting opportunity, learning all about mosquitos and other things, and was thankful for the opportunity.
3 Mayor Cerda made a motion to Re- Appoint Council Member Francis as a Member of the Greater Los Angeles County Vector Control District Board of Trustees for a Two-Year Term – Council Member Tanaka seconded it.
It was moved by Mayor Cerda, seconded by Council Member Tanaka , and carried by the following roll call vote to Re -appoint Council Member Francis to serve as representative of the Greater Los Angeles County Vector Control District Board of Trustees for a full 2-year Term:
Ayes: Mayor Cerda, Council Member Tanaka, Mayor Pro Tem Henderson, and Council Members Francis and Love
Noes: None
Absent: None
8. CONSENT CALENDAR
8.A Waiver of Reading in Full of All Ordinances Listed on this Agenda and that they be Read by Title Only
CONTACT: CITY CLERK
8.B Approve Minutes:
Regular Meeting of the City Council, October 10, 2023
CONTACT: CITY CLERK
8.C Approval of Warrants/Payroll Register, October 24, 2023 CONTACT: CITY TREASURER
October 24, 2023: Wire Transfer: 12560 -12566; Check Numbers: 173 725-173887 for a total Warrants issued in the amount of $2,384,678.04; Total Payroll Issued for October 20, 2023: $2,330,705.17.
8.D Monthly Investment Portfolio, September 2023
CONTACT: CITY TREASURER
8.E Personnel Report P-2023-17 10-24-23
CONTACT: HUMAN RESOURCES
8.F Authorize Agreements between South Bay Workforce Investment Board, Inc. (SBWIB, Inc.) on behalf of the City of Inglewood, and the City of Gardena through June 30, 2024. Authorize the agreement between the Workforce Development Aging and Community Services and the City of Gardena run by the SBWIB, Inc., for the period ending June 30, 2027.
CONTACT: ADMINISTRATIVE SERVICES
8.G Second Reading and Adoption of ORDINANCE NO. 1856, Amending Chapters
18.04 and 18.13 of the Gardena Municipal Code relating to Accessory Dwelling Units and making a determination that the Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.17.
CONTACT: COMMUNITY DEVELOPMENT
4 ORDINANCE NO. 1856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, AMENDING CHAPTERS 18.04 AND
18.13 OF THE GARDENA MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND MAKING A
DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM
CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION
21080.17
It was moved by Council Member Tanaka, seconded by Mayor Pro Tem Henderson, and carried by the following roll call vote to Approve the Consent Calendar with the exceptions of Items 8.B and 8.E:
Ayes: Council Member Tanaka, Mayor Pro Tem Henderson, Council Members Francis and Love, and Mayor Cerda
Noes: None
Absent: None
9. EXCLUDED CONSENT CALENDAR
8.B CITY CLERK - Approve Minutes: Regular Meeting of the City Council, October 10, 2023 – was pulled by Mayor Cerda
Mayor Cerda stated that there was a typo in the Minutes for October 10, 2023, regarding the co-hosting item. She asked for the motion to read: All flyers must list the name City of Gardena.
Council Member Love added that there is another correction that needs to be made to page six (6). It was mentioned that there was a discussion, and all Council Members were in agreement. She stated that she was not in agreement with any of it.
Mayor Cerda stated that no vote will be taken on this item, and it will come back at the next Council Meeting.
8.E HUMAN RESOURCES - Personnel Report P-2023-17 10-24-23 – was pulled by Mayor Pro Tem Henderson
Mayor Pro Tem Henderson asked City Manager Osorio about the following: the vacant positions do we have a day counter of how long the positions have been open or vacant; other than our website and public sector periodicals where else do we advertise, other than Gardena Valley News? He suggested that we look into advertising in other smaller newspapers within LA County in order to get a broader reach of people who can be potentially interested in some of our positions.
City Manager Osorio explained the recruiting process and answered all questions.
Questions and comments were made by Council Member Love about TSC Workers, the SBWIB Program and possibly start using employment agencies to hire employees. City Manager Osorio replied to all questions.
5 It was moved by Mayor Pro Tem Henderson, seconded by Council Member Love, and carried by the following roll call vote to Approve Item 8.E:
Ayes: Mayor Pro Tem Henderson, Council Members Love , Tanaka and Francis, and Mayor Cerda
Noes: None
Absent: None
10. PLANNING & ENVIRONMENTAL QUALITY COMMISSION ACTION SHEET
10.A October 17, 2023 - Meeting Cancelled
11. ORAL COMMUNICATIONS - LISTEN
1) Barbara Phillips , expressed her concerns about an individual’s behavior at the last Council Meeting and spoke on the divisiveness of the Council Members. 2) A ndrea Simental, Interim Community Manager for the Mayme Dear Library; she came to announce library events for the Gardena Mayme Dear and the Masao W. Sato Libraries.
3) R
oslyn Washington, asked for the City Council and City Manager's assistance with adding stop signs on the corners of 134 th Place, between Manhattan Place and Wilton Place. She also asked about amending the Animal Ordinance so that dogs can be walked freely in the parks. Mayor Cerda asked Ms. Washington to speak to the Chief of Police regarding the stop sign.
4) M ichael and Marilee Jackson, spoke on the existing Ordinance that restricts dogs from walking in Rowley Park and his encounter with a Gardena Police Officer . He talked about how the ordinance is out-of-date since the time it was enacted. He shared part of his life experience as a pet owner in the City of Gardena. He asked that the City Council take some consideration in this matter and allow for changes to be made.
Mayor Cerda informed M r. Jackson that his timing was perfect because the city is in the middle of a Master Plan Workshop, which is this coming Thursday, this is the opportunity to talk about some changes because we are talking about the planning for the next 30 to 50 years of what we would like our parks to look like. The Mayor asked Mr. Jackson to speak to the Chief of Police regarding the officer.
5) Brandon Smith, had comments about the GEBAC presentation, specifically regarding the lack of parking that was brought up by the business owners on Gardena Boulevard.
He stated that there is no safe biking infrastructure in Gardena and that the focus should be shifted to getting people to Gardena Boulevard.
Mayor Cerda informed Mr. Smith that if he is not able to make it to the meeting, he can scan the flyer and submit his comments.
12. DEPARTMENTAL ITEMS - ADMINISTRATIVE SERVICES
12.A Approve and authorize the City Manager to execute the Authorization to Order (ATO) forms with the California Network and Telecommunications (CALNET) Program Cellular and Data Services through June 30, 2025
City Manager Osorio presented the Staff Report.
6 Mayor Cerda asked if anyone asked to speak on this item and if the Council had any comments or questions. There were no public speakers.
Questions and comments were made by Council Member Francis ; she had questions regarding what this program does ; and if AT&T is the only carrier that works with this particular program. City Manager Osorio answered all questions.
It was moved by Council Member Francis, seconded by Mayor Pro Tem Henderson, and carried by the following roll call vote to Approve and authorize the City Manager to execute the ATO forms:
Ayes: Council Member Francis, Mayor Pro Tem Henderson, Council Members Tanaka and Love, and Mayor Cerda
Noes: None
Absent: None
13. DEPARTMENTAL ITEMS - COMMUNITY DEVELOPMENT
13.A Discussion on Eligible CDBG Funded Activities
City Manager Osorio presented the Staff Report.
Director of Community Development, Greg S. Tsujiuchi and CDBG Consultant, Esther Luis led the presentation, and they were both available for any questions.
Questions and comments were made by Council Member Francis asked about the moderate- income guidelines, moderate low -income areas in the city , and about the Chase building on Rosecrans being in a low disadvantage community .
Director Tsujiuchi and Ms. Luis answered all questions.
This Item Required No Action by City Council
13.B Consideration of the Gardena Economic Business Advisory Commission (GEBAC)’s recommendations on the use of grant funds for the revitalization of Gardena Boulevard.
City Manager Osorio presented the Staff Report.
Mayor Cerda asked if anyone asked to speak on this item and if the Council had any comments or questions. There were no public speakers.
There was a discussion about the recommendations GEBAC made to the City Council. Questions and comments were made by all Members of Council thanking GEBAC for their suggestions. The three recommendations from GEBAC were as follows: 1) Inadequate Parking; 2) Safety and decorative lighting; and 3) Façade improvement. It was recommended by GEBAC that the City Council consider acquiring the vacant lot with the grant funds at 1112 W. Gardena Boulevard, but later found out that one of the stipulations was that it not be used to purchase the parking lot . Since the first recommendation was out, there was an extensive discussion about what each of the Council Members would like to see regarding recommendations numbers 2 and 3.
7 Director of Community Development Greg Tsujiuchi brought up Director of Public Works, Allan Rigg who spoke about what he had already done as far as working with Edison and the decorative lighting, and how it is all being funded by the street lighting assessment district; he also spoke about the how his department could do some of the work so we wouldn’t have to use the grant funds and save it for the façade improvements.
Since number 2 recommendation was already being taken care of by Director Rigg, the Council was able to focus on number 3 Façade improvements. The discussion continued and some of the topics discussed were: investing the money into a pilot façade program that we already have; there is no expiration date in using the funds; that the boulevard is zoned as a mixed-use corridor and should be in uniform in whatever we decide to do; that we should stick to the stipulations and possibly help out the business owners; to do a parking improvement plan and expand our vision.
City Manager Osorio recognized GEBAC for their suggestions; stated that we should go to the third recommendation of F açade improvement; have staff bring back some ideas on how to formulate a plan on façade improvement. Mayor Cerda spoke about running a pilot program similar to Rosecrans.
Mayor Cerda spoke about tabling this item for a couple of months. Director Tsujiuchi spoke about hiring an architect to come up with some conceptual designs and would need to check with the Senator if this qualifies. Mayor Cerda then asked what the cost of consultant would be. Director Tsujiuchi replied to her questions.
Council Member Francis asked if GEBAC’s chairperson had any other input or would like to come up and give any other suggestions. Chai r Steve Rogers spoke and gave his suggestions.
It was moved by Mayor Cerda, seconded by Council Member Francis , and carried by the following roll call vote to table until January in order for staff to come back with recommendations:
Ayes: Mayor Cerda, Council Member Francis, Mayor Pro Tem Henderson, and Council Members Tanaka and Love
Noes: None
Absent: None
14. DEPARTMENTAL ITEMS - ELECTED & CITY MANAGER'S OFFICES – No Items
15. DEPARTMENTAL ITEMS – POLICE – No Items
16. DEPARTMENTAL ITEMS - PUBLIC WORKS
16.A Authorize the Contract Renewal Services with SmartCover Systems, Inc. in the amount of $63,570 to provide Active Site Management (ASM) and Warranty Coverage for a Two-Year Term
City Manager Osorio presented the Staff Report.
8 Mayor Cerda asked if anyone asked to speak on this item and if the Council had any comments or questions. There were no public speakers.
Questions and comments were made by Mayor Cerda, and Council Member Francis. Director Rigg answered all questions.
It was moved by Council Member Francis, seconded by Council Member Love, and carried by the following roll call vote to Authorize the Purchase:
Ayes: Council Member s Francis and Love, Mayor Pro Tem Henderson, Council Member Tanaka, and Mayor Cerda
Noes: None
Absent: None
16.B Authorization to Purchase One (1) Electric Vehicle from Enterprise Fleet Management in the amount of $57,252 for the Public Works Department
City Manager Osorio presented the Staff Report.
Mayor Cerda asked if anyone asked to speak on this item and if the Council had any comments or questions. There were no public speakers.
It was moved by Council Member Love , seconded by Council Member Francis, and carried by the following roll call vote to Approve Purchase:
Ayes: Council Members Love and Francis, Mayor Pro Tem Henderson, Council Member Tanaka, and Mayor Cerda
Noes: None
Absent: None
17. DEPARTMENTAL ITEMS - RECREATION & HUMAN SERVICES – No Items
18. DEPARTMENTAL ITEMS – TRANSPORTATION – No Items
19. COUNCIL ITEMS – No Items
20. COUNCIL DIRECTIVES
Mayor Pro Tem Henderson
1) Asked if we could begin advertising job openings for the City in other periodicals, outside of our regular routine - Council Member Tanaka seconded it.
Purpose – To broaden the pool of job applicants.
Reason – To help us gain some diversity in the applicant pool.
Benefit – Part of our economic development; will raise the quality of life.
9 Council Member Love
1) Asked if we could agendize for Council discussion to possibly start our Council meetings at an earlier time - Council Member Francis seconded it.
Purpose – Will allow more residents to attend.
Reason – To get more community engagement.
Benefit – This will allow some of our seniors to attend and stay a little longer.
Council Member Francis
1) Asked if we could have a Closed Session discussion with regards to the property at 1112 W. Gardena Boulevard (vacant lot) - Council Member Love seconded it.
Purpose – To find out if the City is interested in acquiring.
Reason – Economic development; raise the quality of life.
Benefit – Gardena Boulevard Revitalization.
Mayor Cerda
1) Asked if we could agendize for Council discussion SB 329 as it relates to an increase in City Council compensation - Council Member Tanaka seconded it.
Purpose – To increase the pay of our Council hasn’t been updated since 2002.
Reason – To make the compensation current with today’s cost of living.
Benefit – To encourage more people to run for office.
21. CITY MANAGER REMARKS RE: DIRECTIVES / COUNCIL ITEMS
City Manager Osorio gave a verbal report of information to follow -up on matters that had been directed or requested by the Mayor and Members of Council. Those items were, as follows:
1) Memo regarding the CDD September Monthly Report.
2) Memo regarding the City Attorneys memo for Senate Bill 392.
City Manager Osorio wished Chief of Police Mike Saffell a Happy Birthday.
22. COUNCIL REMARKS
1) MAYOR PRO TEM HENDERSON – Attended his ICA Board Meeting and shared they are planning their winter seminar in Santa Barbara at the Mar Vista Hotel. They will be doing programming for the Friday and Saturday conference and return home Sunday, after providing a great breakfast for all the attendees. Attended the LA County Federation of Labor homeless event, mentioned the startling numbers in regards to the poverty line and what it takes to really survive in LA County. For those of us who are not on the bubble of the poverty line, he wanted to remind us that we are blessed and to always thank God for our blessings. Attended the Gardena Police Department’s pancake breakfast, Harvest F estival and H ome Ownership Fair at Rowley Park. He thinks C ouncil Member Francis did an excellent job spearheading that event and working with those that she co- hosted with. Later that same evening, he attended a summit that was held between the Contract Cities Association and Independent Cities Association. It was an opportunity for elected officials to get 10 together and do some venting, sharing, and networking in regards to the difficulties sometimes experienced by being on the dais. Said it was enlightening hearing some of the interesting stories from senior elected officials that have been elected twenty something years, so good thing there is a lot of the quorum rules on our C ouncil that we implement. Attended his AQMD Meeting and is still looking for more money for the City of Gardena there, but we are spending the money we are receiving. He also attended the check presentation at Mas Fukai Park, given to us by Senator Ben Allen, as well as his regular community visits and business visits.
2) COUNCIL MEMBER FRANCIS – Attended the Home Ownership Fair at Rowley Park and would like to thank Senator Bradford, Assembly M ember Tina McKinnor, the Second Time Around Seniors Club and the Holly Park Homeowner’s Association, and the Los Angeles County Neighborhood Services who made the presentation, and for helping organize and coordinate the event and making it happen. She also wanted to give a special shoutout to our Recreation staff because when people walked in at 9:00 a.m. the room was already set up beautifully, the screens were working, and both classes on the side were set up so nicely. She remarked that when people walked in, they were wowed and she said, welcome to Gardena, this is how we do it here. Thanked the staff again for their help and giving them a moment to shine. Also attended the Harvest Festival, Fall Carnival and, along with her colleagues, the check presentation, with a check of two million dollars presented by Senator Ben Allen, to build a teen center at Mas Fukai Park. She thanked Senator Allen. In closing, she, as always, in her closing remarks talked about how there is a lot going on in this whole world and she wants everyone to know just to keep the faith and remember better days are coming.
3) COUNCIL MEMBER TANAKA – Attended the South Bay COG’s legislative briefing, quite an event, said the only person that attended was Assembly M ember Tina McKinnor, everyone else sent representatives to give their reports and most of them were in recess, but it’s always good to hear all the bills and things that are being activated, voted on, and passed. Attended the Police Department’s K9 breakfast, always a great event and well attended every year. Commented on how they had some new items for sale to support the team. After breakfast, he attended the Harvest Festival and said that the event gets better every year, too. Thanked Stephany and her staff for doing a great job. Attended our sister city Ichikawa Committee meeting and participated this year in the Great California Shakeout Drill through Gardena DCS and Tri-City CERT. Went on to explain how we did a mock thing where we were on our radios, and everybody checked in and how that shows how prepared that our city really is when it comes to a disaster. Met with Dominguez Hills University nursing student, Fahmida Ahmed, as part of one of her classes was to talk to an elected official about how they can assist with nursing students. Attended Mas Fukai’s F all Carnival and thanked Senator Ben Allen for the two million dollars he donated for our community teen center. Also, let everyone know he attended the 6:00 p.m. Study Session held before the evening’s Council Meeting.
4) MAYOR CERDA – Attended the Gardena Boulevard community meeting, said there was a good turn out there, as well as a lot of staff people there to answer questions.
In fact, she continued, it was one of the best community meetings she has been to, seemed like everybody from every department was there to answer any questions a resident had so she thanked the staff for being there. Attended the Journey of Hope domestic violence event at the Nakaoka Community Center, where they talked to young people about domestic violence and what was a healthy relationship and what 11 is not. She said unfortunately a lot of young people think because somebody is being very possessive and so on that is a healthy relationship, but she’s glad we’re talking to young people about this. There were even small kids there and letting them know early on is good because they too, will be teenagers and adults one day. Attended the K9 pancake breakfast, as always, they did a great job. One thing she wanted to know was if people could still get K9 swag, the shirts, and hats, because people were inquiring about purchasing it. She attended the Harvest Festival and commended Recreation and Human Services for a great job. Extended her apologies for not making it to the Home Ownership Fair, as the K9 breakfast went a little longer than expected. Wished Chief Saffell a happy birthday. Had a quick sit -down meeting with staff of Gardena Police Department about zero bail and understanding it more in detail. Commented on how it is really scary when you think about some of the things now people can do, and they do not have to worry about bail. Thanked those who explained it to her. Attended her monthly CCGA Meeting, Sanitation Meeting, Fall Carnival, and the check presentation at Mas Fukai Park and once again, thanked State Senator Ben Allen. Mr. Allen came on as our State Senator in November 2022 and already we have two million dollars from him, so she thinks that is awesome. She attended the TRP Halloween Spooktacular Dance that was held for some of our Gardena residents. She said the staff did a great job, the people were so happy as were their caregivers. There were tons of candy, junk food and dancing. It was really nice, they got to dress up in costumes and walk around and a couple of people came up to her afterwards and said it was a wonderful event. Went to her harassment training and completed the course, along with Mayor Pro Tem Henderson. Lastly, she gave a special thank you to a couple of departments: Code Enforcement, Gardena Police Department, Public Works and GTrans, for taking the time to let her learn a little more about their jobs and what they all do in more detail. As much as she thought she knew about what they did, just spending that little time with them and seeing in more detail was pretty awesome, so she thanked them for allowing her to check it out there.
5) COUNCIL MEMBER LOVE – Attended the K9 pancake breakfast early in the morning because she refused to miss another Police Department event. She stopped by, got some pancakes, and bought some swag. She did not have time to eat her pancakes at the event because she was also to attend the LA Business Financial Summit hosted by BMO Bank, in partnership with Mayor Karen Bass, at BMO Stadium. She shared the story of how she walked around the stadium with her plate of pancakes and the vendor next to her thought she got them at the stadium, so they looked around for them. When they came back, they asked where she had gotten them from because they looked so good and smelled like bacon. She wanted to let Chief Saffell know that they really would have enjoyed his pancakes. She went on to say it was a really good event, they talked to a lot of small business owners and, in partnership with the City of Los Angeles, and was trying to help businesses understand the financial issues that they are having and how there’s resources out there to help them. Also attended the Fall Carnival and the two million dollar check presentation with Senator Ben Allen. That same day, she had the honor of hosting the Senator on Gardena Boulevard, where she mentioned they walked into the majority of the businesses. She said he was really interested in hearing from the business owners.
He really enjoyed talking to the businesses and finding out what their issues are and how he could help with the businesses on Gardena Boulevard. Attended the harassment training with our City Treasurer, Guy Mato and they learned a lot. Lastly,
12 she had two comments to make. The first being referencing our code of conduct that’s read at the beginning of the meeting, part of housekeeping that we remember during the meetings we can start to pay better attention and hopefully control, she uses the word control for lack of a better word, but really kind of make sure that the people that are speaking from the podium are not personalizing their comments and that they’re not attacking other speakers that may have opposed their position. The second was to wish her colleagues and staff an enjoyable time at our sister city in Japan.
23. ANNOUNCEMENT(S)
Mayor Cerda announced:
1) Parks & Recreation Master Plan Workshop #3, Thursday, October 26, 2023; 6 pm – 8 pm at Rowley Park. Questions and Comments can be submitted if unable to attend and prizes will be given for participation.
2) Movies on the Lawn – Tim Burton’s The Nightmare Before Christmas, Friday, October 27, 2023; 7:00 pm at City Hall Lawn. Free Event – We will transform the City Hall lawn into our theater under the stars. Picnic blankets and lawn chairs are welcome!
3) Save the Date – Halloween Scare Zone, Friday & Saturday, October 27- 28, 2023 from 6:00 pm – 8:00 pm: Tuesday – Halloween Night, October 31, 2023, from 6:00 pm – 9:00 pm. Featuring Two Haunted Houses, Costume Contest, Sweet Treats, Games & more. Tuesday, October 31
st Only! Costume Contest: 5yrs & under at 7:30
pm; 6yrs – 10yrs at 7:45 pm; 11yrs – 14yrs at 8:00 pm; 15yrs – 17yrs at 8:15 pm at Freeman Park.
4) DEA National R x TakeBack on October 28, 2023; 10:00 am – 2:00 pm. Turn in your unused or expired medication for safe disposal in front of the Gardena Police Department.
5) Too Cute to Spook Halloween Event, Saturday, October 27, 2023; 5:30 pm – 7:30 pm at City Hall Lawn. Bring your kids (ages 0- 10) to City Hall for a safe fun -filled night of Trick-or-Treating!
6) Celebrating Senior Citizen Health Fair, Friday, November 3, 2023; 9 am – 12 pm at the Nakaoka Community Center Auditorium & City Hall Complex Lawn. You will have access to Health screenings, Flu shots, Health and wellness vendors, and all types of screenings for anemia, blood pressure, COVID vaccine, flu vaccine, glucose, hearing, medical review, and vision. For adults 60 and older.
7) Homelessness Workshop, Wednesday, November 8, 2023; 6:00 pm – 7:30 pm at the Nakaoka Community Center – Auditorium. Speakers include: City Homeless Coordinator, Gardena Mental Evaluation Team, and Homeless Service Agencies. 8) 54th Annual Veterans Day Service, Saturday, November 11, 2023; 10:00 am at Gardena City Hall. Please note that the time has changed from 11 a.m. to now 10:00 a.m.
24. REMEMBRANCES
Mr. Tommie Herd , 81 years old, Tommie served the City of Gardena for 24 years as a bus operator in the Transportation Department.
13 25. ADJOURNMENT
At 11:13 p.m., Mayor Cerda adjourned the Gardena City Council Meeting to the Closed Session portion of the City Council Meeting at 7:00 p.m., and the Regular City Council Meeting at 7:30 p.m. on Tuesday, November 14, 2023.
MINA SEMENZA
City Clerk of the City of Gardena and
APPROVED:
Ex-officio Clerk of the Council
______________________________ By:___________________________ Tasha Cerda, Mayor Becky Romero, Deputy City Clerk
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Voucher Date Vendor Invoice PO # Description/Account Amount 12567 10/3/2023 1
12326 LWP CLAIMS SOLUTIONS INC. 100223 WORKERS' COMP CLAIMS 100,000.00 Total : 100,000.00
12568 10/17/2023 112441 ANTHEM BLUE CROSS LIFE &, HEALTH INSURANCE COMPANY365996662716 HEA LTH INSURANCE CLAIMS 16,948.13 Total : 16,948.13
12569 10/17/2023 112401 PINNACLE CLAIMS MANAGEMENT INC 101123 HEALTH INSURANCE CLAIMS 15,069.45 Total : 15,069.45
12570 10/17/2023 112326 LWP CLAIMS SOLUTIONS INC. 101723 WORKERS' COMP CLAIMS 2,259.31 Total : 2,259.31
12571 10/19/2023 112441 ANTHEM BLUE CROSS LIFE &, HEALTH INSURANCE COMPANY365999426614 HEA LTH INSURANCE CLAIMS 20,093.21 Total : 20,093.21
12572 10/19/2023 112401 PINNACLE CLAIMS MANAGEMENT INC OCTOBER 2023 HEALTH & LIFE INSURANCE 118,603.76 023-01484
Total : 118,603.76
12573 10/23/2023 112401 PINNACLE CLAIMS MANAGEMENT INC 101923 HEALTH INSURANCE CLAIMS 4,460.79 Total : 4,460.79
12574 10/23/2023 111894 HEALTHNOW ADMINISTRATIVE, SERVICES U47101 HEALTH INSURANCE CLAIMS 188.43 Total : 188.43
12575 10/25/2023 112401 PINNACLE CLAIMS MANAGEMENT INC 102423 HEALTH INSURANCE CLAIMS 59,817.66 Total : 59,817.66
12576 10/17/2023 111374 LINCOLN NATIONAL LIFE, INSURANCE COMPANY4602879462 023-01489 LIFE INSURANCE GR P PLANS 3,198.22 Total : 3,198.22
12577 10/27/2023 112441 ANTHEM BLUE CROSS LIFE &, HEALTH INSURANCE COMPANY365991336914 HEA LTH INSURANCE CLAIMS 17,401.51 Total : 17,401.51
12578 11/3/2023 303348 EMPLOYMENT DEVELOPMENT, DEPARTMENTJUL-SEP 2023 SUI QUA RTER ENDED 09/30/23 2,538.00 Total : 2,538.00
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Voucher Date Vendor Invoice PO # Description/Account Amount 12579 1
1/7/2023 111894 HEALTHNOW ADMINISTRATIVE, SERVICES U47102 HEALTH INSURANCE CLAIMS 2,394.82 Total : 2,394.82
12580 11/7/2023 112401 PINNACLE CLAIMS MANAGEMENT INC NOVEMBER 2023 HEALTH & LIFE INSURANCE 117,978.74 023-01484
Total : 117,978.74
12581 10/18/2023 112326 LWP CLAIMS SOLUTIONS INC. 101823 WORKERS' COMP CLAIMS 100,000.00 Total : 100,000.00
12582 11/7/2023 112326 LWP CLAIMS SOLUTIONS INC. 110723 WORKERS' COMP CLAIMS 32,260.99 Total : 32,260.99
12583 11/7/2023 111894 HEALTHNOW ADMINISTRATIVE, SERVICES U47103 HEALTH INSURANCE CLAIMS 88.53 Total : 88.53
12584 11/7/2023 112401 PINNACLE CLAIMS MANAGEMENT INC 110723 HEALTH INSURANCE CLAIMS 49,977.72 Total : 49,977.72
12585 11/7/2023 112441 ANTHEM BLUE CROSS LIFE &, HEALTH INSURANCE COMPANY365995727027 HEA LTH INSURANCE CLAIMS 21,449.30 Total : 21,449.30
173888 11/14/2023 104606 2 BROTHERS TIRES & WHEELS 27365 PD VEHICLE TIRE SERVICES 25.00
88.00PD VEHICLE TIRE SERVICES27445
Total : 113.00
173889 11/14/2023 106086 ABC COMPANIES 31567123 GTRANS AUTO PARTS 428.80
82.90GTRANS AUTO PARTS3557407
165.79GTRANS AUTO PARTS3557982
331.59GTRANS AUTO PARTS3558762
2,142.91GTRANS AUTO PARTS3568809
Total : 3,151.99
173890 11/14/2023 111853 ACCESS 10518666 PD SHREDDING SERVICES 100.00 Total : 100.00
173891 11/14/2023 112177 ADVANCE AUTO PARTS 8655317358019 GTRANS AUTO PARTS 144.65 289.30GTRANS AUTO PARTS8655317358021
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Voucher Date Vendor Invoice PO # Description/Account Amount 173891 1
1/14/2023 (Continued)112177 ADVANCE AUTO PARTS
224.58GTRANS AUTO PARTS8655318758465
Total : 658.53
173892 11/14/2023 101748 AFTERMARKET PARTS COMPANY LLC, THE 83171883 037-10275 GTRANS AUTO PARTS 283.34 037-10275 243.78GTRANS AUTO PARTS83173684
037-10275 259.13GTRANS AUTO PARTS83173685
037-10275 479.92GTRANS AUTO PARTS83176625
037-10275 66.84GTRANS AUTO PARTS83176638
037-10275 221.20GTRANS AUTO PARTS83178980
037-10275 2,523.32GTRANS AUTO PARTS83180684
941.10GTRANS AUTO PARTS83181983
037-10275
037-10275 317.52GTRANS AUTO PARTS83183580
037-10275 158.98GTRANS AUTO PARTS83186564
037-10275 279.11GTRANS AUTO PARTS83188553
037-10275 1,215.84GTRANS AUTO PARTS83191590
Total : 6,990.08
173893 11/14/2023 112192 AJ KIRKWOOD & ASSOCIATES 12463276 037-10290 CARD ACCESS SOFTWARE UPGRADE 5,652.92 Total : 5,652.92
173894 11/14/2023 100925 AMERICAN MOVING PARTS 01A149616 GTRANS AUTO PARTS 356.64 554.18GTRANS AUTO PARTS01A149870
1,798.16GTRANS AUTO PARTS01A150062
1,798.16GTRANS AUTO PARTS01A150064
2,189.98GTRANS AUTO PARTS01A150106
192.92GTRANS AUTO PARTS01A150254
Total : 6,890.04
173895 11/14/2023 110028 ANSER ADVISORY MANAGEMENT LLC 18415 037-10228 PROJECT MANAGEMENT SUPPORT - ELECTRIFICA 1,522.50 037-10228 5,395.00PROJECT MANAGEMENT SUPPORT - ELECTRIFICA19714 T
otal : 6,917.50
173896 11/14/2023 101628 AQUA-FLO SUPPLY SI2202032 PARK MAINT SUPPLIES 123.42 188.03PARK MAINT SUPPLIESSI2204428
Total : 311.45
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Voucher Date Vendor Invoice PO # Description/Account Amount 173897 11/14/2023 108625 ARAD OIL INC. OCTOBER 2023 CAR WASH 528.00 480.00CAR WASHSEPTEMBER 2023
Total : 1,008.00
173898 11/14/2023 112640 ARELLANO ASSOCIATES, LLC 20365 037-10284 MICROTRANSIT SERVICE COMMUNITY OUTREACH 1,302.83 Total : 1,302.83
173899 11/14/2023 101459 ASBURY ENVIRONMENTAL SERVICES I500-00972877 HAZARDOUS WASTE DISPOSAL SERVICES 100.00 Total : 100.00
173900 11/14/2023 104687 AT&T 20674703 TELEPHONE 32,230.73
33.56TELEPHONE20708319
85.87TELEPHONE20708320
33.56TELEPHONE20708334
31.43TELEPHONE20708342
82.53TELEPHONE20708343
368.76TELEPHONE20727215
1,858.10TELEPHONE20757436
Total : 34,724.54
173901 11/14/2023 111170 AT&T FIRSTNET 287293416290X101023 PD CELL PHONE ACCT #287293416290 1,982.16 Total : 1,982.16
173902 11/14/2023 100964 AT&T MOBILITY 287275680401X110123 PD CELL PHONE ACCT #287275680401 147.96 646.69PD CELL PHONE ACCT #835577878835577878X11012023
Total : 794.65
173903 11/14/2023 102880 AUTOPLEX, INC. 15565 2019 FORD F-250 #AC-1 OIL & FILTER CHANG 88.39
54.082005 CHEV TAHOE #1096948 OIL CHANGE15576
68.962016 FORD FUSION # 1433321 OIL CHANGE15577
68.962016 FORD FUSION #1500850 OIL CHANGE15579
Total : 280.39
173904 11/14/2023 109824 AXON ENTERPRISE INC. INUS187957 PD PROGRAM SUPPLIES 689.06 Total : 689.06
173905 11/14/2023 110686 AZTECH ELEVATOR COMPANY AZ18103 024-00958 ELEVATOR MAINTENANCE - NCC 285.00 285.00ELEVATOR MAINTENANCE - PWAZ18105
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Voucher Date Vendor Invoice PO # Description/Account Amount 173905 11/14/2023 (Continued)110686 AZTECH ELEVATOR COMPANY 100.00ELEVATOR MAINTENANCE - NCCAZ18106
024-00958 100.00ELEVATOR MAINTENANCE - CHAZ18107
Total : 770.00
173906 11/14/2023 102400 BAYSIDE MEDICAL CENTER 00160648 BLOOD DRAW 190.80 Total : 190.80
173907 11/14/2023 109037 BEEMAN, RAYMOND 10/03-10/04 ADA COMPLIANCE BOOT CAMP 150.00 Total : 150.00
173908 11/14/2023 107747 BENGAR PRODUCTIONS 7299 EMBROIDERY - REC/HS STAFF SHIRTS 434.00 Total : 434.00
173909 11/14/2023 112299 BERMUDEZ, JASMINE 10/16-10/19 NEOGOV CONFERENCE - PER DIEM & LODGING 650.00 Total : 650.00
173910 11/14/2023 109377 BOB BARKER COMPANY, INC. INV1952390 JAIL PROGRAM SUPPLIES 64.21 Total : 64.21
173911 11/14/2023 111902 BPR CONSULTING GROUP LLC 1023 032-00144 CONSULTING SERVICES - SEPTEMBER 2023 62,813.59 Total : 62,813.59
173912 11/14/2023 102383 BROCK, DAVID 10/16-10/20 BASIC NARCOTICS/SPECIALIZED TRAINING 250.00 Total : 250.00
173913 11/14/2023 112335 CALIFORNIA ARM DEVELOPMENT PERMIT #50019-0348 PERMIT DEPOSIT REFUND - 16407 NORMANDIE 15,000.00 Total : 15,000.00
173914 11/14/2023 110538 CANNON COMPANY 86322 024-00821 RBB ARTERIAL IMPROVEMENT PROJECT, JN945 5,683.00 Total : 5,683.00
173915 11/14/2023 823003 CARL WARREN & COMPANY CWC-2037811 CLAIMS MANAGEMENT 51.00 Total : 51.00
173916 11/14/2023 803420 CARPENTER, ROTHANS & DUMONT, LAW OFFICES OF44738 LEGAL SERVICES 252.34
86.40LEGAL SERVICES44739
18.00LEGAL SERVICES44740
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Voucher Date Vendor Invoice PO # Description/Account Amount 173916 1
1/14/2023 (Continued)803420 CARPENTER, ROTHANS & DUMONT, LAW OFFICES OF 207.00LEGA L SERVICES44742
3,506.39LEGAL SERVICES44743
1,378.95LEGAL SERVICES44744
18.00LEGAL SERVICES44745
36.00LEGAL SERVICES44748
216.00LEGAL SERVICES44749
Total : 5,719.08
173917 11/14/2023 105122 CERDA, TASHA 09/29-10/04 2023 ICMA ANNUAL CONFERENCE 444.05 Total : 444.05
173918 11/14/2023 108378 CHARLES E. THOMAS COMPANY INC. 104716 037-10246 HEALY QUARTERLY INSPECTION 210.83 Total : 210.83
173919 11/14/2023 203115 CILVA, ALICE 11/07-11/13 2023 CMRTA ANNUAL CONFERENCE 483.96 Total : 483.96
173920 11/14/2023 312105 CITY OF LOS ANGELES MA240000022 TRAFFIC SIGNAL MAINTENANCE & OPERATION 852.83 T
otal : 852.83
173921 11/14/2023 111534 CLEAN ENERGY CE12617950 037-10217 GTRANS OFFSITE CNG FUELING SERVICES 64,397.24 037-10282 53,413.64GTRANS OFFSITE CNG FUELING SERVICESCE12626893 037-10062 735,177.26GTRANS
FACILITY MODIFICATIONSPJI00025399
Total : 852,988.14
173922 11/14/2023 103125 COMPLETE COACH WORKS 91481 BUS #768 SERVICE CALL - DIAGNOSE & REPAI 1,982.60 1,974.28BUS #736 SERVICA CALL - DIAGNOSE & REPAI91636
T
otal : 3,956.88
173923 11/14/2023 103274 CONTRERAS, LUIS 10/23-10/25 SUPERVISORY LEADERSHIP INSTITUTE CLASS 150.00 T
otal : 150.00
173924 11/14/2023 102388 COPYLAND, INC. 84099 037-10278 GTRANS 2"X3.5" COLOR BUSINESS CARDS 130.84 T
otal : 130.84
173925 11/14/2023 109913 COSTAR REALTY INFORMATION INC. 120468289 032-00141 COSTAR SUITE - OCTOBER 2023 860.00 032-00141 860.00COSTAR SUITE - NOVEMBER 2023120491172
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,720.00 173925 11/14/2023 109913 109913 COSTAR REALTY INFORMATION INC. 173926 11/14/2023 103512 CRENSHAW LUMBER CO. 95882 BLDG MAINT SUPPLES 123.51 Total : 123.51
173927 11/14/2023 103353 CRM COMPANY, LLC. LA23679 SCRAP TIRE DISPOSAL FEE 69.50
69.50SCRAP TIRE DISPOSAL FEELA23707
69.50SCRAP TIRE DISPOSAL FEELA23757
Total : 208.50
173928 11/14/2023 107905 CROWN CASTLE PERMIT #17837 PERMIT DEPOSIT REFUND - 1875 W REDONDO 5,000.00 Total : 5,000.00
173929 11/14/2023 106193 CUMMINS SALES AND SERVICE X4-41943 GTRANS AUTO PARTS 191.64 163.72PW AUTO PARTSX4-43202
Total : 355.36
173930 11/14/2023 110319 CWE DIRECTOR 23437 024-00766 MS4 & NPDES MONITORING & COMPLIANCE SERV 5,697.50 024-00846 13,260.99MS4 & NPDES MONITORING & COMPLIANCE SERV23438 Total : 18,958.49
173931 11/14/2023 104736 D&R OFFICE WORKS, INC. 129773 REC OFFICE FURNITURE 874.28 Total : 874.28
173932 11/14/2023 111874 DAVID VOLZ DESIGN LANDSCAPE, ARCHITECTS, INC422565 024-00940 ROWLEY PARK SIGN, JN529 6,611.40 Total : 6,611.40
173933 11/14/2023 312558 DEPARTMENT OF ANIMAL CARE, & CONTROLSEPTEMBER 2023 MONTHLY ANIMAL SERVICES - SEPTEMBER 2023 1,813.28 Total : 1,813.28
173934 11/14/2023 303459 DEPARTMENT OF JUSTICE 684903 035-01279 FINGERPRINT APPS - SEPTEMBER 2023 1,964.00 Total : 1,964.00
173935 11/14/2023 312117 DEPARTMENT OF WATER & POWER 102323 LIGHT & POWER 101.28
79.84LIGHT & POWER103023
Total : 181.12
173936 11/14/2023 103241 DP STAR AUTOMOTIVE, INC. 69907 SMOG INSPECTIONS - 2011 NISSAN FRONTIER 50.00 7Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount 173936 11/14/2023 (Continued)103241 DP STAR AUTOMOTIVE, INC.
50.00SMOG INSPECTION - 2007 CHEVY #127901970239
50.00SMOG INSPECTION - 2009 CHEVY C3500 #132770240
50.00SMOG INSPRCTION - 1997 SATURN X71 #E042670543
Total : 200.00
173937 11/14/2023 109416 E S SPORTS 11799 CUSTOM GRAPHICS FOR UNIT PE-5 745.40 Total : 745.40
173938 11/14/2023 110534 EL DORADO NATIONAL 90822070 GTRANS BUS VEHICLE SUPPLIES 35.06
65.66GTRANS BUS VEHICLE SUPPLIES90823771
318.41GTRANS BUS VEHICLE SUPPLIES90825399
595.04GTRANS BUS VEHICLE SUPPLIES90825825
595.04GTRANS BUS VEHICLE SUPPLIES90826242
1,102.28GTRANS BUS VEHICLE SUPPLIES90826727
Total : 2,711.49
173939 11/14/2023 105418 EMPIRE CLEANING SUPPLY S6102991 CUSTODIAL SUPPLIES 604.21 528.79CUSTODIAL SUPPLIESS6103053.001
54.26CUSTODIAL SUPPLIESS6103053.002
Total : 1,187.26
173940 11/14/2023 106459 ENTERPRISE FM TRUST FBN4851307. 023-01487 2023 FORD F-150 VIN #1FTVW1EL5PWG20363 33,846.34 Total : 33,846.34
173941 11/14/2023 112676 ENVIRONMENTAL CHARTER HIGH, SCHOOL GARDENAPERMIT #50022-0324 PERMIT DEPOSIT REFUND - 2625 MANHATTAN B 15,000.00 Total : 15,000.00
173942 11/14/2023 105650 EWING IRRIGATION PRODUCTS 20848289 PARK MAINT SUPPLIES 160.45 117.08PARK MAINT SUPPLIES20891439
Total : 277.53
173943 11/14/2023 100055 FAIR HOUSING FOUNDATION SEPTEMBER 2023 CDBG CONSULTANT 1,947.52 Total : 1,947.52
173944 11/14/2023 106109 FASTSIGNS 0094-112916 CM OFFICE SIGNS 423.14 Total : 423.14
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Voucher Date Vendor Invoice PO # Description/Account Amount 173945 11/14/2023 106129 FEDEX 8-284-81250 SHIPPING SERVICES 285.21 Total : 285.21
173946 11/14/2023 106129 FEDEX 8-299-34702 SHIPPING SERVICES 31.11 Total : 31.11
173947 11/14/2023 112329 FM THOMAS AIR CONDITIONING INC 45889 SERVICE CALL - HVAC REPAIRS 889.96 934.87SERVICE CALL - HVAC REPAIRS45890
132.98SERVICE CALL - HVAC REPAIRS45891
Total : 1,957.81
173948 11/14/2023 106465 FOX FIRST AID & SAFETY INC 71175 STREET MAINT SUPPLIES 63.95
31.97STREET MAINT SUPPLIES71182
Total : 95.92
173949 11/14/2023 206778 FOX, TODD M. 101723 REFUND - LOAN PAYOFF OVERAGE 172.98 Total : 172.98
173950 11/14/2023 108102 FUNFLICKS OF SO CAL 18133839 EQUIPMENT RENTAL - MOVIE ON THE LAWN 1,327.81 Total : 1,327.81
173951 11/14/2023 108183 GARDENA ACE HARDWARE 94760 STREET MAINT SUPPLIES 30.32 Total : 30.32
173952 11/14/2023 107030 GARDENA AUTO PARTS 173612 PD AUTO PARTS 97.31
22.03PD AUTO PARTS173669
41.22PW AUTO PARTS174136
Total : 160.56
173953 11/14/2023 107011 GARDENA VALLEY NEWS, INC. 00135362 SUMMARY OF ORDINANCE NO 1858 119.00 1,757.00NOTICE INVITING BIDS - STORM DRAIN DEBRI00135800 105.00SUMMARY OF ORDINANCE NO.1856 -00135801
1,624.00NOTICE INVITING BIDS - FOR GARDENA COMMU00135802 133.00NOTICE OF PUBLIC HEARING - MODIFICATION00136111
210.00NOTICE OF PUBLIC HEARING - ORDINANCE00136147
Total : 3,948.00
173954 11/14/2023 619005 GAS COMPANY, THE 103123 GAS 4,994.82 9Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) T
otal : 4,994.82 173954 11/14/2023 619005 619005 GAS COMPANY, THE 173955 11/14/2023 107056 GENFARE 90194547 GTRANS AUTO PARTS 20.32 2,142.55GTRANS AUTO PARTS90195040
Total : 2,162.87
173956 11/14/2023 106470 GILLIG LLC 41090666 037-10270 GTRANS AUTO PARTS 1,189.06 037-10270 410.13GTRANS AUTO PARTS41090667
037-10270 1,232.54GTRANS AUTO PARTS41098320
Total : 2,831.73
173957 11/14/2023 619004 GOLDEN STATE WATER CO. 102423 WATER 18,054.92 Total : 18,054.92
173958 11/14/2023 109055 GRAFFITI SHIELD, INC. 23544 BUS GRAFFITI SHIELD 890.13 Total : 890.13
173959 11/14/2023 107513 GRAINGER 9860356741 BUS FACILITY SUPPLIES 152.66 361.13BUS FACILITY SUPPLIES9861426865
70.33PW AUTO SUPPLIES9866706667
84.97BUS FACILITY SUPPLIES9868726580
96.94BUS FACILITY SUPPLIES9878129718
Total : 766.03
173960 11/14/2023 112611 GUNNER CONCRETE O-0012384 STREET MAINT SUPPLIES 699.08 Total : 699.08
173961 11/14/2023 112669 HALL, BRENT PERMIT #50022-0298 PERMIT DEPOSIT REFUND - 15520 GRAMERCY 5,000.00 T
otal : 5,000.00
173962 11/14/2023 108113 HDL COREN & CONE SIN033057 2022-23 ACFR STATISTICAL DATA 1,095.00 Total : 1,095.00
173963 11/14/2023 112076 HERNANDEZ, ROSA 001 INTERN SERVICES - 10/14-11/01/23 441.00 1,890.00INTERN SERVICES - 10/12-10/30/23023 11/01/23
Total : 2,331.00
173964 11/14/2023 111549 HF & H CONSULTANTS, LLC 9720641 024-00970 CONSULTING SERVICES - SOLID WASTE 4,874.75 10Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 4,874.75 173964 11/14/2023 111549 111549 HF & H CONSULTANTS, LLC 173965 11/14/2023 108434 HOME DEPOT CREDIT SERVICES 0040555 YOUTH PROGRAM SUPPLIES 95.21 234.64BLDG MAINT SUPPLIES0314647
70.29BLDG MAINT SUPPLIES0341708
200.20PD PROGRAM SUPPLIES0520923
95.20SEWER PROGRAM SUPPLIES2052462
763.55BLDG MAINT SUPPLIES2342097
28.44PARK MAINT SUPPLIES3353434
-43.77BLDG MAINT SUPPLIES4234909
96.81BLDG MAINT SUPPLIES4342275
87.56STREET MAINT SUPPLIES6022712
34.78STREET MAINT SUPPLIES6353174
67.32BLDG MAINT SUPPLIES6353395
34.17BLDG MAINT SUPPLIES6360710
128.02REC PROGRAM SUPPLIES6903573
98.10STREET MAINT SUPPLIES8314467
87.71REC PROGRAM SUPPLIES8336177
17.57REC PROGRAM SUPPLIES8495451
201.22REC PROGRAM SUPPLIES8902394
74.38PARK MAINT SUPPLIES9342387
Total : 2,371.40
173966 11/14/2023 112673 HORLOCHER, SCOTT PERMIT #50022-1397 PERMIT DEPOSIT REFUND - 1631 W 154TH ST 5,000.00 Total : 5,000.00
173967 11/14/2023 104572 HUDSON AUDIO WORKS 12261 034-00628 JAZZ FESTIVAL - STAGE BACKLINE 8,220.00 Total : 8,220.00
173968 11/14/2023 110222 INTERAMERICAN MOTOR, LLC 065-373359 GTRANS AUTO PARTS 17.13 109.01GTRANS AUTO PARTS065-388518
201.79GTRANS AUTO PARTS101-173399
28.55GTRANS AUTO PARTS101-188671
81.84GTRANS AUTO PARTS101-201200
25.94GTRANS AUTO PARTS103757358
25.94GTRANS AUTO PARTS105721374
38.30GTRANS AUTO PARTS106029605
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Voucher Date Vendor Invoice PO # Description/Account Amount 173968 11/14/2023 (Continued)110222 INTERAMERICAN MOTOR, LLC -184.32GTRANS AUTO PARTS110-093280
251.27GTRANS AUTO PARTS110-669912
63.89GTRANS AUTO PARTS110-671138
22.05GTRANS AUTO PARTS110-672209
70.38GTRANS AUTO PARTS110-673094
30.92GTRANS AUTO PARTS250480735
854.54GTRANS AUTO PARTS31855659
66.75GTRANS AUTO PARTS31875257
32.18GTRANS AUTO PARTS64392336
39.53GTRANS AUTO PARTS64417417
Total : 1,775.69
173969 11/14/2023 106714 INTERSTATE BATTERIES OF, CALIFORNIA COAST, INC.140077440 GTRANS AUTO PARTS 1,508.33 675.61GTRANS AUTO PARTS140077620
Total : 2,183.94
173970 11/14/2023 103064 ITERIS, INC. 163203 024-00971 CONSULTANT SERVICES - ITS MASTER PLAN, J 10,921.00 Total : 10,921.00
173971 11/14/2023 111750 JL GROUP LLC 23002EL.2 035-01281 PD INVESTIGATION SERVICES 2,640.00 035-01281 3,060.00PD INVESTIGATION SERVICES23008BG.1
035-01281 2,880.00PD INVESTIGATION SERVICESBG23008.1
Total : 8,580.00
173972 11/14/2023 110853 JONES & MAYER 118562 020-00048 ATTORNEY SERVICES 11,052.35 2,285.98ATTORNEY SERVICES118563
250.91ATTORNEY SERVICES118564
342.92ATTORNEY SERVICES118565
114.30ATTORNEY SERVICES118566
446.04ATTORNEY SERVICES118567
167.27ATTORNEY SERVICES118568
233.59ATTORNEY SERVICES118569
342.92ATTORNEY SERVICES118570
1,115.12ATTORNEY SERVICES118571
3,122.34ATTORNEY SERVICES118572
1,003.61ATTORNEY SERVICES118573
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Voucher Date Vendor Invoice PO # Description/Account Amount 173972 11/14/2023 (Continued)110853 JONES & MAYER
1,988.91ATTORNEY SERVICES118574
2,994.77ATTORNEY SERVICES118575
780.82ATTORNEY SERVICES118576
10,119.76ATTORNEY SERVICES118577
3,847.17ATTORNEY SERVICES118579
937.29ATTORNEY SERVICES118762
3,131.96ATTORNEY SERVICES118763
473.93ATTORNEY SERVICES118764
4,767.13ATTORNEY SERVICES18578
Total : 49,519.09
173973 11/14/2023 211429 KEMP, TAMARA SEP-NOV 2023 DANCE INSTRUCTOR 1,350.00 Total : 1,350.00
173974 11/14/2023 110385 KIMLEY-HORN AND ASSOCIATES, INC 26254831 032-00120 DEVELOPMENT SERVICES - 14600 WESTERN AVE 8,260.79 Total : 8,260.79
173975 11/14/2023 111260 KJOS, BARBARA JEAN 004 GARDENA FAMILY CHILD CARE PROGRAM 1,054.00 Total : 1,054.00
173976 11/14/2023 110989 KOA CORPORATION JC36122-1 024-00994 CMI SERVICES - VAN NESS REHAB, JN992 3,600.00 Total : 3,600.00
173977 11/14/2023 110677 KOFF & ASSOCIATES, INC 017916 PROFESSIONAL SERVICES - JOB CLASSIFICATI 340.00 Total : 340.00
173978 11/14/2023 108349 KOSMONT COMPANIES 2209.6-005 032-00127 CONSULTING SERVICES - AFFORDABLE HOUSING 591.50 Total : 591.50
173979 11/14/2023 108475 L.A. CASCADE INC. 52776 TEMPURE LAB FREEZER - SERVICE CALL 774.74 Total : 774.74
173980 11/14/2023 312030 L.A. COUNTY ASSESSOR 24ASRE027 MAPS/POSTAGE 8.07 Total : 8.07
173981 11/14/2023 312240 L.A. COUNTY DEPARTMENT OF, PUBLIC WORKS23101001863 024-00988 INDUSTRIAL WASTE SERVICES 10,627.31 024-00988 2,738.21TRAFFIC SIGNAL MAINT-HIGHWAY SAFETY-SEPT23101002185 13Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 13,365.52 173981 11/14/2023 312240 312240 L.A. COUNTY DEPARTMENT OF, PUBLIC WORKS 173982 11/14/2023 312240 L.A. COUNTY DEPARTMENT OF, PUBLIC WORKSIN2400000214 024-01003 LABOR & EQUIPMENT CHARGES - TS 0332 2,117.79 Total : 2,117.79
173983 11/14/2023 112145 L.A. COUNTY FIRE DEPARTMENT IN0428661 UNDERGROUND STORAGE TANK PROGRAM (UST) 3,979.00 Total : 3,979.00
173984 11/14/2023 312039 L.A. COUNTY FIRE DEPARTMENT C0011571 023-01468 FIRE PROTECTION SERVICES - DECEMBER 2023 1,005,313.20 Total : 1,005,313.20
173985 11/14/2023 312113 L.A. COUNTY SHERIFF'S DEPT 240422BL INMATE MEAL DELIVERY PROGRAM - AUGUST 20 866.05 672.00INMATE MEAL DELIVERY PROGRAM - SEPTEMBER240752BL
Total : 1,538.05
173986 11/14/2023 109939 LA UNIFORMS & TAILORING 18133 PD UNIFORM SUPPLIES 441.72 452.74PD UNIFORM SUPPLIES18211
90.35PD UNIFORM SUPPLIES18272
107.99PD UNIFORM SUPPLIES18273
452.74PD UNIFORM SUPPLIES18285
304.07PD UNIFORM SUPPLIES18308
Total : 1,849.61
173987 11/14/2023 105874 LAWSON PRODUCTS, INC. 9310953300 BUS SHOP SUPPLIES 214.22 255.56BUS SHOP SUPPLIES9310996720
116.05BUS SHOP SUPPLIES9311004324
225.40BUS SHOP SUPPLIES9311011574
Total : 811.23
173988 11/14/2023 112614 LAX AUTO REPAIR 19000 2018 FORD INTRCPTR #1554675 OIL & FILTER 492.61 1,121.442018 FORD INTRCPTR #1554674 BRAKE SERVIC19029
Total : 1,614.05
173989 11/14/2023 112260 LIEBERT CASSIDY WHITMORE 252039 LEGAL SERVICES 1,218.00 3,129.00LEGAL SERVICES252050
6,345.00LEGAL SERVICES252057
1,931.00LEGAL SERVICES252068
217.50LEGAL SERVICES252074
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Voucher Date Vendor Invoice PO # Description/Account Amount 173989 11/14/2023 (Continued)112260 LIEBERT CASSIDY WHITMORE 203.00LEGAL SERVICES252104
10,161.00LEGAL SERVICES252110
3,867.50LEGAL SERVICES253180
Total : 27,072.00
173990 11/14/2023 109517 LOAD N' GO BUILDING MATERIALS 28193 STREET MAINT SUPPLIES 35.25 Total : 35.25
173991 11/14/2023 112607 LUMINATOR TECHNOLOGY GROUP INC 618111 037-10288 GTRANS CAMERA HARD DRIVES FOR BUSES 15,493.62 Total : 15,493.62
173992 11/14/2023 112615 LU'S LIGHTHOUSE, INC. 01250997 037-10271 GTRANS SHOP SUPPLIES 80.93 037-10271 499.82GTRANS SHOP SUPPLIES01251815
Total : 580.75
173993 11/14/2023 105082 MAJESTIC LIGHTING, INC. ML86543 BLDG MAINT SUPPLIES 292.48 Total : 292.48
173994 11/14/2023 113036 MANERI SIGN CO., INC. 40014965 SIGNS - GARDENA CITY LOGO 67.76 Total : 67.76
173995 11/14/2023 112616 MARTINEZ CONCRETE, INC. 23057 024-01002 TREE REMOVALS & REPLACEMENTS 4,200.00 024-00973 138,994.50PEDESTRIAN SAFETY IMPROVEMENT, JN51323057 1 024-00973 19,950.00PEDESTRIAN SAFETY IMPROVEMENT, JN51323057 2 Total : 163,144.50
173996 11/14/2023 112678 MARTINEZ, GRISELDA RECEIPT #61080402 REFUND - FLAG FOOTBALL CANCELLED 70.00 Total : 70.00
173997 11/14/2023 109063 MARTINEZ, JOEL 10/23-10/27 BREACHER CERTIFICATION COURSE - PER DIEM 250.00 Total : 250.00
173998 11/14/2023 112613 MATSUOKA, TODD 10/23-10/25 2023 CALBO CONFERENCE - MILEAGE, 70.22 Total : 70.22
173999 11/14/2023 111809 MATTUCCI PLUMBING INC. PERMIT #17855 PERMIT DEPOSIT REFUND - 17006 S 1,000.00 15Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,000.00 173999 11/14/2023 111809 111809 MATTUCCI PLUMBING INC. 174000 11/14/2023 113064 MCMASTER-CARR SUPPLY COMPANY 13878088 GTRANS SHOP SUPPLIES 26.35
78.69GTRANS SHOP SUPPLIES14911494
61.88GTRANS SHOP SUPPLIES14976544
93.94GTRANS SHOP SUPPLIES15496903
157.73GTRANS SHOP SUPPLIES15513588
181.19GTRANS SHOP SUPPLIES15817301
794.63GTRANS SHOP SUPPLIES15890232
553.28GTRANS SHOP SUPPLIES16190215
94.80GTRANS SHOP SUPPLIES16514611
74.76GTRANS SHOP SUPPLIES16729448
590.16GTRANS SHOP SUPPLIES16787826
Total : 2,707.41
174001 11/14/2023 113299 MERRIMAC ENERGY GROUP 2227545 037-10260 87 OCTANE REGULAR UNLEADED FUEL 33,229.20 Total : 33,229.20
174002 11/14/2023 113299 MERRIMAC ENERGY GROUP 2227546 037-10260 87 OCTANE REGULAR UNLEADED FUEL 32,862.18 Total : 32,862.18
174003 11/14/2023 110206 MICHELIN NORTH AMERICA, INC. DA0056505695 037-10264 GTRANS' BUS TIRE LEASE SERVICES - AUGUST 6,583.02 037-10264 6,249.74GTRANS' BUS TIRE LEASE SERVICES - SEPTEMDA0056928693 Total : 12,832.76
174004 11/14/2023 104152 MODEL 1 COMMERCIAL, VEHICLES, INC. XA113010827:01 GTRANS AUTO PARTS 221.57
31.47GTRANS AUTO PARTSXA128010292
29.64GTRANS AUTO PARTSXA128015086
Total : 282.68
174005 11/14/2023 107505 MOUSER ELECTRONICS, INC. 76123533 GTRANS AUTO SUPPLIES 332.16
33.05GTRANS AUTO SUPPLIES76144465
Total : 365.21
174006 11/14/2023 109056 MULTICARD 52751 ANNUAL SERVICE EQUIPMENT CONTRACT 1,312.00 588.89PD PROGRAM SUPPLIES53002
Total : 1,900.89
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Voucher Date Vendor Invoice PO # Description/Account Amount 174007 11/14/2023 112670 MUMTAZ, MOHAMMAD IDREES PERMIT #50022-1096 PERMIT DEPOSIT REFUND - 15912 CASIMIR AV 7,500.00 Total : 7,500.00
174008 11/14/2023 113605 MUTUAL LIQUID GAS & EQUIPMENT, CO., INC.694869 PROPANE GAS 235.24 Total : 235.24
174009 11/14/2023 105622 N/S CORPORATION 0118580 037-10279 GTRANS BUS WASH EQUIPMENT PARTS 4,663.47 037-10249 586.00GTRANS BUS WASH EQUIPMENT MAINTENANCE0118877 037-10249 586.00GTRANS BUS WASH EQUIPMENT MAINTENANCE0119286 Total : 5,835.47
174010 11/14/2023 110575 OCCUPATIONAL HEALTH CENTERS, OF CALIFORNIA80746874 023-01486 RANDOM TESTS 254.00 023-01486 111.00RANDOM TESTS80747002
023-01486 678.00RANDOM TESTS80820260
023-01486 213.00RANDOM TESTS80821938
023-01486 625.00RANDOM TESTS80892955
023-01486 452.00RANDOM TESTS80894716
Total : 2,333.00
174011 11/14/2023 115168 OFFICE DEPOT 334307985 REC OFFICE SUPPLIES 57.99
72.13REC OFFICE SUPPLIES334396258
26.20BUS OFFICE SUPPLIES334524360
13.22REC OFFICE SUPPLIES335539842
32.01CM OFFICE SUPPLIES335942098
21.39CM OFFICE SUPPLIES335943252
26.49CM OFFICE SUPPLIES335943255
307.12PD OFFICE SUPPLIES336320459
90.11PD OFFICE SUPPLIES336867362
59.46PD OFFICE SUPPLIES337513119
61.21PD OFFICE SUPPLIES337749528
163.16PD OFFICE SUPPLIES338215221
136.69FINANCE OFFICE SUPPLIES339047338
70.80FINANCE OFFICE SUPPLIES339517987
Total : 1,137.98
174012 11/14/2023 109782 OMNITEK ENGINEERING CORP. 0012396 GTRANS SHOP SUPPLIES 972.52 Total : 972.52
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Voucher Date Vendor Invoice PO # Description/Account Amount 174013 1
1/14/2023 111358 O'REILLY AUTO PARTS 361813 GTRANS AUTO PARTS -22.00 -10.00GTRANS AUTO PARTS365675
39.67GTRANS AUTO PARTS371692
326.08GTRANS AUTO PARTS371693
245.97PW AUTO PARTS374519
480.44PW AUTO PARTS375841
-54.02PW AUTO PARTS376118
35.03PW AUTO PARTS376119
142.10PW AUTO PARTS376265
376.50PW AUTO PARTS377381
54.29PW AUTO PARTS377437
-71.66PW AUTO PARTS377588
-31.36PW AUTO PARTS377591
16.85PW AUTO PARTS377592
107.43PW AUTO PARTS378171
Total : 1,635.32
174014 11/14/2023 115810 ORKIN PEST CONTROL 249141804 PEST CONTROL - ACCT #27336703 283.99 283.99PEST CONTROL - ACCT #27336703249141805
283.99PEST CONTROL - ACCT #27336703250681284
283.99PEST CONTROL - ACCT #27336703250681285
Total : 1,135.96
174015 11/14/2023 112682 ORTIZ, MARISELA 10/23-10/25
2023 CALBO TRAINING - MILEAGE, PARKING 100.43
T
otal : 100.43
174016 11/14/2023 108382 OSORIO, CLINT 09/19-09/21 LEAGUE OF CA CITIES CONFERENCE 586.82 316.322023 ICMA ANNUAL CONFERENCE10/02-10/04
Total : 903.14
174017 11/14/2023 112680 OTEGBULU, ANTHONY PERMIT #50022-0813 PERMIT FEE REFUND - DUPLICATE 197.60 Total : 197.60
174018 11/14/2023 112173 PEREZ, NATHALIE 10/16-10/19 NEOGOV CONFERENCE - PER DIEM 150.00 Total : 150.00
174019 11/14/2023
112189 PERFECT SCORE ATHLETIC, TRAINING CENTER10/02-11/01/23 GYMNASTICS INSTRUCTOR SERVICES 7,879.50 18Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) T
otal : 7,879.50 174019 11/14/2023 112189 112189 PERFECT SCORE ATHLETIC, TRAINING CENTER 174020 1 1/14/2023 108600 PHOENIX GROUP INFORMATION, SYSTEMS 082023211 035-01283 PARKING CONTRACT SERVICES - AUGUST 2023 12,208.68 035-01283 43.92PARKING CONTRACT SERVICES - SEPTEMBER 200920231211 035-01283 20,791.81PARKING CONTRACT SERVICES - SEPTEMBER 20092023211 T
otal : 33,044.41
174021 11/14/2023 112401 PINNACLE CLAIMS MANAGEMENT INC 230100104 023-01493 2023 ACA REPORTING SERVICES 7,995.00 Total : 7,995.00
174022 11/14/2023 109851 PLANETBIDS, INC. 1023220 037-10297 PLANETBIDS VENDOR/BID MANAGEMENT SERVICE 7,247.58 T
otal : 7,247.58
174023 11/14/2023 116225 PLUMBERS DEPOT, INC. PD-54585 SEWER PROGRAM SUPPLIES 609.59 1,993.63SEWER PROGRAM SUPPLIESPD-54722
Total : 2,603.22
174024 11/14/2023 102677 PROVIDENCE HEALTH & SERVICES 600000283 10/05/23 PRE-EMPLOYMENT PHSYICALS 360.00 Total : 360.00
174025 11/14/2023 106092 PRUDENTIAL OVERALL SUPPLY 42869879 037-10280 UNIFORM & SUPPLY RENTAL 340.86 037-10280 340.86UNIFORM & SUPPLY RENTAL42871935
037-10280 340.86UNIFORM & SUPPLY RENTAL42873707
037-10280 635.23UNIFORM & SUPPLY RENTAL42875838
024-01006 144.38UNIFORM & SUPPLY RENTAL42878193
034-00616
034-00616 41.46UNIFORM & SUPPLY RENTAL42878196
034-00616 50.10SUPPLY RENTAL - MATS - GTRANS42878197
037-10280 340.86UNIFORM & SUPPLY RENTAL42879661
034-00616 162.06UNIFORM & SUPPLY RENTAL42880054
024-01006
034-00616 41.46UNIFORM & SUPPLY RENTAL42880055
034-00616 50.10SUPPLY RENTAL - MATS - GTRANS42880056
034-00616 13.65SUPPLY RENTAL - MATS - NCC42880057
034-00616 19.00SUPPLY RENTAL - MATS - CH42880058
034-00616 91.60SUPPLY RENTAL - MATS - PD42880059
034-00616 11.60SUPPLY RENTAL - MATS - HS42880060
037-10280 341.76SUPPLY RENTAL - MATS - GTRANS42881595
19Page:
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Bank code : usb
Voucher Date Vendor Invoice PO # Description/Account Amount 174025 11/14/2023 (Continued)106092 PRUDENTIAL OVERALL SUPPLY 034-00617 2,481.45CUSTODIAL SUPPLIES42881736
034-00616 162.23UNIFORM & SUPPLY RENTAL42881737
024-01006
034-00616 41.46UNIFORM & SUPPLY RENTAL42881738
034-00616 50.10SUPPLY RENTAL - MATS - GTRANS42881739
Total : 5,701.08
174026 11/14/2023 116820 PSOMAS 201405 037-09987 GTRANS DESIGN BUILD CONSTRUCTION OF CNG 4,864.75 Total : 4,864.75
174027 11/14/2023 116575 PSYCHOLOGICAL CONSULTING, ASSOCIATES, INC.526590 INDIVIDUAL PSYCHOTHERAPY 687.50 289.50INDIVIDUAL PSYCHOTHERAPY526651
550.00INDIVIDUAL PSYCHOTHERAPY526676
289.50INDIVIDUAL PSYCHOTHERAPY526682
Total : 1,816.50
174028 11/14/2023 108623 PUN GROUP LLP, THE 114193 023-01476 AUDIT SERVICES DURING FY 23/24 20,000.00 Total : 20,000.00
174029 11/14/2023 110928 QLESS, INC. 13238 032-00148 MOBILE QLESS SUBSCRIPTION 10,489.50 Total : 10,489.50
174030 11/14/2023 114143 QUADIENT LEASING USA, INC Q1031355 POSTAGE MAILING MACHINE LEASE 792.03 Total : 792.03
174031 11/14/2023 111574 RACE COMMUNICATIONS RC1028535 023-01491 FIBER INTERNET SERVICES - NOVEMBER 2023 5,754.24 Total : 5,754.24
174032 11/14/2023 112679 RC CONCRETE SPECIALIST PERMIT #17926 PERMIT DEPOSIT REFUND - 15908 S. MANHATT 2,000.00 Total : 2,000.00
174033 11/14/2023 118476 RICOH USA, INC. 9032188999 023-01479 RICOH MPC3503 COPIER LEASE - CLERK 901.54 023-01479 368.23RICOH MPC3503 COPIER LEASE - CD9032189012 023-01479 755.54RICOH MPC6502SP COPIER BASE LEASE9032189024 023-01479 1,129.60RICOH MPC3503 COPIER LEASE - CM9032189026 023-01479 552.40RICOH MPC3503 COPIER LEASE - PW9032196738 023-01479 1,153.36RICOH MPC3503 COPIER LEASE - NCC9032196744 20Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount 174033 11/14/2023 (Continued)118476 RICOH USA, INC.
023-01479 219.45RICOH MPC3503 COPIER LEASE - REC9032196855 023-01479 259.91RICOH MPC6003 COPIER LEASE - PD SOUTH~9032197049 023-01479 182.17RICOH MPC3503 COPIER LEASE - GTRANS 2ND9032197051 023-01479 211.57RICOH MPC3503 COPIER LEASE - ADMIN9032197151 023-01479 153.85RICOH MPC3503 COPIER LEASE - HS9032197356 023-01479 157.41RICOH MPC3503 COPIER LEASE - CHIEF9032197376 023-01479 204.62RICOH MPC3503 COPIER LEASE - SR. BUREAU9032197481 Total : 6,249.65
174034 11/14/2023 111867 RJM DESIGN GROUP 36006 024-00795 DESIGN & ENGINEERING - AQUATIC & SENIOR 3,175.75 Total : 3,175.75
174035 11/14/2023 112681 RJ'S CONSTRUCTION SUPPLIES 220000007086 TREE PROGRAM SUPPLIES 1,108.72 Total : 1,108.72
174036 11/14/2023 110918 RONIN MEDIA HOUSE, INC RMH23-044 PROFESSIONAL MEDIA SERVICES 1,000.00 Total : 1,000.00
174037 11/14/2023 119126 S.B.R.P.C.A. 04391 PD AUTO PARTS 1,549.08 733.16CD AUTO PARTS04392
1,549.08PD AUTO PARTS04395
1,549.08PD AUTO PARTS04396
769.85PW AUTO PARTS04398
Total : 6,150.25
174038 11/14/2023 112557 SA ASSOCIATES VERMONT-04 024-00955 CMI SERVICES - VERMONT/166TH ST IMPV 22,794.25 Total : 22,794.25
174039 11/14/2023 119022 SAFE MART OF SOUTHERN, CALIFORNIA, INC.256 BLDG MAINT SUPPLIES 305.94
70.57BLDG MAINT SUPPLIES287
18.85REC PROGRAM SUPPLIES341
12.57PD PROGRAM SUPPLIES347
Total : 407.93
174040 11/14/2023 119015 SAFETY-KLEEN CORPORATION 92578675 SERVICE AQUEOUS PARTS WASHER 1,153.36 Total : 1,153.36
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Voucher Date Vendor Invoice PO # Description/Account Amount 174041 11/14/2023 219364 SAFFELL, MICHAEL 10/24-10/27 LACPCA STRATEGIC PLANNING WORKSHOP 225.00 Total : 225.00
174042 11/14/2023 112327 SAMI'S REFEREES LLC 10/01-10/15/23 SPORT REFEREE SERVICES 590.00 Total : 590.00
174043 11/14/2023 119016 SAM'S CLUB 8232 PW DEPT SUPPLIES 65.08 Total : 65.08
174044 11/14/2023 105934 SANTIN, STEPHANY 101823 REIMBURSEMENT - PROGRAM SUBSCRIPTION 99.00 Total : 99.00
174045 11/14/2023 108654 SECTRAN SECURITY INC. 23092083 ARMORED TRANSPORTATION SERVICES - GTRANS 1,945.13 834.93ARMORED TRANSPORTATION SERVICES - GTRANS23100831
249.35ARMORED TRANSPORTATION SERVICES - OCTOBE23100832
Total : 3,029.41
174046 11/14/2023 112672 SERNA, ISAIAS PERMIT #50021-0385 PERMIT DEPOSIT REFUND-15017 WADKINS AVE. 5,000.00 Total : 5,000.00
174047 11/14/2023 107006 SHAMROCK COMPANIES 2729608 PARK MAINT SUPPLIES 78.84 Total : 78.84
174048 11/14/2023 110731 SHAW HR CONSULTING, INC 009553 PROFESSIONAL SERVICES 980.00 Total : 980.00
174049 11/14/2023 106975 SHERATON GATEWAY HOTEL M-QZ5BBDI 037-10298 GTRANS 2023 AWARDS CELEBRATION 5,000.00 Total : 5,000.00
174050 11/14/2023 119233 SHERWIN-WILLIAMS CO. 7312-1 STREET MAINT SUPPLIES 130.10 Total : 130.10
174051 11/14/2023 109918 SHIGE'S FOREIGN CAR SERVICE, INC. 8096026 035-01282 2018 FORD INTRCPTR #1554674 SERVICE & RE 1,704.20 035-01282 999.752018 FORD INTRCPTR #1554674 SERVICE & RE8096058 035-01282 275.342018 FORD INTRCPTR #1554678 SERVICE & RE8096100 035-01282 130.892021 FORD INTRCPTR #11757 SERVICE & REPA8096141 035-01282 405.722022 FORD INTRCPTR #G01330 BRAKE SERVICE8096193 22Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 3,515.90 174051 11/14/2023 109918 109918 SHIGE'S FOREIGN CAR SERVICE, INC. 174052 11/14/2023 107442 SHIN, TED 10/23-10/27 BREACHER CERTIFICATION COURSE - PER DIEM 250.00 Total : 250.00
174053 11/14/2023 119378 SMARDAN SUPPLY CO. S4024425 BLDG MAINT SUPPLIES 383.16
41.50BLDG MAINT SUPPLIESS4024700
115.52BLDG MAINT SUPPLIESS4024884
Total : 540.18
174054 11/14/2023 102027 SOUTH BAY ELECTRIC MOTORS, INC 26464 BUS AUTO PARTS 1,908.09 743.58REPAIR REULAND MOTOR26493
Total : 2,651.67
174055 11/14/2023 119447 SOUTH BAY FORD 516075 2020 FORD EXPLR #B66342 SERVICE & REPAIR 971.76 035-01294 2,449.662021 FORD EXPLR #A11760 SERVICE & REPAIR516756 110.002012 FORD F350 SERVICE & REPAIR518895
Total : 3,531.42
174056 11/14/2023 119447 SOUTH BAY FORD 460265 PW AUTO PARTS 360.82 1,018.05PW AUTO PARTS460487
23.92PW AUTO PARTS460539
Total : 1,402.79
174057 11/14/2023 112633 SOUTH BAY KUSTOMZ, LLC 13509 2018 FORD EXPLR UNIT P17 REPAIRS 1,372.05 997.602007 FORD SWAT UNIT ERV-2 REPAIRS13510
929.392022 FORD EXPLORER P13 SERVICE & REPAIR13511
Total : 3,299.04
174058 11/14/2023 619003 SOUTHERN CALIFORNIA EDISON 101623 LIGHT & POWER 73,217.47 Total : 73,217.47
174059 11/14/2023 103202 SOUTHERN COUNTIES LUBRICANTS, LLC 191417 BUS AUTOMOTIVE FLUIDS 1,861.58 1,775.30BUS AUTOMOTIVE FLUIDS192544
Total : 3,636.88
174060 11/14/2023 108238 SPARKLETTS 14211220 100423 PD PROGRAM SUPPLIES 42.99 23Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 42.99 174060 11/14/2023 108238 108238 SPARKLETTS 174061 11/14/2023 111778 SPCALA 092023 032-00143 ANIMAL SHELTER SERVICES 10,338.13 Total : 10,338.13
174062 11/14/2023 104126 SPECTRUM 0851122101223 CABLE SERVICES - PD 83.54 Total : 83.54
174063 11/14/2023 104453 SPICERS PAPER, INC. 50012849 023-01480 PRINT SHOP PAPER 2,728.69 Total : 2,728.69
174064 11/14/2023 119548 ST. JOHN LUTHERAN CHURCH OCTOBER 2023 SENIOR CITIZEN DAY CARE 750.00 Total : 750.00
174065 11/14/2023 119594 STANLEY PEST CONTROL COG 1023 PEST CONTROL SERVICE - 1670 W 162ND ST; 654.00 117.00PEST CONTROL SERVICE -2320 W 149TH AVE;COG 1023-1 Total : 771.00
174066 11/14/2023 119010 STAPLES ADVANTAGE 3549909945 REC OFFICE SUPPLIES 66.75
40.73REC OFFICE SUPPLIES3550446894
Total : 107.48
174067 11/14/2023 100609 TANK SPECIALISTS OF CALIFORNIA 33065 CERTIFIED DESIGNATED OPERATOR SERVICE 198.00 Total : 198.00
174068 11/14/2023 110238 TIREHUB, LLC 37834150 TIRES - GY ASSU ALL SEASON 235 70/16 816.52 Total : 816.52
174069 11/14/2023 111990 TOWNSEND PUBLIC AFFAIRS, INC 20698 023-01481 CONSULTING SERVICES - NOVEMBER 2023 7,000.00 Total : 7,000.00
174070 11/14/2023 110851 TRAPEZE SOFTWARE GROUP, INC. TSMAU230553 037-10293 SCHEDULING AND OPERATIONS MANAGEMENT SOF 23,980.00 037-10293 4,710.00SCHEDULING AND OPERATIONS MANAGEMENT SOFTSMAU230554 037-10293 2,801.00SCHEDULING AND OPERATIONS MANAGEMENT SOFTSMAU230555 037-10293 1,449.00SCHEDULING AND OPERATIONS MANAGEMENT SOFTSMAU230556 Total : 32,940.00
174071 11/14/2023 110851 TRAPEZE SOFTWARE GROUP, INC. TSMAU230582 037-10293 SCHEDULING AND OPERATIONS MANAGEMENT SOF 2,348.00 24Page:
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Voucher Date Vendor Invoice PO # Description/Account Amount 174071 1
1/14/2023 (Continued)110851 TRAPEZE SOFTWARE GROUP, INC. 037-10231 2,462.51GTRANS SCHEDULING & OPERATIONS MGMT SOFTTSPAU230149 T
otal : 4,810.51
174072 11/14/2023 105556 TRIANGLE SPORTS, INC. 42191 034-00627 YOUTH SPORTS UNIFORMS 2,093.64 243.09REC SPORTS SUPPLIES42192
Total : 2,336.73
174073 11/14/2023 111481 TRIO COMMUNITY MEALS, LLC INV2230035691A SENIOR FEEDING PROGRAM -1,206.88 034-00584 6,208.89SENIOR FEEDING PROGRAMINV2230036226
034-00584 6,137.68SENIOR FEEDING PROGRAMINV2230036339
034-00584 5,886.09SENIOR FEEDINGG PROGRAMINV2230036694
Total : 17,025.78
174074 11/14/2023 109900 U.S. BANK CORPORATE PAYMENT, SYSTEMS BEEMAN 10/23/23 CAL CARD STATEMENT 09/23-10/23/23 986.11 13,469.48CAL CARD STATEMENT 09/23-10/23/23FINANCE 10/23/23 035-01293 5,167.28CAL CARD STATEMENT 08/23-09/22/23MACIEL 09/22/23 3,199.17CAL CARD STATEMENT 08/23-09/22/23OROZCO 09/22/23 6,657.43CAL CARD STATEMENT 07/25-08/23/23PD TRAINING2 8/22/23 035-01292
216.61CAL CARD STATEMENT 08/23-09/22/23SAFFELL 09/22/23 4,893.49CAL CARD STATEMENT 09/23-10/23/23TSUJIUCHI 10/23/23 Total : 34,589.57
174075 11/14/2023 109900 U.S. BANK CORPORATE PAYMENT, SYSTEMS CRESPO 10/23/23 037-10299 CAL CARD STATEMENT 09/23-10/23/23 6,900.32 2,009.01CAL CARD STATEMENT 09/23-10/23/23HR 10/23/23
105.00CAL CARD STATEMENT 09/23-10/23/23KWAK 10/23/23
7,522.47CAL CARD STATEMENT 09/23-10/23/23PYNN 10/23/23
949.88CAL CARD STATEMENT 09/23-10/23/23RIGG 10/23/23
1,165.32CAL CARD STATEMENT 09/23-10/23/23ROMERO 10/23/23 4,103.55CAL CARD STATEMENT 09/23-10/23/23SWEENEY 10/23/23 Total : 22,755.55
174076 11/14/2023 109220 U.S. BANK EQUIPMENT FINANCE 514328749 RICOH MPC4503 COPIER LEASE - CD 151.70 Total : 151.70
174077 11/14/2023 104692 ULINE 166801394 BUS SHOP SUPPLIES 609.20 25Page:
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Bank code : usb
Voucher Date Vendor Invoice PO # Description/Account Amount 174077 11/14/2023 (Continued)104692 ULINE
86.61BUS SHOP SUPPLIES169620138
Total : 695.81
174078 11/14/2023 112671 ULTIMATE WINDOW AND DOOR, LLC. GAR-05 020-00050 CM OFFICE BATHROOM REMODEL/REPAIRS 4,000.00 Total : 4,000.00
174079 11/14/2023 107596 UNION PACIFIC RAILROAD COMPANY 90098320 024-00954 ENGINEERING SERVICES - TRAFFIC SIGNAL IM 205.11 024-00954 167.42ENGINEERING SERVICES - TRAFFIC SIGNAL IM90105051 024-00954 577.19ENGINEERING SERVICES - TRAFFIC SIGNAL IM90115102 024-00954 389.39ENGINEERING SERVICES - TRAFFIC SIGNAL IM90118545 024-00954 252.00ENGINEERING SERVICES - TRAFFIC SIGNAL IM90128853 Total : 1,591.11
174080 11/14/2023 103841 VILLAGE AUTO SPA JUN-SEP 2023 CAR WASH 48.00 201.00CAR WASHSEPTEMBER 2023
Total : 249.00
174081 11/14/2023 122435 VISTA PAINT CORPORATION 2023-196757-00 STREET MAINT SUPPLIES 780.57 260.08GTRANS FACILITY PAINT2023-202489-00
Total : 1,040.65
174082 11/14/2023 111719 WALLACE & ASSOCIATES, CONSULTING, INC 19910 024-00870 FIRE STATION ROOF REPLACEMENT, JN 509 630.00 037-10212 31,152.00DISPATCH REMODELING PROJECT, JN 51220047 Total : 31,782.00
174083 11/14/2023 108353 WALTERS WHOLESALE ELECTRIC CO S124215538 BLDG MAINT SUPPLIES 1,418.59 1,648.24BLDG MAINT SUPPLIESS124215763
241.50BLDG MAINT SUPPLIESS124225825
Total : 3,308.33
174084 11/14/2023 101195 WASTE RESOURCES GARDENA 102423 WASTE COLLECTION 266,304.31 Total : 266,304.31
174085 11/14/2023 104107 WAXIE SANITARY SUPPLY 82027993 BUS WASH SUPPLIES 221.60
50.36BUS WASH SUPPLIES82038386
Total : 271.96
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oucher List
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Bank code : usb
Voucher Date Vendor Invoice PO # Description/Account Amount 174086 1
1/14/2023 100107 WAYNE ELECTRIC CO. 211516 GTRANS AUTO PARTS 512.66 2,188.46GTRANS AUTO PARTS211549
469.71GTRANS AUTO PARTS211550
939.42GTRANS AUTO PARTS211599
Total : 4,110.25
174087 11/14/2023 123146 WEST BASIN WATER ASSOCIATION 230927-7 ANNUAL MEMBERSHIP DUES 500.00 Total : 500.00
174088 11/14/2023 123050 WILLIAMS SCOTSMAN, INC. 9018939248 035-01288 MODULAR BUILDING RENTAL CPX-80416 2,279.26 T
otal : 2,279.26
174089 11/14/2023 112677 WILLIAMS, SABA HAILE RECEIPT #61592815 MAINTENANCE DEPOSIT REFUND 250.00 Total : 250.00
174090 11/14/2023 103956 WORTHINGTON FORD F0CB708243 2013 FORD F550 #1343101 DIAGNOSE 1,436.35 237.372021 FORD INTERCEPT #1615789 BATTERY SERF0CS7087734 T
otal : 1,673.72
174091 11/14/2023 125001 YAMADA COMPANY, INC. 83610 PARK MAINT SUPPLIES 365.79
91.95PARK MAIN SUPPLIES83623
499.31PARK MAINT SUPPLIES83627
90.58PARK MAINT SUPPLIES83633
10.27PARK MAINT SUPPLIES83643
Total : 1,057.90
174092 11/14/2023 126122 ZEP SALES & SERVICE 9009050279 037-10295 BUS SHOP SUPPLIES 2,246.61 Total : 2,246.61
Bank total : 4,021,417.43 224 Vouchers for bank code : usb 4,021,417.43Total vouchers :Vouchers in this report 224 27Page:
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oucher List
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Voucher Date Vendor Invoice PO # Description/Account Amount
CLAIMS VOUCHER APPROVAL
I hereby certify that the demands or claims covered by the checks listed on pages _____ to _____ inclusive of the check register are accurate and funds are available for payment thereof.
By: __________________________________________
Director of
Administrative Services
This is to certify that the claims or demands covered by checks listed on pages _____ to _____ inclusive of the check register have been audited by the City Council of the City of Gardena and that all of the said checks are approved for payment except check numbers:
______________________________________________________
_________________________ __________
Mayor Date
_________________________ __________
Councilmember Date
_________________________ __________
Councilmember Date
Acknowledged:
_________________________ __________
Councilmember Date
_________________________ __________
Councilmember Date
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11/14/2023
Report No. P-2023-18
1 TO: THE HONORABLE MAYOR AND CITY COUNCIL
SUBJECT: PERSONNEL REPORT
1. Report the Separation of the following employees:
a. TRESSA WESTBROOK, Bus Operator, wit h the Transportation Depart ment, effective October 20, 2023. Ms. Westbrook provided 11.8 years of service to the City. b. WILLIAM IRBY, Administrative Aide , with the Transportation Department, effective October 25, 2023. Mr. Irby provided 5 months of service to the City. c. JESUS OROZCO, Senior Account Clerk, with the Administrative Services Department, effective October 26, 2023. Mr. Orozco provided 5 months of service to the City.
2. Report the leave under t he Family Medical Leave Act/California Family Rights Act (FMLA/CFRA) or Workers’ Compensation of the following employees:
a. Police Sergeant, OCTAVIO SALDANA, o f the Police Department, effective September 15, 2023.
b. Police Officer, NAT ALIE D I ANGELO, of the Police Department, effective October 5, 2023.
c. Bus Operator, CHANIKA SCOTT, of the Transportation Department, effective October 9, 2023.
d. Paratransit Dispatcher, ERMA HENRY, of the Transportation Department, effective October 12, 2023.
e. Police Officer, EDWARD WENKE, of the Police Department, effective October 11, 2023. f. Police Officer, KWYN BOGGS, of the Police Department, effective October 12, 2023.
3. Report the Recruitment for t he Open/Competitive position of Associate Planner (Community Development Department). This recruitment is open until filled.
4. Report the Recruitment for the Open/Competitive position of Certified Nursing Assistant (Recreation and Human Services Department). This recruitment is open until filled.
5. Report the Recruitment for the Open/Competitive position of Communications Liaison Offic er (Elected and City Manager’s Offices). This recruitment is open until filled.
6. Report the Recruitment for the Open/Competitive position of Geriatric Aide (Recreation and Human Services Department). This recruitment is open until filled.
7. Report the R ecruitment for t he Open/Competitive position of On-Demand (Micro/Paratransit) Operator (Transportation Department). This recruitment is open until filled.
Report No. P-2023-18
2 8. Report the Recruitment for t he Open/Competitive position of Police Officer/Lateral (Police Department). This is a continuous recruitment.
9. Report the Recruitment for t he Open/Competitive position of Police Trainee (Police Department). This is a continuous recruitment.
10. Report the Recruitment for the Open/Competitive position of Recreation Leader I/II (Recreation and Human Services Department). This is a continuous recruitment.
11. Report the Recruitment for t he Open/Competitive position of Relief Bus Operator Trainee (Transportation Department). This is a continuous recruitment.
12. Report the Recruitment for t he Open/Competitive position of Senior Account Clerk (Administrative Services Department). This recruitment is open until filled.
13. Report the Recruitment for the Open/Competitive position of Transit Mechanic (Transportation Department). This recruitment is open until filled.
14. Report the Recruitment for t he Open/Competitive position of Transit Training and Safety Supervisor (Transportation Department). This recruitment is open until filled.
15. Report the Recruitment for t he Open/Competitive position of Transportation Operations Supervisor (Transportation Department). This recruitment is open until filled.
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.F
Section: CONSENT CALENDAR
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
RESOLUTION NO. 6648,
Amending the List of Authorized Games and
Authorizing the Play of Certain Games in Licensed Card Clubs CONTACT: CITY MANAGER
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
Staff respectfully recommends that the City Council adopt Resolution No. 6648 which amends the current list of authorized games and authorizes the play of certain games in licensed card clubs. On October 24, 2023, Hustler Casino and Larry Flynt's Lucky Lady Casino received written approval from the State of California Department of Justice, Bureau of Gambling Control to begin offering the modified game, RUYI Baccarat, for play at their club. This approval by the State of California is subject to the adoption of a formal resolution by the Gardena City Council.
FINANCIAL IMPACT/COST:
None
ATTACHMENTS:
Hustler Casino - Department of Justice Temporary approval of game.pdf Hustler Casino - Modified Game Temporary Approval Request.pdf Lucky Lady Casino - Department of Justice Temporary approval of game.pdf Lucky Lady Casino - Modified Game Temporary Approval Request .pdf RESO NO. 6648.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
- 1 -
RESOLUTION NO. 6648
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, AMENDING THE LIST OF
AUTHORIZED GAMES AND AUTHORIZING THE PLAY OF
CERTAIN GAMES IN LICENSED CARD CLUBS
WHEREAS, Gardena Municipal Code Section 5.24.430 provides that licensed card clubs in the City of Gardena (“City”) may play any game permitted under state law which is also permitted by resolution of the City Council; and
WHEREAS, the City Council approved those certain games to be played in licensed card clubs as listed in Resolution No. 6623; and
WHEREAS, from time to time licensed card clubs in the City have filed rules of play and requested authorization pursuant to Gardena Municipal Code Section 5.24.430 to play other games not previously listed and approved by City Council Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
SECTION 1. That RUYI Baccarat, offered in connection with authorized Poker Section and Promotional Games and played in accordance with the rules approved by the Bureau of Gambling Control on October 24, 2023, shall be permitted to be played in licensed card clubs in the City. The list of all such approved and permitted games is as follows:
POKER SECTION
2 WAY WINNER
5 CARD STUD
6 CARD STUD
7 CARD HI LO SPLIT
7 CARD STUD
7 CARRD STUD HI-LO REGULAR
21st CENTURY BACCARAT
21st CENTURY BACCARAT 9.0
21st CENTURY LUCKY 7 BACCARAT
BADACEY
BADEUCEY
BADUGI
BIG O HIGH-LOW SPLIT
BLACKJACK JACKPOT
BLAZING SEVENS JACKPOT
PROGRESSIVE
BUSTER BLACK JACK BONUS BET
CALIFORNIA HIGH DRAW OPEN BLIND
CARIBBEAN STUD POKER
CRAZY PINEAPPLE
DOUBLE BOARD OMAHA
DRAGON BONUS BACCARAT–
COMMISSION FREE
DRAW
DRAWMAHA ACE-TO-FIVE
DRAWMAHA HI
EASY POKER
EASY POKER BONUS BET
EZ BACCARAT
EZ BACCARAT MODIFICATION
EZ BACCARAT PROGRESSIVE JACKPOT
HI LO DECLARE
HOLDEM
HOLDEM HI LO
HUSTLER CASINO POKER ROOM MEGA-
PROGRESSIVE JACKPOT
JACKPOT POKER
JACKS BACK HI LO
DocuSign Envelope ID: 51E8610E-D594-4A56-9727-86C2B516154E Resolution No. 6648
AMENDING THE LIST OF AUTHORIZED GAMES
AND AUTHORIZING THE PLAY OF CERTAIN GAMES IN LICENSED CARD CLUBS
- 2 -
KANSAS CITY LOWBALL DEUCE TO
SEVEN
LET IT RIDE BONUS
LOWBALL
LOWBALL DRAW WINNER LEAVE IT IN
MEGA POKER JACKPOTS [Modified]
MEXICAN POKER
OMAHA AND POT LIMIT
OMAHA HI
OMAHA HI LO
OMAHA HI LO SPLIT
OMAHA AND POT LIMIT
OPEN FACE CHINESE POKER
PAN
PINEAPPLE
POCKET ACES CRACKED
POKER PAYS TO PLAY
RAZZ
RAZZDACEY
RAZZDEUCEY
SEVEN CARD STUD
SEVEN CARD STUD HIGH-LOW SPLIT
SHORT DECK HOLD’EM
SUPER 7 CARD STUD
SUPER 7 CARD STUD HI/LO
SUPER 7 CARD STUD HI/LO REGULAR
SUPER 9 JACKPOT
SUPER RAZZ
SUPER RAZZDACEY
SUPER RAZZDEUCEY
SUPER STUD POKER PROGRESSIVE
JACKPOT
SUPER 7 CARD STUD HI/LO REGULAR
TABLE TOP JOKER POKER
TEXAS HOLD’EM
TEXAS STUD POKER
THREE CARD POKER
THREE CARD POKER 6 CARD BONUS
THREE CARD POKER PROGRESSIVE
JACKPOT
TRIPLE ACES II
TRIPS
ULTIMATE TEXAS HOLD’EM
ULTIMATE TEXAS HOLD’EM PROGRESSIVE
JACKPOT
ASIAN SECTION
13 CARD
21st CENTURY BLACKJACK 5.1 [Modified]
ASIAN STUD
BACCARAT
BLACKJACK JOKERS
BONANZA PAI GOW TILES
CALIFORNIA ACES
CALIFORNIA BLACKJACK
CASINO WAR
CENTURY21
CRAZY 4 POKER
EO11
FACE UP PAI GOW POKER [Modified]
FUNTAZEE 21
FORTUNE PAI GOW POKER
FORTUNE PAI GOW POKER
PROGRESSIVE JACKPOT
LUCKY MOON
MAHJONG
MISSISSIPPI STUD 3 CARD BONUS
MONSTER & BUSTER PAI GOW POKER
NO BUST BLACKJACK
NO BUST 21ST CENTURY BLACKJACK 4.0A
[Modified]
NO BUST 21ST CENTURY BLACKJACK 4.0B
[Modified]
NO BUST 21ST CENTURY BLACKJACK 6.2
PAI GOW GOLD DESIGNATED HAND
PROMOTION
PAI GOW GOLD PROGRESSIVE
JACKPOT
PAI GOW POKER
PAI GOW POKER JACKPOT
PAI GOW TILES
PAN NINE
PAN NINE GOLD
DocuSign Envelope ID: 51E8610E-D594-4A56-9727-86C2B516154E Resolution No. 6648
AMENDING THE LIST OF AUTHORIZED GAMES
AND AUTHORIZING THE PLAY OF CERTAIN GAMES IN LICENSED CARD CLUB S
- 3 -
RUYI BACCARAT [Modified]
SUPER PAN 9 MODIFICATION
TEXAS PAI GOW
TRIPLE PLAY
ZOOBAC
PROMOTIONAL GAMES
BONUS CHIP PROMOTION
CALIFORNIA GAMES PROMOTIONAL
CHIPS PROMOTION
EZ BACCARAT PROGRESSIVE JACKPOT
FOOD REWARD PROGRAM
GIFT CARD REWARD PROGRAM
HUSTLER SPECIAL EVENTS PLAYER
REWARDS PROMOTION V2
HIGH HAND GIVEAWAY PROMOTION
JACKPOT GAMES
LIVE ACTION TOURNAMENT
PROMOTION
PLAYER REWARDS PROGRAM [Modified]
POKER PROMOTIONAL CHIPS
SPECIAL EVENTS PLAYER REWARDS
SPORTS BRACKET
SECTION 2. That upon the approval and adoption of this resolution, Resolution No. 6623 shall be rescinded and shall no longer be in force and effect.
SECTION 3. That this resolution shall be effective immediately.
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of the City; and shall make a minute of the passage and adoption thereof on the records of the proceedings of the City Council for the meeting at which the same is passed and adopted.
Passed, approved, and adopted this 14th day of November, 2023.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: 51E8610E-D594-4A56-9727-86C2B516154E
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.G
Section: CONSENT CALENDAR
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
RESOLUTION NO. 6647
, Approving the Acceptance and Award from the
State of California Department of Alcoholic Beverage Control's ABC-OTS Grant in the Amount of $40,000.00
CONTACT: POLICE
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
The Gardena Police Department has received a grant award in the amount of $40,000.00 from the Department of Alcoholic Beverage Control (ABC) to reduce alcohol related violations at various locations within the City of Gardena. The grant, under the 2023/2024 partnership with the Office of Traffic Safety (OTS) will support the Department's goal to provide comprehensive enforcement and prevention efforts during this period. This funding will also include the resources for educating the community and businesses with ABC licenses. As a result, a significant and quantifiable reduction in calls for service related to ABC violations is expected by the completion of this grant.
Therefore, the Police Department respectfully requests that the City Council adopt Resolution No. 6647 authorizing the Chief of Police to accept the $40,000.00 grant award from the State of California Department of Alcoholic Beverage Control for education and enforcement of alcohol regulations in the City of Gardena.
FINANCIAL IMPACT/COST:
There is no General Fund fiscal impact.
ATTACHMENTS:
ABC grant application Oct 2023.pdf
Gardena PD AWARD letter $40k.pdf
ABC_Reso_&_Contract.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
STATE OF CALIFORNIA — BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY Gavin Newsom, Governor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2500
September 25, 2023
Chief Michael Saffell
Gardena Police Department
1718 West 162nd Street
Gardena, CA 90247
Re: ABC-OTS Grant Program
Dear Chief Saffell:
Congratulations. Your agency has been selected to participate in the Department of Alcoholic Beverage Control’s ABC-OTS Grant Program. Funding for this project is provided by the Office of Traffic Safety through the National Highway Traffic Safety Administration.
We anticipate operations to begin upon completion of the one-day mandatory training class for your operations officer. Fiscal Officers will be contacted by our Fiscal Coordinator; Kristine Okino for training how to submit claims for reimbursement.
Since the grant starts October 1, 2023, you can make pre-paid travel arrangements on or after that date for your operations officer to attend the training. Pre-paid travel purchased prior to October 1st will not be reimbursed. The information regarding the date, location and authorized per diem rates are enclosed.
To expedite the issuance of your contract, please review and complete the enclosed ABC-OTS Grant Program Information Sheet. In addition, we will also need a resolution from your agency’s governing body. Since these resolutions must be put on calendar, we ask that you do so as soon as possible.
Please mail, fax, or email this information to our Grant Coordinator; Diana Fouts-Guter, at 3927 Lennane Drive, Suite 100, Sacramento, CA 95834, Fax: (916) 928-7625, or at Diana.fouts- [email protected].
If you have questions, please contact Supervising Agent Jeff Gregson via email at [email protected].
We appreciate your prompt response and look forward to working with your agency.
Sincerely,
Joseph McCullough
Chief Deputy Director
Enclosures
Cc: Sgt. O. Saldana
1 RESOLUTION NO. 6647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, APPROVING THE ACCEPTANCE AND
AWARD FROM THE STATE OF CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERGAGE CONTROL ’S ABC -OTS GRANT IN THE
AMOUNT OF $40,000.00
WHEREAS, the City of Gardena desires to undertake a certain project designated as the 2023/2024 Alcohol Policing Partnership to be funded in part from the funds made available through the Office of Traffic Safety (OTS) administered by the Department of Alcoholic Beverage Control (hereinafter referred to as ABC);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA , CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE , AS FOLLOWS:
that the Chief of Police of the City of Gardena Police Department is authorized to execute on behalf of the City of Gardena the attached contract, including any extensions or amendments thereof, and any subsequent contract with the State in relation thereto.
That this Resolution shall be effective October 1, 2023
IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability.
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. All grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB RESOLUTION NO. 6647
2 Passed, approved, and adopted this 14th day of November, 2023.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
EXHIBIT A
SCOPE OF WORK
Purpose and Description of Services
Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:
o Minor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.
o Shoulder Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant.
o Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
o Holiday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.
Holidays would be defined as Halloween (Oct 27-31), Thanksgiving (Nov 22-26), New Year’s Eve (Dec 31), St. Patrick’s Day (March 17), Cinco de Mayo (May 5), Memorial Day weekend (May 24-27) and 4
th of July (July 4). In order to help reduce youth involved fatal and/or injury crashes, the dates for Holiday Enforcement operations coincide with NHTSA/OTS AVOID Campaign dates, which have been determined as holidays with an influx number of DUI crashes.
The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement.
In addition, contractor agrees to the following goals:
o Raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.
o Establish and implement a coordinated effort between contractor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC.
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
o Issue press releases as follows:
1. To announce the start of the program;
2. At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy)
3. At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).
4. At the conclusion of each IMPACT operation held
o Email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.
o In all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.”
o Complete and submit bi-monthly reports, in a format designed by the Department of Alcoholic Beverage Control due no later than 15 days after operations conducted:
On or before January 15, 2024 (with results of operations October, November & December 2023)
On or before March 15, 2024 (with results of operations January & February 2024) On or before May 16, 2024 (with results of operations March & April 2024) On or before July 15, 2024 (with results of operations May & June 2024) On or before September 16, 2024 (with results of operations July & August 2024)
o Submit an Executive Summary as part of the final report due on or before September 16, 2024. The summary shall contain the following:
1. An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project
2. Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution
3. Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project.
4. Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results.
5. Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.”
6. Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
Contract Term
The operation period of the grant is October 1, 2023 through August 31, 2024.
Project Representatives
The project representatives during the term of this agreement will be:
Gardena Police Department
Danny Guzzo
1718 W. 162nd Street
Gardena, CA 90247
(310) 217-6122
[email protected]
Department of Alcoholic Beverage Control
Diana Fouts-Guter, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 928-9807
[email protected]
Direct all fiscal inquiries to:
Gardena Police Department
Ray Beaman
1718 W. 162nd Street
Gardena, CA 90247
(310) 217-9502
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Fiscal Grant Analyst
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
Invoicing and Payment
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay bi-monthly for approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost).
• Invoices shall clearly reference this contract number (24-OTS107) and must not exceed the contract total authorized amount of $40,000.00. Invoices are to be submitted on a bi-monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control.
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, California 95834
• This grant is only for overtime compensation and travel for training on October 17, 2023 only.
• In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 17, 2023. https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx
• Payment shall be made in arrears within 45 days from the receipt of an undisputed invoice.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2023 and on or before the project termination date, August 31, 2024.
• Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor.
Budget Contingency Clause
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount.
Prompt Payment Clause
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties.
3. ASSIGNMENT: This agreement is not assignable by the contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by contractor in the performance of this agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this agreement and be relieved of any payments should the contractor fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209.
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this agreement.
13. COMPENSATION: The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this contract includes services in excess of $200,000, the contractor shall give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
a. If for this contract contractor made a commitment to achieve small business participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
b. If for this contract contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB
Agreement Number: 24-OTS107
City of Gardena through Gardena Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language
If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.
DocuSign Envelope ID: CB3F8CDC-4063-4047-95FF-722D7B7F00CB City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.H
Section: CONSENT CALENDAR
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Acceptance and Notice of Completion for the Pedestrian Safety Improvement FY 2022-2023 Project (Phase 2), JN 513
CONTACT: PUBLIC WORKS
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
Staff respectfully recommends that City Council accept the work performed by Martinez Concrete, Inc. and order the recordation of the Notice of Completion for the Pedestrian Safety Improvement FY 2022-2023 Project (Phase 2), JN 513.
This project replaced approximately 4,500 square feet of raised and damaged sidewalk, 240 linear feet of curb and gutter, and replaced 10 trees within the City’s Maintenance District, Zone 1.
Sufficient funds to complete this project were appropriated by the City Council during the fiscal year 2022-2023 Capital Improvement Budget using Measure R and SB 821 funds.
FINANCIAL IMPACT/COST:
Amount of Expense: $167,310.00
Funding Source: Measure R and SB 821
ATTACHMENTS:
NOC_Ped Safety_JN 513.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
RECORDING REQUEST BY AND MAIL TO:
Mina Semenza, City Clerk
City of Gardena
1700 W. 162nd Street
Gardena, CA 90247
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN, that:
1. The undersigned is the duly authorized representative of the City of Gardena, a Municipal Corporation of the State of California located within the County of Los Angeles in said State at 1700 West 162 Street, Gardena, California 90247.
2. That on the 13th day of June 2023, the City Council of said City entered into contract with Martinez Concrete, Inc. whose address is 920 W. Foothill Blvd., Azusa, CA 91702 for the improvement titled Pedestrian Safety Improvement 2022/2023, JN 513 in accordance with City of Gardena Plans and Specifications.
3. That all of the work and improvement was located at Maintenance District, Zone 1 in said City. The owner of the location is the City of Gardena.
4. That all of the work and improvement contemplated in and under said contract was substantially completed on October 13th, 2023.
5. That the City Council formally accepted this work and improvement on November 14, 2023.
The undersigned, being first duly sworn, states: That he is the duly authorized representative of the City of Gardena, the political subdivision of the State of California which conducted the proceedings for the improvement titled Pedestrian Safety Improvement 2022/2023, JN 513 in said City, that he has read the foregoing "Notice of Completion" and knows the facts recited therein are true.
IN WITNESS THEREOF, I have hereunto subscribed my name as the duly authorized representative of said City this day of 2023.
City of Gardena
Jose Espinoza
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.I
Section: CONSENT CALENDAR
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Acceptance and Notice of Completion for the Vermont Avenue Street Improvements from Artesia Boulevard to Gardena Boulevard project, JN 959 C
ONTACT: PUBIC WORKS
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
Staff respectfully recommends that the City Council accept the work performed by ONYX Paving Company, Inc. and order the recordation of Notice of Completion for the Vermont Avenue Street Improvements from Artesia Boulevard to Gardena Boulevard Project, JN 959.
This project overlaid approximately 80,000 square feet of asphalt pavement. Provided and installed traffic signal battery back systems and touchless Audible Pedestrian Signals (SPS) at the intersections of Vermont Avenue and 168th Street and Vermont Avenue and Gardena Boulevard Intersections. The project removed and replaced one curb ramp, 80 feet of curb and gutter, 775 square feet of sidewalk, 620 square feet of driveway approach's and restriped the roadway pavement and crosswalks. Sufficient funds to complete this project were adopted in the fiscal year 2022-2023 budget by the City Council.
FINANCIAL IMPACT/COST:
Amount of Expenses:
$923,800 (Construction & Construction Administration)
Source of Funds:
Prop C and Measure M
ATTACHMENTS:
NOC JN959.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.J
Section: CONSENT CALENDAR
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve Seven Month Tire Lease Contract Extension with Michelin North America, Inc. at a cost of $62,000
CONTACT: TRANSPORTATION
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
GTrans has historically used an outside contractor to lease tires for its entire fleet of 40-foot transit buses, as this has proven to be more cost effective than buying and maintaining the tires in-house. As part of this service, the outside contractor would need to inspect and maintain tires, notify GTrans staff of unusual wear and tear patterns, and replace tires as needed. The frequency of service varies based on the mileages these buses run, road quality, natural elements, heaviness of the bus, etc. In addition, each type of bus may require specific type of tires, as they are built from different manufacturers, have different built designs, and have different weight requirements.
In 2018, GTrans released Invitation for Bid (IFB) 2018-11 and awarded a 5-year contract to Michelin North America, Inc. ("Michelin") for bus tire lease service. This contract's final year concluded on June 30, 2023, and GTrans released new IFB 2023-01 to award another 5-year contract to the lowest bidder. In the bid, GTrans was not able to identify the specific weight of the new battery-electric bus (BEB) from Gillig because the buses are still in design phase, and the total weight of the bus has not yet been set. These Gillig buses are anticipated to weigh more than average BEB because of the 7th battery pack that will be added to the bus design, but the specific weight would only be determined after the first bus has been built with all of its accessories and interior features (e.g., passenger seats, wheelchair securement). At this time, GTrans anticipates the first Gilig BEB to be built during the first quarter of year 2024 and can then release the bus weight for this Gillig BEB. The weight of the bus is a critical information, as heavier the bus gets, the stronger the tire would need to be to support the bus as it runs.
Without this weight information in the bid, potential bidders may not be able to submit a low bid price that would correctly reflect the type of tires that are required during the duration of the contract. Due to the unknown factor of the new Gillig BEB, GTrans decided to cancel IFB 2023-01 and plans to re-release the bid once the Gillig BEB are manufactured and more information is confirmed.
While this information becomes available and is included in the new bid, GTrans still requires bus tire lease service to run its daily operation and would like to recommend that the City Council approve a seven month extension to a current contract to Michelin that would be through June 30, 2024. Michelin was the lowest bidder in the last bid, and they have been providing high-quality service on GTrans' buses. In addition, they are already familiar with the work and buses on-site, so the continuation of work will be seamless. The seven-month extension will provide GTrans sufficient time to wait for the new Gillig BEB to be manufactured, include all the necessary information into the new bid, conduct and award the bid, and coordinate transfer of work between two contractors, should the bid be awarded to another contractor other than the incumbent. Michelin has agreed to maintain its mileage rate from 2018 contract, which would be $0.00687/mile, and both parties have agreed to increase the monthly service rate to be $4,000 per month based on the rise of labor rates between 2018 to 2023.
Staff respectfully requests that City Council approve the seven month contract extension to Michelin North America, Inc. for bus tire leasing and related services at an amount not to exceed $62,000.
FINANCIAL IMPACT/COST:
GTrans has local capital funds available and designated for the purchase of these vehicles, and included in FY24 capital budget previously approved by the City Council. There is no impact to the General Fund.
ATTACHMENTS:
Third Amendment to Agreement with Michelin.pdf
City of Gardena Agreement with Michelin and Amendments.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
CITY OF GARDENA
THIRD AMENDMENT TO CONSULTANT AGREEMENT
This Third Amendment to Consultant Agreement is entered into this 22nd day of November, 2023 by and between the City of Gardena, a municipal corporation (“City”) and Michelin North America, Inc. (“Consultant”).
WHEREAS. City and Consultant entered into a Consultant Agreement dated July 3, 2018 (“Agreement”), pursuant to which Consultant has provided bus tire lease services;
WHEREAS. City and Consultant entered into a First Amendment dated July 11, 2023, extending the duration of the Agreement from July 1, 2023 to September 30, 2023 for an amount not to exceed $25,000.
WHEREAS. City and Consultant entered into a Second Amendment dated October 2, 2023, extending the duration of the Agreement from October 1, 2023 to November 30, 2023 for an amount not to exceed $4,500.
NOW, THEREFORE, the parties agree as follows:
1. The contract duration will be extended from December 1, 2023 to June 31, 2024;
2. Consultant shall be compensated per bid rate set forth in the Agreement in an amount not to exceed $62,000. The mileage rate shall remain the same as $0.00687/mile, and the monthly flat- rate service fee shall be $4,000/month;
3. Terms and conditions set forth in the Agreement shall remain the same;
4. The rights and obligations of the parties with regard to the provision of this extended contract term shall be governed by the Agreement.
(The Remainder of This Page is Intentionally Left Blank) (Signature Page Follows)
DocuSign Envelope ID: 72AB5541-25C3-491F-8DB8-074361158A5D
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.
CITY OF GARDENA
BY ___________________
Tasha Cerda
Mayor
DATE ________________
ACCEPTED
MICHELIN NORTH AMERICA, INC.
BY ___________________
Ed Quigley
Director of Operations, Services & Solutions AMN
DATE ________________
APPROVED AS TO FORM
BY ___________________
Carmen Vasquez
City Attorney
DATE ________________
DocuSign Envelope ID: 72AB5541-25C3-491F-8DB8-074361158A5D 11/3/2023
11/3/2023
CITY OF GARDENA
SECOND AMENDMENT TO CONSULTANT AGREEMENT
This Second Amendment to Consultant Agreement is entered into this 11th day of September, 2023 by and between the City of Gardena, a municipal corporation (“City”) and Michelin North America, Inc. (“Consultant”).
WHEREAS. City and Consultant entered into a Consultant Agreement dated July 3, 2018 (“Agreement”), pursuant to which Consultant has provided bus tire lease services;
WHEREAS. City and Consultant entered into a First Amendment dated July 11, 2023, extending the duration of the Agreement from July 1, 2023 to September 30, 2023 for an amount not to exceed $25,000.
NOW, THEREFORE, the parties agree as follows:
1. The contract duration will be extended from October 1, 2023 to November 30, 2023;
2. Consultant shall be compensated per bid rate set forth in the Agreement in an amount not to exceed $4,500;
3. Terms and conditions set forth in the Agreement shall remain the same;
4. The rights and obligations of the parties with regard to the provision of this extended contract term shall be governed by the Agreement.
(The Remainder of This Page is Intentionally Left Blank) (Signature Page Follows)
DocuSign Envelope ID: D4F561BA-6D77-412E-AADA-BEAD9C1A7390
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.
CITY OF GARDENA
BY ___________________
Clint Osorio, City Manager
DATE ________________
ACCEPTED
MICHELIN NORTH AMERICA, INC.
BY ___________________
Ed Quigley, Director of Operations, Services & Solutions AMN
DATE ________________
APPROVED AS TO FORM
BY ___________________
Carmen Vasquez
City Attorney
DATE ________________
DocuSign Envelope ID: D4F561BA-6D77-412E-AADA-BEAD9C1A7390 10/2/2023
10/2/2023
10/2/2023
PLANNING AND ENVIRONMENTAL
QUALITY COMMISSION
Regular PEQC Meeting Notice and Agenda
Website: www.cityofgardena.org
Tuesday, November 7, 2023 – 7:00 PM
1700 W. 162nd Street, Gardena, California
REPORT OF ACTIONS
6. OTHER MATTERS
6. A SECOND REQUEST FOR EXTENSION Fo
The Planning Commission considered a second request for an extension of time for Tentative Parcel Map No. 82410, to subdivide a 17,221 square foot property at 15906-15908 S. Manhattan Place creating two separate parcels in the Low-Density Multiple-Family Residential (R-2) zone
LOCATION: 15906-15908 S. Manhattan Place
APPLICANT: Nancy Hurt Canady
Staff Report (15906-15908 Manhattan).pdf
Attachment A - Statement of Reasons for Extension of Time.pdf Attachment B - Tentative Parcel Map No. 82410.pdf
Commission Action: The Planning Commission approved a second request for an extension of time for Tentative Parcel Map No. 82410 (TM #1-18), by a vote of 4-0, granting an additional 12-month extension.
7. PUBLIC HEARING ITEMS
7. A FIRST MODIFICATION TO CONDITIONAL USE PERMIT #13-17 The Planning Commission reviewed a request for a modification to Conditional Use Permit #13-17, to add an additional prefabricated storage container to the property and other site changes for a landscaping contractor’s yard and determination that the project qualifies for both a Class 3 (new construction/conversion of small structures) and Class 11 (accessory structures) categorical exemption, pursuant to the California Environmental Quality Act
LOCATION: 1650 W 130th Street (APN: 6102-006-005)
APPLICANT: Antonio Valenzuela (Mariposa Landscapes Inc) Staff Report - Landscape Contractor (Mod to CUP #13-17).pdf Attachment A - Resolution No. PC 15-23.pdf
Exhibit A - Modified Conditions of Approval (Mod to CUP #13-17).pdf Exhibit B - Project Plans.pdf
Attachment B - Original Staff Report.pdf
Commission Action: The Planning Commission approved Resolution No. 15-23, by a vote of 4-0, approving Modification to Conditional Use Permit #13-17 subject to the Conditions of Approval, and directed staff to file a Notice of Exemption.
7.B ZONE TEXT AMENDMENT #6-23
The Planning Commission considered a recommendation to the City Council on adoption of Ordinance No. 1860 to repeal and readopt Chapter 18.43 of the Gardena Municipal Code relating to Density Bonus Laws, and finding the Ordinance to be exempt pursuant to the common sense exemption of CEQA Guidelines Section 15061(b)(3)
Staff Report - Density Bonus Ordinance.pdf
Attachment A - Resolution PC No. 19-23 (Density Bonus).pdf Exhibit A - Draft Ordinance No. 1860.pdf
Attachment B - Public Hearing Notice.pdf
Commission Action: The Planning Commission approved Resolution No. PC 19- 23, by a vote of 4-0, recommending that the City Council adopt Ordinance No. 1860 to repeal and readopt Chapter 18.43 of the Gardena Municipal Code relating to Density Bonus Laws.
Community Development Department
1700 West 162nd Street Gardena, California 90247-3732
OFFICE MEMORANDUM
TO: Honorable Mayor Cerda and City Council Members
FROM: Greg S. Tsujiuchi, Director of Community Development DATE: November 8, 2023
SUBJECT: Continuation of Public Hearing Adoption of Fees Relating to Home Sharing This item regarding the consideration of adoption of fees relating to home sharing permits is continued to a future meeting date.
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 14.A
Section: DEPARTMENTAL
ITEMS - ELECTED & CITY
MANAGER'S OFFICES
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Discuss and Consider Changing Council Meeting Start Time COUNCIL ACTION REQUIRED:
Staff Recommendation: Discuss and provide staff with direction.
RECOMMENDATION AND STAFF SUMMARY:
During the October 24, 2023, City Council meeting, a directive was given to staff by Councilwoman Love and seconded by Councilmember Francis for the council to discuss and consider changing the Council Meeting start time. Currently, closed session meetings commence at 7:00 p.m. and regular council meetings at 7:30 pm.
Government Code 54954 requires cities to provide, "by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business" of the city council, the "time and place for holding regular meetings". Gardena Municipal Code Section 2.04.020(a) provides that "Regular meetings of the council shall be held in the council chambers on the second and fourth Tuesdays of each month at such time as established by resolution of the city council".
Thus, should the Council desire to change the start time of the council meetings, please provide staff with direction to prepare a resolution, which will be placed for council consideration at a subsequent meeting.
FINANCIAL IMPACT/COST:
N/A
ATTACHMENTS:
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 14.B
Section: DEPARTMENTAL
ITEMS - ELECTED & CITY
MANAGER'S OFFICES
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Discussion of Amending Section 2.04.170 of the Gardena Municipal Code Pertaining to City Council Compensation in Light of Senate Bill 329 COUNCIL ACTION REQUIRED:
Staff Recommendation: Discuss and provide staff with direction.
RECOMMENDATION AND STAFF SUMMARY:
State law regulates maximum compensation for councilmembers and when those adjustments can become effective. The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation.
On June 29, 2023, Governor Gavin Newsom signed into law Senate Bill 329 (“SB 329”). The bill allows cities a one-time chance to “reset” city council salaries to take into account inflation, the work done by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demands of that office.
State Senator Dodd (who is the author of SB 329) wrote in introduction this bill:
City Councilmembers have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties. And all too often, they do this job with very little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it much harder for them to balance their careers and personal obligations with the calling to serve their community. The Legislature has not raised the base pay amounts for City Councilmembers since 1984. It's time those amounts caught up to the present economic reality, especially with the rapid increase in inflation we've seen recently. Raising the pay will also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent and I believe raising their compensation is an important step to achieving that equitable outcome.
The City of Gardena City Council last voted for a Council salary adjustment in 2002. Gardena Municipal Code 2.04.170 sets salaries for City Council Members, including the Mayor at $650 per month. In accordance with Government Code 36516.1, GMC 2.04.170 also provides the Mayor additional compensation in the amount of $300 per month. Gardena City Council salaries have not changed since 2002 (21 years).
SB 329 increased the maximum amount of salary, based upon the population of the city that may be approved by an ordinance passed by the City Council. The new salary amount for City Council Members in Gardena and all other cities of 50,000 to 75,000 population could be $1,600 per month.
The increased limits may be applied any time after January 1, 2024. However, Government Code 36516.5 provides that changes in council compensation do not apply during the term of a councilmember’s term of office. Any council salary increase may only take effect when at least one council member begins a new term. Accordingly, should the Council adopt an ordinance to increase the salary, such new salary will not take effect until after the March 2024 election.
For purposes of calculating salary under Government Code 36516, no salary ordinance may be enacted or amended to provide automatic future salary increases. Government Code 36516 also provides that unless specifically authorized by state law, a city council may not enact an ordinance to pay itself more money for serving on other boards and commissions.
Moreover, under section 36516, retirement, health and welfare, federal social security, and reimbursement for actual and necessary expenses are not included in the calculation of salary.
SB 329 does not affect Government Code 36516.1, which allows the Council to approve additional compensation for an elected Mayor. There is no set maximum amount for the Mayor’s compensation, per Government Code 36516.1. The City Council has the authority to adjust the Mayor’s compensation at their discretion at any time.
In light of changes in State law (i.e., SB 329), this matter is being brought to the City Council for discussion and direction. Should the Council desire to amend Section 2.04.170 of the Gardena Municipal Code pertaining to City Council compensation in light of Senate Bill 329, please provide staff with direction to prepare an Ordinance for introduction, which will be placed for council consideration at a subsequent meeting.
FINANCIAL IMPACT/COST:
N/A
ATTACHMENTS:
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 14.C
Section: DEPARTMENTAL
ITEMS - ELECTED & CITY
MANAGER'S OFFICES
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
ORDINANCE NO. 1859
, Amending Section 2.66.090 (Compensation) of
Chapter 2.66 (Gardena Economic Business Advisory Commission) and Section 2.68.110 (Compensation) of Chapter 2.68 (Gardena Beautification Commission) of Title 2 (Administration and Personnel) of the Gardena Municipal Code; and RESOLUTION NO. 6646
, Amending Resolution No. 4868 by Adding Subsections (E) and (F) to Section 1 of Said Resolution Relating to the Compensation of Members of the Gardena Economic Business Advisory Commission and Gardena Beautification Commission COUNCIL ACTION REQUIRED:
Staff recommendation: Introduce Ordinance No. 1859 and Adopt Resolution No. 6646 RECOMMENDATION AND STAFF SUMMARY:
During the October 10, 2023, City Council meeting, a directive was given to staff by Councilwoman Francis and seconded by Councilmember Love for staff to prepare an Ordinance to allow for the Gardena Economic Business Advisory Commission (GEBAC) and Gardena Beautification Commission to receive compensation similar to other City Commissions.
Currently, members of the Human Services, Recreation and Parks, and Senior Citizens Commissions as well as Rent Mediation Board are compensated $50.00 per month, if in attendance at their regularly scheduled monthly meeting. Members of the Youth Commission are compensated $25.00 per month if in attendance at their regularly scheduled monthly meeting and members of the Planning Commission are compensated $50.00 per regularly scheduled meeting attended. Members of all the previously mentioned Commissions/Boards may also be reimbursed for any reasonable and necessary expenses incurred by them in their performance of Commission duties, provided such expenses have been authorized in the City Council's adopted budget.
As it pertains to GEBAC, proposed Ordinance No. 1859 amends the Gardena Municipal Code to allow for members of GEBAC to be compensated in an amount established by resolution of the council. Resolution No. 6646 would establish that members of GEBAC are compensated $50.00 per month, if in attendance at their regularly scheduled monthly meeting. GEBAC members may also be reimbursed for any reasonable and necessary expenses incurred by them in their performance of Commission duties, provided such expenses have been authorized in the City Council's adopted budget.
With regards to Gardena Beautification Commission, proposed Ordinance No. 1859 amends the Gardena Municipal Code to allow for members of Gardena Beautification Commission, with the exception of any member of the Gardena City Council, to be compensated in an amount established by resolution of the council. Pursuant to Government Code Section 36516 unless specifically authorized by state law, a city council may not enact an ordinance to pay itself a salary for serving on other boards and commissions. Because there is no state law that allows for the Gardena City Council to pay itself to serve on the Gardena Beautification Commission, no compensation may be received by any councilmember that is a member of the Gardena Beautification Commission. Resolution No. 6646 would establish that members of the Gardena Beautification Commission are compensated $50.00 per month, if in attendance at their regularly scheduled monthly meeting, with the exception of any member of the Gardena City Council. Gardena Beautification Commission members may also be reimbursed for any reasonable and necessary expenses incurred by them in their performance of Commission duties, provided such expenses have been authorized in the City Council's adopted budget.
Finally, Resolution No. 6646 would not take effect until Ordinance No. 1859 takes effect.
FINANCIAL IMPACT/COST:
Gardena Economic Business Advisory Commission: $3,300 per year from General Fund.
Gardena Beautification Commission: $4,800 per year from General Fund.
ATTACHMENTS:
ORDINANCE No. 1859.rtf.pdf
RESOLUTION_No._6646.rtf.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
1 ORDINANCE NO. 1859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GARDENA, CALIFORNIA, AMENDING SECTION
2.66.090 (COMPENSATI ON) OF CHAPTER 2.66
(GARDENA ECONOMIC BUS INESS ADVISORY
COMMISSION) AND SECTION 2.6 8.110
(COMPENSATION) OF CH APTER 2.6 8 (GARDENA
BEAUTIFICATION COMMISSION) OF TITLE 2
(ADMINISTRATION AND PERSONNEL ) OF THE
GARDENA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY ORDAIN, AS FOLLOWS:
SECTION 1. Section 2.66.90 of the Gardena Municipal Code is amended to read, as follows:
2.66.090 Compensation.
The members of the Gardena Economic Business Advisory Commission shall be compensated in an amount established by resolution of the council. Members of the GEBAC shall receive no compensation. However, the members shall be reimbursed for any expense incurred in the performance of their duties.
SECTION 2. Section 2.68.110 of the Gardena Municipal Code is amended to read, as follows:
2.68.110 Compensation.
The members of th e Gardena Beautification Commission shall b e compensated in an amount established by resolution of the council ; however, no member of the Gardena City Council shall be compensated for serving on the Gardena Beautification Commission. Members of the Gardena beautification commission shall receive no compensation. However, the members shall be reimbursed for any expense incurred in the performance of their duties.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinanc e, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subs ection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
DocuSign Envelope ID: B8EBFA9E-93AC-482C-AB81-25A8AD455541 ORDINANCE NO. 1859
2 SECTION 4. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
SECTION 5. Effective Date. This ordinance shall not become effective or be in force until thirty (30) days from and after the date of its adoption.
Passed, approved, and adopted this day of , 2023.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: B8EBFA9E-93AC-482C-AB81-25A8AD455541
1 RESOLUTION NO. 6646
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GARDENA, CALIFORN IA, AMENDING RESOLUTION
NO. 4868 BY ADDING S UBSECTIONS (E) AND (F) TO
SECTION 1 OF SAID RE SOLUTION RELATING TO THE
COMPENSATION OF MEMB ERS OF THE GARDENA
ECONOMIC BUSINESS AD VISORY COMMISSION AND
GARDENA BEAUTIFICATION COMMISSION.
THE CITY COUNCIL OF THE CITY OF GARDENA , CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE, AS FOLLOWS:
SECTION 1. Subsection ( E) is hereby added to Section 1 of Resolution No. 4868:
(E) Members of the Gardena Economic Business Advisory Commission shall be compensated in the amount of Fifty Dollars ($50.00) per month, if in attendance at the regularly scheduled monthly meeting. Members may also be reimbursed for any reasonable and necessary expenses incurred by them in their performance of Commission duties, provided such expenses have been authorized in the City Council's adopted budget.
SECTION 2. Subsection (F) is hereby added to Section 1 of Resolution No. 4868:
(F) Members of the Gard ena Beautification Commission shall be compensated in the amount of Fifty Dollars ($50.00) per month, if in attendance at the regularly scheduled monthly meeting; however, no member of the Gardena City Council shall be compensated for serving on the Gardena Beautification Commission. Members may also be reimbursed for any reasonable and necessary expenses incurred by them in their performance of Commission duties, provided such expenses have been authorized in the City Council's adopted budget.
SECTION 3. This Resolution s hall take effect concurrently with Ordinance No. 1859.
�������������������������������������������������������������������������������������������������������������������� RESOLUTION NO. 6646
2 BE IT FURTHER RESOLVED that the City Clerk shall certify to the pa ssage and adoption of this Resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the min utes of the meeting at which the same is passed and adopted.
Passed, approved, and adopted this 14th day of November, 2023.
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. 16.A
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve a Construction Contract Change Order to Ruiz Concrete and Paving, Inc., in the amount of $11,062.50 for the Traffic Detour and Temporary Pavement for UPRR Improvements Phase of the Artesia Boulevard Arterial Improvement Project from Western Avenue to Vermont Avenue, JN 935
COUNCIL ACTION REQUIRED:
Staff Recommendation: Approved Contract Change Order to Ruiz Concrete and Paving, Inc.
RECOMMENDATION AND STAFF SUMMARY:
In April 2022, the City Council of Gardena approved an agreement with Union Pacific (UP) to improve the railroad crossing along Artesia Boulevard, which is located just west of Normandie Avenue. As part of the implementation of the rail project, in January 2023 the City Council approved a contract with Ruiz Concrete and Paving, Inc. (RCPI) to implement a traffic detour plan during the rehabilitation work and to pave the adjacent roadway to allow for a transition to the modified railroad tracks.
The start of construction was delayed due to UP's lack of manpower and late delivery of materials. The project eventually began on September 29, 2023, however UP still had insufficient resources on-site to remove and disposed of excavated pavement and railroad materials. UP also raised the new railroad tracks 2 to 5 inches higher that the old tracks.
Because of these issues, the City-hired contractor, RCPI, was directed by City staff to expeditiously haul and dispose excavated materials. RCPI also had to pave higher and further to make the transition between the road and tracks smoother, resulting in additional asphalt materials and equipment. The work was completed, and Artesia Boulevard was opened before the end of the projected 55-hour window.
To compensate the contractor for these changes, staff recommends that the City Council approve the Contract Change Order to Ruiz Concrete and Paving, Inc., pertaining to the extra work performed in the amount of $11,062.50 for the Artesia Boulevard Arterial Improvement Project, Traffic Detour and Temporary Pavement Phase, JN 935.
Associated with the work performed by RCPI is the worked performed by UP and its contractors. The City's agreement with UP requires the City to pay for half of these costs, which is $119,681. However, the final invoice to the City for this work is only $45,047.53 which is a reduction of $74,633.47 from the agreement. A portion of these savings is due to the work that Ruiz performed in lieu of UP performing the work. Even with the change order to Ruiz of $11,062.50, the combined construction cost for the project is $63,570.97 under budget.
FINANCIAL IMPACT/COST:
Source of Funds
Project Budget: $2,523,000 (Measure R Highway) and $1,650,000 (Prop C).
Original Construction Contract Amount $180,100.00
Requested Contract Change Order Amount $11,062.50
No impact on General Funds as the extra payment will be paid through Measure R Hwy funds that have been appropriated to the project by MTA.
ATTACHMENTS:
JN 935 Contract Change Order 01.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 18.A
Section: DEPARTMENTAL
ITEMS - TRANSPORTATION
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Amend Purchase of Zero-Emission Buses to Include Purchase of Zero- Emission Bus Chargers a Revised Total of $9,134,691, and an Overall Program Total of $10,048,161.
COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve Amendment to Purchase
RECOMMENDATION AND STAFF SUMMARY:
In March of 2022, City Council approved the purchase of seven zero-emission, battery electric buses from Gillig, using the Washington State Transit Bus Cooperative. Council approve the purchase of seven (7), 40-foot Zero-Emission Battery Electric Buses for $7,740,208 and authorized a program total of $8,514,229, which included a 10 percent contingency. The buses are scheduled to arrive in early 2024.
Since that time, GTrans has been evaluating manufacturers of plug-in, depot charging equipment. These chargers will be installed in the GTrans yard, and will become part of the overall electric charging, solar and battery storage project that is currently in the design phase.
After thorough research and discussions with other transit agencies already using electric bus chargers, GTrans has selected the ABB 150kW (HVC-150) plug-in chargers, which are also available through the Washington State Transit Bus Cooperative from Gillig. The FTA encourages grant recipients to procure goods and services jointly with other recipients or participate in purchasing cooperatives to obtain better pricing through volume purchases. This is not a re-approval of the seven battery-electric buses, but rather an approval to add seven chargers to the existing battery-electric bus contract, which will change the overall program total.
Inclusive of all accessories, warranty, software subscription, spare parts, training, freight, and sales tax, each charger would cost $199,212 under this cooperative purchasing agreement.
The sixty-month warranty will begin no later than six months from the delivery of chargers. All seven chargers in total would be $1,394,483, and this would need to be added to that of the seven Gillig battery-electric buses previously authorized by City Council in 2022. The new and revised total for the overall purchase of electric buses and
charging equipment is $9,134,691.
Included in the original Council authorization was a 10 percent contingency to account for any unforeseen changes, only to be approved in advance by GTrans staff. With an updated total, the revised 10 percent contingency authorization is $913,470, for a new program total of $10,048,161.
Description
Extended Price
7 Gillig battery-electric buses
(Approved in 2022)
$ 7,740,208
New addition of 7 bus chargers
$ 1,394,483
10% contingency
$ 913,470
Grand Total
$ 10,048,161
Therefore staff recommends that Council authorize GTrans to amend its current order with Gillig to include the purchase of seven ABB chargers, associated dispensers and related equipment, warranty, and spare parts for a new total of $9,134,691, and a program total of $10,048,161, which includes a 10 percent contingency.
Staff also recommends authorizing the
City Manager, or his designee to sign any subsequent documents required by the purchase.
FINANCIAL IMPACT/COST:
GTrans has federal, state and local capital funds available and designated for the purchase of the vehicles and chargers, and included in FY24 capital budget previously approved by the City Council. There is no impact to the General Fund.
ATTACHMENTS:
WA DES Cooperative Purchasing Agreement for Transit Buses No. 06719 with City of Gardena.pdf HVC-C_Depot-Charger_UL_Data-Sheet_F.pdf
Council Approval of Purchase of 7 Gillig Buses 3_22_2022.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
—
PRODUCT LEAFLET
Electric Vehicle Infrastructure
HVC Depot (UL) charging for electric fleets
ABB HVC-C Depot charging systems
offer a highly reliable, intelligent and
cost-effective solution to charge
large EV fleets such as buses, trucks
and other commercial vehicles.
A practical solution for busy depots
ABB Heavy Vehicle Charger (HVC) products enable
electric buses and trucks to charge at the depot
ensuring flexibility and scale for every fleet operation that is transitioning to zero-emission transportation.
Sequential Charging
Improving total cost of ownership is easy using the
sequential charging feature offered by ABB’s depot
chargers. This feature allows connection of up to
three depot charge boxes with a single power
cabinet and vehicles are charged sequentially over
time. The system can follow an embedded,
predefined charging process or remote triggers sent
by a fleet management system via OCPP 1.6.
• Vehicles are charged with high power, maximizing
vehicle availability
• The required grid connection is smaller, reducing
upfront investments and operational costs
• The compact depot box is easy to install at sites
with space constraints
• Optimal utilization of installed infrastructure
meaning lower investments in charging equipment.
Key Benefits
+ Smart charging
+ Small infrastructure footprint at vehicle interface
+ Flexible design for roof and floor mounting
+ SAE J1772 CCS and OCPP 1.6 compliant
+ Remote diagnostics and management tools
—
HVC Depot
Boxes and power
cabinets, lined up
at a depot site.
Buy America
ABB can offer the HVC-C Depot Charging Solution
with compliance to the Buy America Act Rule
49 CFR Part 661.5.
Future-proof modular design
Power cabinets can be upgraded from 100 or 150 kW
in the field, as well as add additional depot charge
boxes, allowing operators to scale their operation
and to spread investments over time.
Safe and reliable operation
ABB fast chargers are designed to the highest
international electrical, safety, and quality standards, and are certified by notified bodies - guaranteeing
safe and reliable operation.
Connectivity and remote services
ABB chargers come with an extensive suite of
connectivity features including remote services such
as monitoring, management, diagnostics and
software upgrades. These advanced services provide
equipment owners with powerful insights into their
charging operations while enabling high uptime.
ABB E-mobility is your experienced partner
ABB HVC products are based on a decade of high
power experience in EV charging solutions. ABB has
sold over 50,000 DC fast charging systems in more
than 85 countries – and is the leading EV
infrastructure technology supplier globally.
Technical specifications
Configurations HVC 100C HVC 150C
Maximum output power 100 kW 150 kW
AC Input voltage UL: 3-phase, 480Y/277 VAC +/- 10 % (6 0 Hz) CSA: 3-phase, 600Y/347 VAC +/-10% (60 Hz)
AC Input connection L1, L2, L3, GND (no neutral)
Rated input power 117 kVA 170 kVA
Rated input current UL: 132 A / CSA: 108 A UL: 198 A / CSA: 168 A Recommended upstream circuit breaker(s) U L: 1 x 200 A / CSA: 1 x 150 A UL: 1 x 250 A / CSA: 1 x 250 A Output voltage range 1 50 – 850 VDC
Maximum DC output current 166 A 200 A
Power Factor ≥ 0.97
Current THD IEEE 519 Compliant; <8%; option for 5%
Short circuit current rating 25 kA; 65 kA optional
Efficiency 95%
Vehicle connection interface CCS-1
User interface RGB beacon light system indicates:
1) Ready to charge; 2) Handshake; 3) Charging and 4) Error Cable length 3.5 m (11.5 ft) standard; 7 m (23 ft) optional DC connection standard SAE J1772 - IEC 61851-23 / DIN 70121 - ISO 15118 Environment Indoor/Outdoor
Operating temperature Standard: -10 °C to +50 °C (de-rating characteristic applies) Optional: -35 °C to +50 °C
Protection Power Cabinet: IP54 – IK10 (equivalent to NEMA 3R) Depot Charge Box: IP65 - IK10
Humidity 5% to 95%, non-condensing
Altitude 2500 m (8200 ft)
Network connection GSM/3G modem | 10/100 base-T Ethernet Communication OCPP 1.6 Core and Smart Charging Profiles; Autocharge via OCPP Compliance and Safety CSA No. 107.1-16 and UL 2202 certified by TUV; SAE J1772 - IEC 61851-23 / DIN 70121 - ISO 15118; BA Rule 49 CFR Part 661.5 (optional) Dimensions
Power Cabinet Dimensions (H x W x D) 2030 x 1170 x 770 mm / 79.9 x 46.1 x 30.3 in Weight 1340 kg / 2954 lbs
Depot Charge Box
(without pedestal)
Dimensions (H x W x D) 800 x 600 x 210 mm / 31.5 x 23.6 x 8.3 in Weight 61 kg / 134.5 lbs (with 7 m / 23 ft cable)
Depot Charge Box
(with pedestal)
Dimensions (H x W x D) 1914 x 600 x 400 mm / 75.4 x 23.6 x 16.3 in Weight 181 kg / 398 lbs (with 7 m / 23 ft cable)
—
Overnight charging 100 kW - 150 kW
Flexible choices for bus and fleet charging demands
—
We reserve the right to make technical
changes or modify the contents of this
document without prior notice. We
reserve all rights in this document and
in the subject matter and illustrations
contained therein. Any reproduction,
disclosure to third parties or utilization
of its
contents – in whole or in parts – is
forbidden without prior written
consent of ABB. Copyright© 2023 ABB.
All rights reserved.
—
ABB E-mobility Inc.
950 W Elliott Road, Suite 101
Tempe, AZ, 85284
United States
Phone: 8 00-435-7365
E-mail: [email protected]
e-mobility.abb.com
—
ABB E-mobility Inc.
800 Hymus Boulevard
Saint-Laurent, QC H4S 0B5
Canada
Phone: 800-435-7365
E-mail: [email protected]
9AKK107680A4436F
HVC 100C HVC 150C HVC 150C*
—
* 150 kW overnight charging system
with three depot charge boxes;
shown mounted on pedestal option.
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 17.A
Section: DEPARTMENTAL
ITEMS - TRANSPORTATION
Meeting Date: March 22, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve Purchase of Seven (7), 40-foot Zero-Emission Battery Electric Buses for
$7,740,208
and Authorize Program Total of
$8,514,229
COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve Purchase and Program Total RECOMMENDATION AND STAFF SUMMARY:
Between FY2017-2023, GTrans will be replacing its entire fleet of 40-foot gasoline electric hybrid buses that have reached the end of their useful lives. In order to guide the timely replacement of aging buses, Staff developed a FY2017-2023 Fleet Replacement Plan approved by Council in February 2017. The plan dictated that GTrans would immediately pursue a combination of both CNG and zero emission buses for the near-term replacement of its fleet, with an eventual conversion of the entire fleet to zero emission by 2034. In accordance with the plan, GTrans deployed its first order of 18 Compressed Natural Gas (CNG) buses in 2021, is poised to purchase its next 14 CNG buses, and is now also ready to place the first order of new zero-emission, battery electric buses (ZEBs), which will replace existing 2010 gasoline hybrid electric buses.
GTrans currently operates six zero-emission battery electric buses: five are electric conversions and one is an early-model, traditional electric bus. After an evaluation by Staff regarding the available models from eligible ZEB manufacturers, GTrans has selected the Zero-Emission Bus from Gillig, manufactured in Livermore, CA.
GTrans is able to participate in a purchasing cooperative agreement with the Washington State Transit Bus Cooperative that will allow the purchase of seven ZEBs from Gillig, LLC.
The FTA encourages grant recipients to procure goods and services jointly with other recipients or participate in purchasing cooperatives to obtain better pricing through volume purchases.
As with all new bus purchases, GTrans will incorporate the latest safety features and designs, including improved American with Disabilities Act (ADA) amenities and boarding ramps. New buses will provide a safer, cleaner operating environment for GTrans passengers and employees, improve fleet reliability, allow GTrans to remain in compliance with California Air Resources Board (CARB) and South Coast Air Quality Management District (SCAQMD) regulations, and be on a path to fully transition to zero-emission in the future. The buses, which are anticipated to arrive in the late summer of 2023, will be deployed throughout our service area.
The buses will also require the purchase of plug-in charging equipment and dispensers.
However, Staff is still evaluating equipment requirements from the various manufacturers available on the Washington State Bus Cooperative and will come back to Council at a later date with a recommendation.
Therefore Staff respectfully recommends that Council authorize the purchase of seven zero- emission buses from Gillig, which includes sales tax, training, spare parts, and delivery for a total price of
$7,740,208. GTrans is also requesting authorization for a 10 percent contingency of $774,021 to account for any unforeseen changes, only to be approved in advance by GTrans staff for a not to exceed project total of $8,514,228. And, to authorize the City Manager, or his designee to sign any subsequent documents required by the purchase.
FINANCIAL IMPACT/COST:
GTrans has federal, state, and local funding obligated in existing grants designated for this purchase. There is no impact to the General Fund.
ATTACHMENTS:
Quote Letter GTrans BEB 20220314.pdf
Gardena CA (7) 40' Electric Buses off WA Contract - 3-14-22.pdf Gillig Bus Model Specifications.pdf
WATransitBusCPA_GTrans FINAL.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 18.B
Section: DEPARTMENTAL
ITEMS - TRANSPORTATION
Meeting Date: November 14,
2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve Purchase of a Two-Year Service Level Agreement with ABB for Electric Bus Chargers for $65,885 and a Project Total of $72,474 COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve Purchase
RECOMMENDATION AND STAFF SUMMARY:
In order to power its forthcoming and future electric buses, GTrans has purchased seven ABB HVC-150C – 150kW Plug-In Chargers from Gillig, through the purchasing cooperative agreement with the Washington State Transit Bus Cooperative. These chargers will be placed within the GTrans yard as part of the electrification, solar and battery storage project that is currently underway.
In order to properly maintain and repair any issues that might arise with these chargers once commissioned, GTrans wishes to contract with the original equipment manufacturer to ensure the cost-effective, long-term performance of the charging equipment through the effective maintenance and support of a Service Level Agreement. ABB would provide professional support services, warranty spares, and/or recommended spares as may be required in support of servicing the ABB eMobility charging equipment and systems. ABB will provide ABB personnel, and/or the designated authorized service technician or consultant representing ABB with appropriate training and expertise, to troubleshoot, support, repair or upgrade the ABB electric vehicle charging equipment.
The Service Level Agreement would run concurrently with the charging equipment warranty, but those programs would cover different aspects of service. The warranty will cover obligatory repairs of faulty parts or corrective maintenance, whereas the Service Level Agreement would cover all extra services outside of the warranty, including preventative maintenance. The standard warranty would allow agencies to submit repair tickets and wait in queue, whereas the Service Level Agreement will include a standard five-day response time but GTrans has opted to upgrade to a faster, three-day field service dispatch, which allows GTrans calls to receive a faster response.
Including the additional cost for faster three-day field service technician dispatch service, the Service Level Agreement for each charger is $4,707 per year. The cost for seven chargers is $32,943 per year, and the total, two-year price is $65,885. GTrans is requesting a contingency for this project of ten percent, or an additional $6,589 to accommodate any unforeseen expenditures that may arise, such as non-warranty repairs. Such expenditures would not be allowed unless agreed upon and approved in advance by GTrans management.
Therefore Staff respectfully recommends that Council authorize the purchase of a two-year Service Level Agreement with ABB for its electric bus chargers in the amount of $65,885 and a project total of $72,474, which includes a ten percent contingency.
FINANCIAL IMPACT/COST:
GTrans has local funds available and designated for the purchase of these vehicles, and included in FY24 budget previously approved by the City Council. Future funds for this contract will be included in subsequent budgets, presented to Council for approval. There is no impact to the General Fund.
ATTACHMENTS:
City of Gardena Agreement with ABB.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
AGREEMENT BETWEEN
THE CITY OF GARDENA
AND
ABB E-MOBILITY, INC.
This contract, hereinafter referred to as Agreement, is entered into by and between THE CITY OF GARDENA (“City”) and ABB E -MOBILITY, INC. . (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree as follows:
1. Recitals.
A. City is desirous of obtaining services to support ABB E-Mobility electric vehicle charging equipment.
B. Consultant is qualified by virtue of experience, training, education and expertise to provide these services.
C. City has determined that the public interest, convenience and necessity require the execution of this Agreement.
2. Services.
A. The services to be performed by Consultant shall consist of the scope of services outlined in Consultant’s proposal, and any associated addendum, incorporated herein by reference, unless otherwise instructed by City.
B. The Services shall be performed in accordance with the Project Schedule. Consultant shall not be liable for any failure or delay in furnishing proposed services resulting from fire, explosion, flood, storm, Act of God, governmental acts, orders or regulations, hostilities, civil disturbances, strikes, labor difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or delays in obtaining suitable material or facilities required for performance, temporary unavailability of qualified personnel, failure by City to provide appropriate access to equipment or personnel, or other causes beyond Consultant’s reasonable control.
3. Additional Services. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the amount agreed upon in writing by the Parties. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.
4. Agreement Administrator. For purposes of this Agreement, City designates Rachel Yoo as the Agreement Administrator who shall monitor Consultant’s performance under this Agreement. All notices, invoices or other documents shall be addressed to the Agreement Administrator, as well as all substantive issues relating to this contract. City reserves the right to change this designation upon written notice to Consultant.
5. Consultant’s Proposal. This Agreement shall include and incorporate therein Consultant’s proposal in response incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
6. Timing of Performance. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement City, in its sole discretion, may extend the time for performance of any Service.
7. Compensation. Compensation for the Services shall be billed as set forth in Attachment A, attached hereto. The Compensation is inclusive of all costs that may be incurred by Consultant in performance of the Services, including but not limited to such items as travel, copies, delivery charges, phone charges, and facsimile charges.
8. Term of Agreement/Termination.
A. This Agreement shall be effective as of the date of execution by the City and shall remain in effect until all Services are completed or until terminated as provided for herein.
B. City may terminate this Agreement without cause by providing written notice to Consultant not less than three days prior to an effective termination date. City’s only obligation in the event of termination will be payment of fees and allowed expenses incurred up to and including the effective date of termination.
C. Unless for cause, Consultant may not terminate this Agreement.
D. Upon receipt of a termination notice, Consultant shall: (1) promptly discontinue all Services, unless the notice directs otherwise; and (2) within ten (10) days, deliver to City all files, data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the Services under this Agreement, whether completed or in progress. Consultant shall provide these documents by both hard copy and in electronic format if available. In the event of termination for other than cause attributable to Consultant, Consultant shall be entitled to reasonable compensation for the services it performs up to the date of termination and shall be deemed released from liability for any work assigned but not completed as of the effective date of termination.
9. Invoices and Payments.
A. Payment shall be made upon receipt and approval of invoices for Services rendered.
In order for payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs, and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced.
B. The Agreement Administrator shall review the invoices to determine whether services performed and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or the Agreement Administrator shall provide Consultant with a written statement objecting to the charges and stating the reasons therefore.
C. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
10. Records/Audit.
A. Consultant shall be responsible for ensuring accuracy and propriety of all billings and shall maintain all supporting documentation for a minimum of three (3) years from the completion date of the Services under this agreement the following records:
1. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assure proper accounting for all DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
funds.
2. Records which establish that Consultant and any subconsultant who renders Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations.
3. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.
B. City shall have the right to audit Consultant’s invoices and all supporting documentation for purposes of compliance with this Agreement for a period of three years following the completion of Services under this Agreement.
C. Upon reasonable notice from City or any other governmental agency, Consultant shall cooperate fully with any audit of its billings conducted by, or of, City and shall permit access to its books, records and accounts as may be necessary to conduct such audits.
11. Successors and Assignment. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
12. Change in Name, Ownership or Control. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.
13. Key Personnel . City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City.
14. Use of Materials.
A. City shall make available to Consultant such materials from its files as may be required by Consultant to perform Services under this Agreement. Such materials shall remain the property of City while in Consultant’s possession. Upon termination of this Agreement and payment of outstanding invoices of Consultant, or completion of work under this Agreement, Consultant shall return to City any property of City in its possession and any calculations, notes, reports, electronic files, or other materials prepared by Consultant in the course of performance of this Agreement.
B. City may utilize any material prepared or work performed by Consultant pursuant to this Agreement, including computer software, in any manner, which City deems proper without additional compensation to Consultant. Consultant shall have no responsibility or liability for any revisions, changes, or corrections made by City, or any use or reuse pursuant to this paragraph unless Consultant accepts such responsibility in writing.
15. Confidentiality. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either state or federal statutes ("Confidential Information"). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Consultant agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub - consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub -consultants who have signed a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information.
The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perform "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.
Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub-consultants agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.
Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the City harmless from and against all losses and damages resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.
16. Nonuse of Intellectual Property of Third Parties. Consultant shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Consultant has a license. Consultant shall indemnify and hold City harmless against all claims raised against City based upon allegations that Consultant has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Consultant pursuant to this Agreement.
17. Ownership of Work Product. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed worked made for hire for City by Consultant and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination of this Agreement.
18. Legal Requirements.
A. Consultant shall secure and maintain all licenses or permits required by law, including DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
a City business license, and shall comply with all ordinances, laws, orders, rules, and regulations pertaining to the work.
B. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreements.
C. Consultant covenants that there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry, or any other category forbidden by law in performance of this Agreement.
19. Conflict of Interest and Reporting.
A. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.
B. Consultant and its representatives shall refrain from lobbying City of Gardena officials, employees and representatives for the duration of this Agreement.
20. Guarantee and Warranty. Consultant warrants to City that the material, analysis, data, programs and SERVICES to be delivered or rendered hereunder will be of the kind and quality designated and will be performed by qualified personnel. Without waiver of City’s other rights or remedies, City may require Consultant to re - perform any of said services, which were not performed in accordance with these standards. Consultant shall perform the remedial services at its sole expense.
21. Insurance.
A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverage required in this Section. Consultant’s insurance shall comply with all items specified by this Agreement. Any subcontractors shall be subject to all of the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.
B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A -: VII, unless otherwise approved by City.
C. Coverage, Limits and Policy Requirements. Consultant shall maintain the types of coverage and limits indicated below:
1. Commercial General Liability Insurance - a policy for occurrence coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.
2. General Auto Liability Insurance - a policy including all coverage provided by and to the extent afforded by Insurance Services Office form CA 0001, including hired and non -owned autos with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
3. Worker’s Compensation and Employer’s Liability Insurance - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.
4. Professional Errors & Omissions - a policy with minimum limits of one million dollars ($1,000,000.00) per claim and aggregate. This policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled until thirty (30) days written notice, unless cancelled for non-payment, then ten (10) calendar days notice shall be given, is mailed to City.
5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. The City, its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy. b. The insurer shall agree to provide City with thirty (30) days prior written notice, of any cancellation, non-renewal or material change in coverage, unless cancelled for non-payment, then ten (10) calendar days notice shall be given. c. For any claims with respect to the Services covered by this Agreement, Consultant’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its elected and appointed officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.
E. Deductibles. Any deductible or self -insured retention over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self -insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses.
F. Verification of Compliance. Consultant shall furnish City with original policies or DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.
G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.
22. Indemnity.
A. Consultant assumes all risk of injury to its employees, agents, and contractors, including loss or damage to property.
B. Consultant shall defend, indemnify, and hold harmless the City, including its officials, officers, employees, and agents from and against all claims, suits, or causes of action for injury to any person or damage to any property arising out of any intentional or negligent acts or errors or omissions to act by Consultant or its agents, officers, employees, subcontractors, or independent contractor, in the performance of its obligations pursuant to this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.
This indemnity shall not apply if the claim arises out of the sole negligence or willful misconduct of City, its officers, agents, employees or volunteers.
C. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
23. Independent Contractor. Consultant agrees to furnish consulting services in the capacity of an independent contractor and neither Consultant nor any of its employees shall be considered to be an employee or agent of City.
24. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
25. Notices. Any notice or communication given under this Agreement shall be effective when DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
deposited, postage prepaid, with the United States Postal Service and addressed to the contracting parties. Name, address, telephone and facsimile numbers of the parties are as follows:
City of Gardena – GTrans
Attn: Rachel Yoo
13999 S. Western Avenue
Gardena, California 90249
Email: [email protected]
ABB E-Mobility, Inc.
Attn: Kendell Whitehead
305 Gregson Drive
Cary, North Carolina 27511
Email: [email protected]
Either party may change the information to which notice or communication is to be sent by providing advance written notice to the other party.
26. Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
27. Jurisdiction and Venue. This Agreement shall be deemed a contract under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Both parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be Los Angeles County, California.
28. Waiver. No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof or of such Party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. To be valid a waiver shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.
29. Electronic Signatures. 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 Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by 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 Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E -SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal.
Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E -SIGN and UETA with respect to this specific transaction.
30. Joint Drafting. Each party acknowledges that it has had an adequate opportunity to revie w each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
31. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
32. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
33. Attorney’s Fees. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.
34. Entire Agreement . This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures.
Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
(The Remainder of This Page is Intentionally Left Blank) (Signature Page Follows)
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
IN WITNESS WHEREOF, the parties have hereunto affixed their names as of the day and year written below.
CITY OF GARDENA
By ______________________
Tasha Cerda
Mayor
Date ____________________
ACCEPTED: ABB E-MOBILITY, INC.
By ______________________
Pat Hayes
VP Sales, Bus & Transit
Date ____________________
ACCEPTED: ABB E-MOBILITY, INC.
By ______________________
Bob Stojanovic
SVP ABB E-mobility Inc.
Date ____________________
APPROVED AS TO FORM:
________________________
Carmen Vasquez
City Attorney
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2 11/7/2023
11/7/2023
Information contained within this proposal is considered by ABB to be Confidential, and not to be disclosed to any 3rd party.
Let’s write the future
Together
`
EV Charging System Care Proposal
for
City of Gardena GTrans
for their
ABB HVC Chargers
Kendell Whitehead
[email protected]
971-256-1931
Proposal Date: November 3, 2023
Proposal Number: OPP-23-6272721_Rev2
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 2
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Table of Contents
1 Equipment Summary for Proposed Service Agreement .................................................................................. 3 4 Service Level Agreement Process and Scope .....................................................................................................4 5 Service Level Agreement Product Definitions .................................................................................................... 6 6 Recommended Maintenance Schedules for ABB Chargers ............................................................................. 7 7 Spare Parts, Storage and Availability ................................................................................................................. 10 8 ABB Web Tools ......................................................................................................................................................... 10 9 Service Level Agreement, “Enterprise Care” Plan Pricing .............................................................................. 11 10 Offer Terms and Conditions................................................................................................................................. 12 11 ABB 2024 Company Holiday Schedule ............................................................................................................... 12 Appendix A: ABB On-Demand Service Rates ................................................................................................................. 13 Appendix B: Additional Services Request Form .......................................................................................................... 14 Appendix C: ABB E-mobility, Inc. Standard Terms and Conditions ......................................................................... 15
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 3
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1 Equipment Summary for Proposed Service Agreement
ABB E-mobility, Inc., also referred within this document as “ABB”, headquartered at 305 Gregson Drive, Cary, NC 27511, is defined for the purposes of this proposal as the provider of professional services to support ABB E-mobility electric vehicle charging equipment in the service of the electrically powered buses and other electric vehicle equipment owned by the customer. Under a future Service Level Agreement, the Customer agrees that ABB, as an organization, ABB personnel, and/or the designated authorized service technician or consultant representing ABB, is appropriately trained and of the expertise to troubleshoot, support, repair or upgrade the ABB electric vehicle charging equipment operated by the Customer, as identified by the serial numbers or relevant information below:
*Serial Numbers to be provided
Quantities:
150kW Charger with (2) Depot Box Dispensers
7 x HVC-150C – 150kW UL Cabinets BAA (480 VAC Input) (6AGC081325) 14 x Depot Charge Boxes 7m cable UL BAA (6AGC080141)
Under the terms of the agreement, ABB would provide professional support services, warranty spares, and/or recommended spares as may be required in support of servicing the ABB E- mobility charging equipment and systems identified above, and as identified in the Commercial Summary within Section 9 of this proposal.
ABB personnel or its representatives will follow and adhere to all standard safety requirements outlined by ABB, as well as any site-specific safety requirements. The Customer agrees to provide ABB with any site safety requirements for contractor personnel for ABB to review at least 5 business days in advance of the signature of the Service Level Agreement. In addition, should there be changes to the safety requirements for contractor personnel for the customer’s facilities after the signing of the SLA, the customer will notify ABB E-mobility in writing as soon as possible, and no less than 10 business days prior to any scheduled or emergency ABB technician visit. ABB personnel and representatives will adhere to the last-known Customer safety requirements or the ABB E-mobility personnel safety requirements, whichever is more stringent.
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 4
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2 Invoice Schedule & Payment Terms
The terms of payment for all systems, services, and products purchased under the Service Level Agreement shall be 30 days from date on invoice, subject to annual invoices issued following receipt and acceptance of your Purchase Order. Annual invoicing will continue automatically for multi-year contract periods.
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3 Order Cancellation
Please refer to the attached ABB Standard Terms and Conditions in Attachment B for information regarding cancellation.
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4 Service Level Agreement Process and Scope
ABB offers professional equipment life cycle services for our customer’s installed electric vehicle charging products which will help our Customer gain cost-effective, long-term performance of their heavy vehicle charging equipment through effective maintenance and support, as outlined within this proposal and under the terms of the Service Level Agreement.
For service inquiries, please initially contact ABB through the following avenues:
To open a case for equipment support:
1. Submitting a ticket by logging in to ABB E-mobility’s Service Portal RISE at: https://abb-emobility-community.force.com/AbbEmobilityPortal (Please Note: this option requires login credentials)
2. Creating your case via email-to-case by sending a message to:
[email protected]
Please include your Company Name, ABB Serial Number of the affected unit, and description of the issue/request.
3. Calling the ABB E-mobility Service Hotline at (+1) 800-825-2556 / option 2
7 a.m. to 7 p.m., Central Time, Monday through Friday.
All ABB E-mobility Service Level Agreements are governed by the process outlined in the flowchart on the following page, and per the options selected by the Customer and identified within the service contract.
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 5
ABB’s Logic Path for Service Inquiries:
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 6
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5 Service Level Agreement Product Definitions
Charger Support Request Response Time
ABB defines Charger Support Response Time as the maximum allotted time for ABB to react to a customer inquiry by acknowledging receipt of the request by the ABB support team or designee, which then triggers the remote troubleshooting process. The response time windows are defined as 7AM to 7PM Central Time, including Daylight Savings Time when applicable, Monday through Friday, and excluding ABB holidays.
Remote Diagnostic Response Time
ABB defines Remote Diagnostic Response Time as the maximum allotted time for ABB to provide a remote response after receiving a charger support request. The Customer will receive next steps and/or a diagnosis from the ABB support team within the defined period after receipt and acknowledgement of the support request, Monday through Friday. Under the unusual circumstance that the ABB US Support Team requires the assistance of the ABB Global Service Desk to diagnose or confirm their diagnosis of the issue, the Customer will be notified and provided an update, including an explanation via email which may include the steps taken by the US Service Team, and/or the need for the assistance of the ABB Global Service Desk.
Under these very special circumstances, the final response time may be delayed by international workdays and hours of operation.
Deployment Time of Onsite Service
ABB defines Deployment Time of Onsite Service as the amount of time allowed to lapse after the remote diagnostic response process is complete before the dispatching of an engineer/tech to the site. If the issue cannot be resolved via remote support and it is mutually agreed between the contract parties that ABB support is required onsite, and all potential spare parts are at the site for the technician’s use, then an ABB service technician will be dispatched to the site and the customer will be notified of this dispatch within the required hours of the Remote Diagnostic Response Time, as outlined within the Service Level Agreement. The timing of any site work must be communicated and agreed between both parties to ensure ABB personnel access to the charging equipment, as well as potentially an electric vehicle to assist with testing during the site support visit. Site visits will be prioritized based on the urgency of the issue and the terms within the Customer’s Service Level Agreement. (Note: response time to site may be restricted by parts availability, as defined in by the Spare Parts, Storage and Availability terms within the SLA.)
Preventative Maintenance, “PM”
Preventive maintenance can be scheduled at multiple intervals from the commissioning of each charger. This work will be completed by an ABB E-mobility qualified service technician per the DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 7
maintenance schedules outline by ABB Engineering, according to technology. The preventative maintenance includes a visual inspection of internal and external components, replacement of consumable parts depending on the equipment type and ABB’s recommended preventative maintenance tasks, and finally, testing of the equipment. Generally, the only spare parts included with ABB’s Preventative Maintenance for the HVC cabinet are the air filters, however, please note that environmental conditions and the frequency of charging sessions may demand more frequent replacement of the air filters during the lifetime of the charger. In this instance, the Customer is responsible for any additional air filter replacements between the natural PM cycles. Any additional, out-of-scope repairs identified during the performance of scheduled preventative maintenance will be advised to the customer and are not included with the PM service. It is recommended that the customer follow the maintenance schedule provided by ABB, and replace all other parts such as fans, power modules, etc. as may be required at the Customer’s expense, and per their recommended replacement intervals.
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6 Recommended Maintenance Schedules for ABB Chargers
ABB HVC-C with Depot Box
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 8
The Maintenance Schedule for the HVC Power Cabinet is defined based on the following charging cycle options:
Ambient temperature = 25°C and charging 8 consecutive hours, charging at full load. Ambient temperature = 25°C and cycles of 6 minutes charging at full load, every 15 minutes for 8 hours a day
ABB Pantographs
Consumables
Consumables are parts that will wear with the use, or degrade based on operating conditions, weather conditions, the number of charging sessions, and/or customer use and handling of the equipment. They are not covered under the ABB warranty unless an RMA has been approved and obtained, and a review and approval for coverage provided by ABB Quality. As such, consumables are not included in the Preventative Maintenance tasks outlined above. Please see the following table for a list of these consumables and their estimated replacement cycle:
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 9
The contact rails of the pantograph are considered a consumable item, and periodic maintenance and cleaning of these, including removal of any accumulation on the rails, may be required. The rails must be replaced if one of any following conditions are present:
Minimum height of copper of 3mm over the whole length Deformation or damages due to arcs
Inspection Cycles:
Periodic maintenance and cleaning of HVC Cabinets and Depot Boxes, quarterly, including:
Environment characteristics and the quantity of charging sessions may demand additional replacements of the HVC air filters during the lifetime of the charger.
Periodic maintenance and cleaning of Pantographs, quarterly, including:
Removal of any accumulation on rails (see following)
Every 3 months:
Contact rails:
Functional testing / Visual inspection of the rail, cleaning, sanding or replacing if needed. Recommended interval, this may vary based on usage, weather conditions, bus design and operation.
Failing to inspect and cleaning the Contact rails may cause additional wearing that requires an early replacement.
Earlier need to perform this action can be monitored remotely via ABB tools by analyzing the increase in disconnection during charging sessions. The wear of the contact rails is expected during the operation and therefore must be monitored by the operator acc. to their operational experience.
Every 6 months:
Testing and greasing:
Check of spring force and contact force
Cycle time and cleaning
Greasing as per service instruction
Recommended interval, this may vary based on usage, weather conditions and bus design
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 10
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7 Spare Parts, Storage and Availability
ABB maintains facilities in Redlands, CA and Union City, CA for the warehousing of warranty spares. At these facilities, ABB stocks limited quantities of spare parts for support of the equipment warranties for all our customers. These warranty spare parts are shared by all customers and are available on a first-come, first-served basis.
Customer Spare Parts
ABB’s Recommended Spare Parts list for this equipment has not been included with this proposal.
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8 ABB Web Tools
Our web tool is an on-line management set of tools providing operators of charging infrastructure with real-time status information and usage statistics on their equipment. Equipment owners can gather detailed charge session statistics, configure chargers on their sites according to their preferences, and obtain valuable insights through charger usage statistics. All charge session data can be exported and managed directly from this Internet-based application. This web solution consists of several modules, and ABB is including our web tool Driver Care / Operator Pro for the Customer’s use during the warranty period. Should the services included under the original equipment purchase warranty period expire, these web tools are available for purchase at defined intervals.
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 11
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9 Service Level Agreement, “Enterprise Care” Plan Pricing 2-Year Contract, under warranty for City of Gardena site(s) Covered units as identified by serial number in Section 1 of this proposal (to be provided) Description 2-Year Price Enterprise SLA for 7 x 150kW Charger with (14) Depot Box Dispensers total
$ 52,281 USD
Connected Services & Web Tools, Driver Care / Operator Pro Included Technical Support and Response Time
Remote Response via phone, internet and/or email, Monday thru Friday, 7AM to 7PM Central Time, excluding ABB company holidays
Included
Expedited Technician Dispatch
Within 5 Days after Dispatch, Monday thru Friday, during regular ABB business hours
Spare parts must be available at the site before technician dispatch
Included
Annual Preventive Maintenance
Including Technician Labor, Travel, and any applicable preventative maintenance materials; Annual Health Report included
Included
Corrective Maintenance Field Service
Including technician labor and travel/lodging
Included
ADDER for Faster 3-Day Field Service Technician Dispatch 3-Day On-Site Response after Part(s) Available at Site** $ 13,604 USD TOTAL $ 65,885 USD
**Service Level Agreement must be agreed between parties, including approval from the ABB Service Management Team.
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 12
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10 Offer Terms and Conditions
This commercial offer is valid for up to 90 days after the proposal date, or until the first date of the proposed Service Level Agreement, whichever occurs first. Orders received after the date of the proposed Service Level Agreement identified within this proposal may be subject to price adjustments.
Additional terms not directly addressed by the Service Level Agreement will be per ABB E- mobility, Inc. standard terms, attached. All services are performed under ABB E-mobility, Inc. standard terms and conditions unless otherwise specified by ABB E-mobility, Inc. or the relevant Service Level Agreement.
All prices are in USD currency and do not include any applicable federal, state/provincial, or local taxes.
All elected options and requested materials must be ordered together for pricing in this offer to be honored.
Payment is due within 30 days of invoice unless otherwise agreed between parties and identified within the Service Level Agreement.
ABB allows pro-rating of the SLA pricing, enabling, for example, the alignment of all units' renewal dates. In this approach, the SLA is calculated as (x/365) times the annual rate of the per charger price, where 'x' represents the number of days remaining until the upcoming renewal period. ABB is open to collaborating with the customer to determine a renewal date that is mutually acceptable to both parties.
In the event Customer flows-down to ABB in writing and ABB accepts, ABB will comply with Federal Acquisition Requirement 52.222-43 and 52.222-6 and California Labor Code (section 1774).
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11 ABB 2024 Company Holiday Schedule
New Year's Day Monday, January 1
Martin Luther King Jr. Day Monday, January 15
Good Friday Friday, March 29
Memorial Day Monday, May 27
Independence Day Thursday, July 4
Independence Day (day after) Friday, July 5
Labor Day Monday, September 2
Veteran's Day Monday, November 11
Thanksgiving Day Thursday, November 28
Thanksgiving Day (day after) Friday, November 29
Christmas Eve Tuesday, December 24
Christmas Day Wednesday, December 25
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 13
Appendix A: ABB On-Demand Service Rates
2024 Rate Schedule for ABB E-mobility, Inc.
SAFETY FIRST!
For safety purposes, ABB reserves the right to limit continuous work of one individual to 12 hours with 8 hours of rest in a hotel prior to starting again.
Service
Description
Standard Hourly Rates
Regular $217
Overtime 1 $326
Overtime 2 $434
Holiday $651
Standby $310
Weekdays (Monday to Friday) Saturday Sunday ABB Holidays Day Shift
7:00 –
19:00
Standard rate: First
consecutive 8 hours
Overtime 1 rate: After 8 and
<12 hours
Overtime 2 rate: Greater
than 12 hours
Overtime 1
rate: First
Consecutive 8
hours
Overtime 2
rate: Greater
than 8 hours
Overtime 2 rate: Any hours Holiday rate
Night
Shift*
19:00 –
7:00
Night Shift Rate: First
consecutive 8 hours
Overtime 1 rate: After 8
hours
Overtime 2
rate: Any
hours
Overtime 2 rate: Any hours Holiday rate
*Night Shift rates apply to any hours worked from 19:00 to 7:00.
Other Costs
Travel and Living Expenses: Hotel, car rental, airfare, taxi, etc Actual cost + 10% administration Fee Meal Allowance Per Diem: $75/Day
Car Allowance when applicable $0.60/Miles – minimum charge of 80 Miles/day Tools and Equipment Rental Actual Cost + 10%
Minimum chargeable time at site 4-hour minimum charge on all service requests. Cancellation All services must be scheduled and confirmed at least 72 hours prior to travel. In the event of any cancellations in less than 72 hours prior to travel, all incurred expenses and an 8-hour cancellation fee will be charged at the applicable rate. Standby Minimum billing of 8 hours per day at applicable hourly rate for all services provided, including standby during weekdays and weekends.
Rates: the above rates are assumed to be standard labor rates and overtime rates, as identified; any additional rate categories will be billed separately, including prevailing and union wages. Please request a detailed quotation from your ABB Service Team for more information regarding the rate(s) for your specific project or service.
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 14
Appendix B: Additional Services Request Form
Service Request Form
ABB Personnel Requesting Service:
Service to be supplied:
Starting and Ending Date of Service:
Customer purchase order:
Project/Sales Order:
Authorized Customer Requesting :
Contact name:
Phone Number:
Email:
Location:
End User
End User Customer Contact:
Title
Phone Number:
Email:
Location:
Equipment to Serve
Description Serial Number
Special Instructions to Field Service Engineer
Notes:
Important: No Service Request will be processed without the mandatory information in red provided.
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2
All data and information contained herein and provided by ABB is considered confidential and proprietary, and may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of ABB. This ABB proposal is non-binding and does not constitute a contract.
ABB E-mobility Inc www.abb.com/evcharging Page 15
Appendix C: ABB E-mobility, Inc. Standard Terms and Conditions Attached
DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2 Version: April 24, 2023
ABB E-MOBILITY NORTH AMERICA: GENERAL TERMS AND CONDITIONS FOR SALE OF GOODS AND SERVICES These General Terms and Conditions (“Terms”) govern the sale of goods and services listed on an order placed by Purchaser (“ Purchase Order” o r “Order”). Unless the context otherwise requires, the term " Equipment" as used herein means Seller manufactured goods set forth on a Specification. Equipment excludes any third party provided optional materials, add-ons or equipment. “ Firmware” means all permanent software programmed into a read only memory that is stored on the Equipment and contains instruction sets that allow the hardware to interface with the operating system of the Equipment and related documentation, if any, licensed by Seller to Purchaser. “Services" means any or all of labor, supervisory, technical and engineering, installation, commissioning, repair, consulting or other services provided by Seller directly to the Equipment pursuant to a Purchase Order. Seller hereby agrees, from time to time, to sell to Purchaser and Purchaser hereby agrees to purchase from Seller the Equipment and Services and the parties further agree as follows. For sales in the United States, Seller is ABB E-mobility Inc. For sales in Canada, Seller is ABB E-mobility Inc. (Canada). These terms, submitted to Purchaser with a Proposal, policies, addendum(s), if any, shall control over any conflicting terms), and all of which constitute the entire agreement (the "Agreement") between the parties. As used herein, the term "Purchaser" shall also include the initial end user of the Equipment and/or services.
ARTICLE 1: ORDER PLACEMENT AND CANCELLATION
1.1 Proposals for Purchase of Equipment and Services
Purchaser may, from time to time, request to purchase Equipment and Services from Seller. Seller will provide a quotation to Purchaser with business terms related to such purchase and licenses (“ Proposal”). Proposals expire thirty (30) days from the date of the Proposal and may be modified or withdrawn by Seller before Seller’s receipt of Purchaser’s acceptance. All prices quoted in a Proposal are subject to revision at any time by Seller in the event of any increase in raw material, energy costs or governmental actions such as tariffs. Purchaser will order Equipment and Services under this Agreement by submitting Orders to Seller. Each Order is an independent transaction and is subject to acceptance by Seller before any such Order will become binding on Seller. With each Order, the parties confirm and renew their confirmations and commitments under this Agreement. Neither party is obligated to place or accept such Orders.
1.2 Orders Related to Services
Pricing for Services is based on normal business hours (8 a.m. to 5 p.m. Monday through Friday local time where Services are performed). Overtime and Saturday hours will be billed at one and one-half (11/2) times the hourly rate; and Sunday hours will be billed at two (2) times the hourly rate; holiday hours will be billed at three (3) times the hourly rate. Associated travel and living costs will be billed to Purchaser. If a Services rate sheet is attached hereto, the applicable Services rates will be those set forth in the rate sheet. Rates are subject to change without notice.
1.3 Terms and Conditions of Purchase Order
Any Purchase Order placed by Seller will reflect these Terms. Purchaser acknowledges and agrees that any terms and conditions set forth on any document issued by Purchaser, including but not limited to a Purchase Order, are hereby explicitly rejected and disregarded by Seller, and any such document is wholly inapplicable to any sale made by Seller, is not binding in any way on Seller and is wholesale rejected by Purchaser and Seller.
1.4 Termination or Cancellation by Purchaser Related to Equipment Equipment may not be returned or cancelled without prior written approval of Seller and Purchaser’s payment of Seller’s Cancellation Charges, which will protect Seller against costs and losses of such cancellation. In the event that Purchaser terminates or cancels a Purchase Order, credit will be allowed for only the actual quantity Seller receives in saleable condition. In the event of cancellation or termination by Purchaser, Purchaser will pay to Seller the “Cancellation Charges” as follows:
1.4.1 Twenty percent (20%) of the Purchase Order Fee of the cancelled Equipment prior to commencement of manufacture of such Equipment (if such Equipment is not already manufactured);
1.4.2 Fifty percent (50%) of the Purchase Order Fee of the cancelled Equipment if cancellation occurs after the commencement of manufacture of the Equipment and before Seller ships the Equipment to the Delivery Location; and
1.4.3 One hundred percent (100%) of the Purchase Order Fee of the cancelled Equipment if cancellation occurs after Seller has shipped the Equipment to the Delivery Location.
1.5 Termination or Cancellation by Purchaser Related to Services Services may be cancelled or a Purchase Order for Services terminated by Purchaser only upon:
1.5.1 prior written notice of no less than 90 days to Seller;
1.5.2 payment to Seller of the work performed prior to the effective date of the notice of termination;
1.5.3 payment to Seller of the costs identified in the Purchase Order incurred by Seller for work not completed;
1.5.4 payment to Seller of all expenses incurred by Seller attributable to such termination including but not limited to expenses for equipment or materials to complete Services; and
1.5.5 a fixed sum of twenty percent (20%) of the final Price of the cancelled Purchase Order to compensate Seller for disruption in scheduling.
1.6 Suspension, Cancellation or Termination of a Purchase Order by Seller Seller may suspend, cancel or terminate a Purchase Order or the Agreement with immediate effect upon written notice to Purchaser under the following circumstances:
1.6.1 Purchaser fails to pay any amount when due under the Agreement and the failure continues for ten (10) days after the date of Seller’s notice of nonpayment;
1.6.2 Purchaser refuses to take Delivery of the Equipment;
1.6.3 Purchaser breaches its obligations under Article 22; or
1.6.4 Purchaser becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
1.7 Consequences of Suspension, Cancellation of Termination by Seller Upon suspension of a Purchase Order pursuant to Section 1.6 of these Terms, Seller will suspend its performance under such Purchase Order until such time as the full balance is paid. Any cancellation or termination by Seller of a Purchase Order or the Agreement for the reasons set forth in Section 1.6 of these Terms will result in in all amounts owed by Purchaser to Seller under a Purchase Order being immediately due and Purchaser will be liable to Seller for all costs for work performed to date, costs associated with suspension, cancellation or termination of the work and all other costs recoverable at Law. It is understood that Seller will not be liable to Purchaser for damages in any form (including but not limited to direct, indirect, special, consequential and incidental) by reason of such cancellation or termination. Seller has no obligation to store Equipment for the benefit of Purchaser.
ARTICLE 2: PLACE AND DATE OF DELIVERY
2.1 Place of Delivery
Seller will deliver the Equipment to Purchaser as follows or to such other place as may be agreed in writing between the parties (in each instance, the " Delivery Location"):
2.1.1 For all sales in the United States, unless otherwise stated in a Proposal (a) all Equipment manufactured, assembled or warehoused in the continental United States is delivered FCA Seller point of shipment, Incoterms 2020; (b) Equipment shipped from outside the continental United States is delivered FCA United States port of export Incoterms 2020; and (c) spare parts, hardware and replacement parts are delivered FCA Seller’s local distribution center. If Purchaser requests drop shipment, Equipment will be delivered CPT Shipping Port Incoterms 2020 and Seller will remain liable for import clearance and duties.
2.1.2 For all sales in Canada, unless otherwise specified in a Proposal, (a) all Equipment is delivered FCA ABB E-mobility Inc (Canada) port of import, Incoterms 2020 ; and (b) spare parts, hardware and replacement parts are delivered FCA Seller’s office in Montreal, Quebec, Incoterms 2020.
2.2 Scheduled Delivery Date
Delivery (defined below) of the Equipment is scheduled to occur on or about the date set forth in a Purchase Order accepted by Seller for the Equipment. Seller will notify Purchaser from time to time and in a timely manner of the exact date on which Seller expects Delivery will take place (the " Scheduled Delivery Date "). Shipping and delivery dates are contingent upon Purchaser's timely approvals and delivery by Purchaser of any documentation required for Seller's performance hereunder. Failure by Seller to deliver by the Scheduled Delivery Date will not be a material breach by Seller.
ARTICLE 3: FEES AND PAYMENTS
3.1 Fee
Purchaser will pay Seller the amounts set forth on a Purchase Order which correspond to a Proposal and have been agreed by Seller (“ Fee”). The Fee includes customs duties and other importation or exportation fees, if any, at the rates in effect on the date of the Proposal. Any change after that date in such duties, fees, or rates, shall increase the Fee by Seller's additional cost.
3.2 Payment Terms
All payments will be paid net cash, without offset, in the currency of the country of purchase, no later than thirty (30) days following the date of an invoice from Seller to Purchaser to the account specified by Seller. Seller is not required to commence or continue its obligations hereunder unless and until invoiced payments have been received in a timely fashion. For each day of delay in receiving required payments, Seller will be entitled to a matching extension of the schedule and Scheduled Delivery Date.
3.3 Default Interest
If Seller does not receive the Fee or any other amount on or before the specific date when due, Seller will suffer loss and damage the exact nature and amount of which are difficult or impossible to ascertain. Purchaser will pay Seller as supplemental fee (by way of agreed compensation and not as a penalty) interest on any due and unpaid amounts payable by Purchaser under an Order plus Seller's attorneys' fees and court costs incurred in connection with collection . Interest will be calculated at a per annum rate (based on a 360 day year) which is equal to five percent (5%) plus the rate of interest from time to time announced by JPMorgan Chase Bank in New York as its prime commercial lending rate Prime Rate in effect on the date on which the amount was originally due for the period from the date the amount originally was due through the date the amount actually is received at Seller's bank (" Default Interest"). Default Interest will accrue on a day-to-day basis and be compounded monthly. Failure to make any payment as herein provided, will result in the whole Fee becoming due and payable.
3.4 No Deductions or Withholdings
All payments by Purchaser under a Purchase Order will be made in full without any deduction or withholding whether in respect of set-off, counterclaim, duties, or Taxes (defined below) imposed in the country of purchase or any jurisdiction from which such payments are made unless Purchaser is prohibited by any (a) statute, decree, constitution, regulation, order or any directive of any Government Entity, (b) treaty, pact, compact or other agreement to which any Government Entity is a signatory or party, (c) judicial or administrative interpretation or application of any of the foregoing or (d) any binding judicial precedent having the force of law DocuSign Envelope ID: 7F5CDAAB-F4E5-44C1-883F-0D751E9D5FD2 Version: April 24, 2023