Important Disclosures
City of Gardena Consolidated
Account #10647
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Execution Time: 2/5/2024 1:22:44 PM
Chandler Asset Management - CONFIDENTIAL
Report No. P-2024-4
1 TO: THE HONORABLE MAYOR AND CITY COUNCIL
SUBJECT: PERSONNEL REPORT
1. Report the appointment of LIZETH DIRICIO, to the position of Transport ation Operations Supervisor, Schedule 117 ($7,026 - $8,967/month) with the Transportation Department, effective February 12, 2024.
2. Report the Promotional Appointment of the following individuals:
a. VICTOR GOMEZ to the position of Police Sergeant , Schedule 203 ($10,094 - $12,883/month) with the Police Department, effective February 11, 2024. b. ROBERTO ROSALES JR., to the position of Police Sergeant , Schedule 203 ($10,094 - $12,883/month) with the Police Department, effective February 18, 2024. c. BRANDON PASTRE to the position of Building Maintenance Lead, Schedule 54 ($6,340 -$8,092/month) with the Public Works Department, effective February 18, 2024. d. AMANDA ACUNA to the position of Community Development Manager, Schedule 126 ($8,776 -$11,201/month) with the Community Devel opment Department, effective February 19, 2024.
3. Report the Retirement of Police Officer, LUIS VILLANUEVA JR., of the Police Department, effective January 26, 2024. Officer Villanueva provided 23 years of service to the City.
4. Report the Separation of the following individuals:
a. Help Desk Technician, JOSMELYE CABRERA FERNANDEZ , of the Administrative Services Department, effective February 27, 2024. Ms. Cabrera Fernandez provided
1.25 years of full-time service to the City.
b. Police Records Technician II , ANGELA GOMEZ , of the Police Department, effective March 2, 2024. Ms. Gomez provided 5 years of full-time service to the City.
5. Report the Recruitment for the Open/Competitive position of Help Desk Technician (Administrative Services Department). This recruitment is scheduled to close June 7, 2024.
6. Report the Recruitment for the Open/Competitive position of Right -of-Way Maintenance Worker (Public Works Department). This recruitment is scheduled to close March 12, 2024.
7. Report the Recruitment for the Closed/ Competitive position of Revenue and Purchasing Manager (Administrative Services Department). This recruitment is scheduled to close March 12, 2024.
8. Report the Recruitment for the Open/Competitive position of Police Assistant (Police Department). This is a continuous recruitment.
Report No. P-2024-4
2 9. Report the Recruitment for the Open/ Competitive position of Police Service Officer (Police Department). This recruitment is scheduled to close April 14, 2024.
10. Report the Recruitment for the Open/Competitive position of Certified Nursing Assistant (Recreation and Human Services Department). This recruitment is open until filled.
11. Report the Recruitment for the Open/Competitive position of Communications Liaison Officer (Elected and City Manager’s Offices). This recruitment is open until filled.
12. Report the Recruitment for the Open/Competitive position of On- Demand (Micro/Paratransit) Operator (Transportation Department). This recruitment is open until filled.
13. Report the Recruitment for the Open/Competitive position of Police Officer/Lateral (Police Department). This is a continuous recruitment.
14. Report the Recruitment for the Open/Competitive position of Police Trainee (Police Department). This is a continuous recruitment.
15. Report the Recruitment for the Open/Competitive position of Recreation Leader I /II (Recreation and Human Services Department). This is a continuous recruitment.
16. Report the Recruitment for the Open/Competitive position of Relief Bus Operator Trainee (Transportation Department). This is a continuous recruitment.
17. Report the Recruitment for the Open/Competitive position of Transit Mechanic (Transportation Department). This recruitment is open until filled.
18. Report the Recruitment for the Open/Competitive position of Transportation Operations Supervisor (Transportation Department). This recruitment is open until filled.
19. Report the Recruitment for the Open/Competitive position of Transit Marketing Coordinator (Transportation Department). This recruitment is open until filled.
20. Report the Recruitment for the Open/Competitive position of Risk Management Analyst (Administrative Services Department). This recruitment is open until filled.
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.H
Section: CONSENT CALENDAR
Meeting Date: March 12, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Acceptance and Notice of Completion for the Local Streets Improvement 2020/2021, 2021/2022, 2022/2023 Project, JN 987/994/514.
CONTACT: PUBLIC 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 the Notice of Completion for the Local Streets Improvements 2020/2021, 2021/2022, 2022/2023 Project at various locations, JN 987/994/514.
This project improved 4.76 miles of various street segments; overlaid approximately 514,000 square feet of asphalt pavement and slurry sealed approximately 542,000 square feet of asphalt pavement. The project also constructed 23 curb ramps, 4,100 linear feet of curb and gutter, 9,000 square feet of sidewalk, 6,500 square feet of cross gutters, and 13 trees were also removed and replanted. Sufficient funds to complete this project were adopted in the fiscal year 2020-2021, 2021-2022 and 2022-2023 budget by the City Council.
FINANCIAL IMPACT/COST:
Amount of Expense:
Design $149,650, Construction $2,261,623.07, Construction Management and Inspection $145,560
Source of Funds:
SB 1 Funds
ATTACHMENTS:
NOC JN 987-994-514.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Mina Semenza, City Clerk
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 9 th day of May , 2023 , the City Council of said City entered into contract with Onyx Paving Company, Inc. whose address is 2890 E. La Cresta Ave. Anaheim, Ca. 92806 for the improvement titled Local Streets Improvement 2020-2023 Project, JN 987, 994, 514 in accordance with City of Gardena Plans and Specifications.
3. That all of the work and improvement was located at Various Locations 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 Feb. 7, 2024 .
5. That the City Council formally accepted this work and improvement on March 12, 2024.
6. That the Surety on the Performance Bond and the Labor and Material Bond of said Contractor under said contract was, and is, the United Fire & Casualty Company whose address is 118 Second Ave. SE Cedar Rapids, Iowa 52401
The undersigned, bei ng first duly sworn, s tates: That he is the duly authorized r epresentative of the City of Gardena, the political subdivision of the State of California which conducted the proceedings for the improvement titled Local Streets Improvement 2020-2023 Project, JN 987, 994, 514 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 2024.
City of Gardena
JESUS DE CASTRO
PLANNING AND ENVIRONMENTAL
QUALITY COMMISSION
Regular PEQC Meeting Notice and Agenda
Website: www.cityofgardena.org
Tuesday, February 20, 2024 – 7:00 PM
1700 W. 162nd Street, Gardena, California
6. PUBLIC HEARING ITEMS
6. A Appeal of Revocation for Site Plan Review #4-15
The Planning Commission considered an appeal request filed by The Tire House business located at 1818 W. Redondo Beach Blvd., regarding the Community Development Director’s Intent to Revoke Approval of Site Plan Review #4-15, pursuant to Gardena Municipal Code Section 18.44.070, discontinuing auto repair facility uses in the General Commercial (C-3) Zone, due to multiple violations of the conditions of approval imposed by the Planning and Environmental Quality Commission on August 26, 2015.
CASE NAME: Appeal of Community Development Director’s Decision to Revoke Site Plan Review #4-15
APPELLANT
NAME: The Tire House, Inc. (dba “The Tire House”)
REPRESENTATIVE: John Mardirossian
PROPERTY
Mr. Der L. Mu / Mr. John MU
OWNERS:
Staff Report for Appeal of Revocation.pdf
Attachment A - Letter and Conditions of Approval for Site Plan Review #4-
15.pdf Attachment B - Notice of Intent to Revoke from Community Development Director.pdf
Attachment C - Appellants Appeal Letter.pdf
Commission Action: The Planning Commission denied the appeal of John Mardirossian for The Tire House, by a vote of 4-1-0, upholding the revocation of the approval of Site Plan Review #4-15 pursuant to Gardena Municipal Code Section
18.44.070, found that the project was exempt from the provisions of CEQA pursuant to Guidelines Section 15321, and directed staff to draft a resolution reflecting the Commission’s denial.
6.B ZONE TEXT AMENDMENT #2-24
The Planning Commission considered a recommendation to City Council for adoption of Ordinance No. 1866, making changes to Gardena Municipal Code to implement the programs set forth in the City’s 6th Cycle 2021-2029 Housing Element and changes required by state law and making findings that finds the Ordinance is exempt from the provisions of CEQA pursuant to CEQA Guidelines section 15061(b)(3)
Staff Report (Housing Programs).pdf
Resolution No. PC. 3-24 (Housing Programs).pdf
Draft Ordinance No.1866.pdf
Commission Action: The Planning Commission approved Resolution No. PC 3-24, by a vote of 5-0-0, recommending to the City Council for the adoption of Ordinance No. 1866, and made findings that adoption of the Ordinance is exempt from CEQA pursuant to Guidelines section 15061(b)(3).
NOTICE OF CANCELLATION
City of Gardena
Planning & Environmental Quality Commission
Notice is hereby given that the regular meeting of the
Planning & Environmental Quality Commission
scheduled for March 5, 2024,
has been canceled.
The next regularly scheduled meeting will be held on
March 19, 2024, at 7 p.m.
Dated this 1st day of March 2024
/s/ MINA SEMENZA
City Clerk
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 13.A
Section: DEPARTMENTAL
ITEMS - COMMUNITY
DEVELOPMENT
Meeting Date: March 12, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
PUBLIC HEARING, ORDINANCE NO. 1865
: Amending Chapter 18.60 of the
Gardena Municipal Code and Sections of 5.08.170, 8.16.030 and 8.16.050 relating to temporary use permits and temporary events permits, and amending Section 5.04.160 and
5.04.278 of Title 5 relating permits and finding the Ordinance is categorically exempt from CEQA pursuant to the common sense exemption set forth in Guidelines section 15061(b)(3) and section 15304 for minor alterations to land; and
RESOLUTION NO. 6659
: Adopting an application fee for Temporary Use and Temporary Event Permits and finding that the fee is exempt under Public Resources Code Section 21080(B)(8) and CEQA Guidelines Section 15273.
COUNCIL ACTION REQUIRED:
Staff Recommendation: Open the public hearing, receive testimony from the public, allow three (3) minutes for each speaker, and close the public hearing.
Staff Recommendation for Motion: Direct staff back to the Planning Commission with updates for Ordinance No. 1865 for their recommendation.
RECOMMENDATION AND STAFF SUMMARY:
City Staff has prepared a draft ordinance that will establish an administrative process to allow temporary uses and temporary events to be held in the City subject to reasonable rules and regulations. The draft ordinance has been prepared to incorporate the new regulations for temporary events into Chapter 18.60, of the City’s Zoning Code, relating to Temporary Uses.
On January 16, 2024, the Planning and Environmental Quality Commission passed a resolution by a 5-0 vote, recommending that the Council adopt Ordinance No. 1865 and make the finding for an exemption from CEQA.
Most recently, on March 5, 2024, staff received an email from the YMCA located at 1000 West Artesia Blvd., who is currently hosting a walk-up food distribution event in conjunction with a local non-profit church. In consideration of this, staff is here to present a recommended update to Ordinance No. 1865. Should the Council approve of this update, staff is requesting to be directed back to the Planning Commission with the updated Ordinance for their recommendation.
Resolution No. 6659 would adopt an application fee for Temporary Use and Temporary Event Permits.
FINANCIAL IMPACT/COST:
Resolution No. 6659 establishes a Temporary Use permit fee of $1,160.50, and a Temporary Event permit fee between $360.00 to $756.00 dependent upon the number of attendees expected for the event. At this time the full financial impact is unknown.
ATTACHMENTS:
Staff Report presented to Planning Commision on January 16th.pdf Planning Commission Resolution No. PC 1-24.pdf
Ordinance No. 1865.pdf
Resolution No. 6659.pdf
Cost Detail Temporary Use Permit.pdf
Cost Detail for Temporary Event Permit.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
CITY OF GARDENA
PLANNING AND ENVIRONMENTAL QUALITY COMMISSION
STAFF REPORT
RESOLUTION NO. PC 1-24
ZTA # 1-24
AGENDA ITEM #6.A
DATE: January 16, 2024
TO: Chair Henderson and Members of the Planning and Environmental Quality Commission
FROM: Greg Tsujiuchi, Community Development Director
PREPARED BY: Jackie Choi, Economic Development Manager
APPLICANT: City of Gardena
LOCATION: Citywide
REQUEST: Recommendation to the City Council on adoption of Ordinance No. 1865 amending the Gardena Municipal Code C hapter 18.60 relating to temporary use permits and temporary events permits and amending Sections 5.08.170, 8.16.030, and 8.16.050 to delete the requirement for a temporary use permit for circuses, carnivals, and fireworks, and amending Section 5. 04.160 of Title 5 relating to permits, and finding the Ordinance to be categorically exempt from the provisions of the California Environmental Quality Act pur suant to Guidelines § 15061(b)(3) and § 15304 as a Minor Alterations to Land.
BACKGROUND
The Community Development Department has received several requests throughout the years to hold special, temporary events by various businesses in the City. The City does not have clear and adequate procedures and regulations to govern such events. The lack of clear and adequate procedures and regulations has created issues for staff as they struggle to review last minute applications without clear direction.
City Staff has prepared a draft ordinance that will establish an administrative process to allow temporary uses and temporary events to be held in the City subject to reasonable rules and regulations . The draft ordinance has been prepared to incorporate the new regulations for temporary events into Chapter 18.60, of the City’s Zoning Code, relating to Temporary Uses.
January 16, 2024
ZTA #1-24
The Planning Commission is being asked to make a recommendation to the City Council for the zone text amendments proposed under Ordinance No. , 1865. The following summarizes the Ordinance.
Ordinance No. 1865
Ordinance No. 1865 will repeal and readopt Chapter 18.60 to address new regulations and establish the procedures for a Temporary Use Permit and Temporary Event Perm it, subject to the review and approval of the Community Development Director.
The following events will be allowed upon approval of a Temporary Use Permit:
• Construction yards. Off-site contractor construction yards including the storage of building materials, in conjunction with an approved construction project within the City limits.
• Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single- family dwelling is in force. In addition, a mobile home may be used as a temporary residence of the property owner when a valid building permit has been issued for the remodel of a single family dwelling and the Building Official has determined that the extent of such remodel would prevent the safe occupancy of the dwelling.
• Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project or other location within 1,250 feet, solely for the first sale of homes. A permit for a temporary real estate office may be approved for up to 1 year.
• Temporary work trailers . A trailer or mobile home as a temporary work site for employees of a business.
In addition to the new provisions for each type of temporary use, the ordinance will eliminate the requirement for the need of a Temporary Use Permit for circuses and carnivals and fireworks stands, as each of these events require a separate permit process of their own.
The following events will be allowed upon approval of a Temporary Event Permit:
• Grand Opening. For businesses looking to identify the opening of a new location, the change of ownership for an existing business, or the change of name for an existing business.
• Special Events. Such as festivals, car shows, and swap meets. • Outdoor Events. Events related to an existing business with temporary outdoor sale of merchandise in any commercial or industrial zoning district. • Farmers Markets. For both certified and noncertified Farmer’s Markets.
January 16, 2024
ZTA #1-24
• Seasonal sales lots. Such as pumpkin patches and Christmas tree lots.
The following table summarizes the maximum number of days per event and maximum number of similar events per each type. In addition to the maximum number events allowed for each type, each property address would be subject to a total maximum of 12 temporary events of any kind to take place within a 12 month period.
Table 1 – Temporary Event
Temporary Event Type Maximum Number of Days
Per Event
Maximum Number of
Similar Events per 12
month period
Grand Opening 4 days 2 per business address
Special event 4 days No maximum
Outdoor sales events 4 days per event – with a
maximum of four outdoor
sales event in a 12 month
period
4 Certified Farmer’s
Market
2 days a week, need not be
consecutive
No maximum
Non-certified Farmer’s
Market
3 days 4
Seasonal sales lots –
pumpkin patches and
Christmas Trees
45 days each Limited to September 15
through December 31 of
each calendar year
ENVIRONMENTAL REVIEW
This zone text amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption set forth in Guidelines section 15061(b)(3) that CEQA only applies to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity will have a significant effect, the activity is not subject to CEQA. Additionally, the ordinance is exempt pursuant to Guidelines section 15304 as a Minor Alteration to Land.
NOTICE
The public hearing notice was published in the Gardena Valley News on January 4, 2024 (Attachment B). A copy of Proof of Publication and Affidavit of Mailing are on file in the office of the Community Development Department Room 101, City Hall and are considered part of the record.
January 16, 2024
ZTA #1-24
RECOMMENDATION
Staff recommends the Planning and Environmental Quality Commission to:
1) Conduct the public hearing;
2) Receive testimony from the public; and
3) Adopt Resolution No. PC 1-24 recommending that the City Council adopt Ordinance No. 1865.
ATTACHMENTS
A – Planning Commission Resolution No. PC #1-24
Exhibit A – Draft Ordinance No. 1865
B – Public Hearing Notice
1 ORDINANCE NO. 1865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA AMENDING CHAP TER 18.60 OF THE GARDENA
MUNICIPAL CODE AND SECTIONS 5.08.170, 8. 16.030 AND 8.16.050
RELATING TO TEMPORARY USE PERMITS AND TEMPORARY EVENT
PERMITS, AND AMENDING SECTION 5.04.160 AND 5.04.278 OF TITLE 5 RELATING TO PERMITS AND FI NDING THAT THE ORDINANCE IS
CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO CEQA
GUIDELINES SECTIONS 15061(b)(3) (COMMON SENSE EXEMPTION) and 15304 (MINOR ALTERATIONS TO LAND)
WHEREAS, the City of Gardena has received requests to hold special, temporary events by various businesses in the City; and
WHEREAS, the City does not have clea r and adequate procedures and regulations to govern such events; and
WHEREAS, the lack of clear and adequate procedures and regulations has created issues for staff as they struggle to review last minute applic ations without clear direction; and
WHEREAS, the City Council desires to allo w temporary uses and temporary events to be held in the City subject to reasonable rules and regulations; and WHEREAS, the City Council has the power to adopt such rules and regulations pursuant to Article XI, section 7 of the California Constitution; and WHEREAS, the Planning Commission of the City of Gardena held a duly, noticed public hearing on this matter on January 16, 2024, at which time it considered all evidence presented, both written and oral after which it adopted Planning Commission Resolution No. 1-24 recommending that the City Council adopt Ordinance No. 1865; and WHEREAS, the City Council of the City of Gardena held a duly noticed public hearing on this matter on March 12, 2024 at which time it considered all evidence presented, both written and oral;
NOW, THEREFORE, the City Council of the City of Gardena does hereby ordain as follows:
SECTION 1. Chapter 18.60 of the Gardena Municipal Code is hereby repealed and a new Chapter 18.60 is hereby added to read as follows:
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 2 CHAPTER 18.60
TEMPORARY USE AND TEMPORARY EVENT PERMITS
FOR PRIVATE PROPERTY
18.60.010 Intent and purpose.
A. The intent of this chapt er is to provide a process for reviewing and acting upon proposed temporary uses and temporary events at specific locations that would otherwise be inappropriate as classified uses on a permanent basis. A temporary use permit or temporary event permit allows short-term ac tivities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of the temporary nature. It is further the intent to avoid incompatibility between such temporary activities and the surrounding areas by regulating such activities so as to prevent or mitigate adverse effe cts associated with or resulting from such temporary uses.
B. Temporary use and temporary event permits are in addition to any other required city approvals, licenses, and inspections required by applicable laws or regulations.
18.60.020 Definitions.
“Temporary activity” shall mean both “temporary uses” and “temporary events.”
“Temporary event” shall mean an event of a limited duration.
“Temporary use” shall mean the use of a property that is not meant to be permanent in nature, but may be approved for a period of up to one year.
18.60.030 Allowed Temporary Uses and Temporary Events.
The temporary activities set forth in this Chapter may be allowed, subject to the issuance of a temporary use or temporary event permit by the Director. Conditions may be imposed on these permits to ensure compliance with the required findings se t forth in Section
18.60.080. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property.
18.60.040 Temporary Uses
A. The following temporary uses ma y be allowed upon approval of a temporary use permit issued by the Community Development Director.
1. Construction yards. Off-site contractor cons truction yards including the storage of building materials, in conjunction with an approved construction project within the City limits. The permit shall expire upon completion of the construction DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 3 project or the expiration of the co mpanion building permit authorizing the construction project.
2. Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. In addition, a mobile home may be used as a temporary residence of the property owner when a valid building permit has been issued for the remodel of a single family dwelling and the Building Official has determined that the extent of such remodel would prevent the safe occupancy of the dwe lling. The Temporary Use Permit may be approved for up to 1 year, or upon expiration of the building permit, whichever occurs first.
3. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project or other location within 1,250 feet, solely for the first sale of homes. A permit for a temporary real estate office may be approved for up to 1 year.
4. Temporary work trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed:
a. During construction or re modeling of a permanent commercial or industrial structure, when a valid building permit is in force up to 1 year, or upon expiration of the building permit, whichever occurs first; or b. For a temporary office occ upied only by employees of a business or manufacturer conducting business on pr operty not normally open to the general public for up to 1 year;
c. Upon demonstration by t he applicant that this temporary work site is a short-term necessity while a permanent work site is being obtained for up to 1 year.
5. Similar temporary uses. Similar temporary uses t hat, in the opinion of the Director, are compatible with the zoning district and surrounding land uses.
B. When a request for an extension of time within which to comply with any requirement or condition imposed pursuant to t he provisions of this chapter is filed for approval, a fee in an amount established by city council resolution shall be paid for the purpose of defraying the costs incidental to the processing of such request.
18.60.050 Temporary Events
A. Temporary Events. T he following events may be allowed upon approval of a temporary event permit by t he Community Development Director and as summarized in Table 18.60-1 below:
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 4 1. Grand opening. An event which involves activities outside of the normal business activities, to identify the opening of a new business, the change of ownership for an existing business, or the change of name for an existing business. a. A grand opening event may last for up to four days.
b. No more than two grand openings shall be allowed per business address in a 12 month period.
c. An event does not include minimal activities such as putting up a temporary banner or having a ribbon cutting ceremony.
2. Special event. A temporary event for the use of a premise for an activity that is unrelated to or exceeds the scope of the bus iness licensed and approved for such premises. Special events may be indoors or outdoors and include swap meets, fairs, festivals, flea markets, car shows, and auto dealer sales events.
Special events shall be subject to the following:
a. A special event may last up to four days.
b. The applicant for the event shall be responsible for payment of all business license fees to the City in accordance with Title 5 of this Code and shall comply with the California Department of Tax and Fee Administration relating to Operators of Swap Meets, Flea Markets, or Special Events. c. No special event may include servic es of any type that requires a state license or certificate unless the person performing such services has a copy of the required license or certificate and a government issued identification on their person at all times services are being provided.
3. Outdoor sales events. Unless exempt pursuant to Section 18.60.100, temporary events related to an existing business with temporar y outdoor sale of merchandise in any commercial or industrial zoning district, in compliance with the following provisions:
a. The merchandise displayed shall be that customarily sold at the business premises;
b. The site is used for a permanent ly established business holding a valid business tax certificate as required; and
c. Such events may take place four times in a twelve month period for up to four days per event.
4. Farmer’s Markets. Both certified and noncertified Farmer’s Markets may be permitted in compliance with the following provisions:
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 5 a. The applicant for the event shall be responsible for payment of all business license fees to the City in accordance with Title 5 of this Code and shall comply with the California Department of Tax and Fee Administration relating to Operators of Swap Meets, Flea Markets, or Special Events. b. A certified Farmer’s Market sha ll be authorized by the County of Los Angeles Agricultural Commissioner and sponsored by a non-profit organization or a local governmental entity. Certified Farmer’s Markets may operate twice a week throughout each calendar year.
c. A noncertified Farmer’s Market may operate four times a year for up to three days for each event.
5. Seasonal sales lots. Seasonal sales activities for pumpkin patches and Christmas tree lots, including temporar y security trailers, on nonresidential properties, in compliance with the following:
a. Sales activity shall only ta ke place between September 15 and December 31.
b. The sales activity may be appr oved for a maximum of 45 days. c. An applicant may apply for a permi t for both a pumpkin patch and a Christmas tree lot at the same time.
6. Similar temporary events. Similar temporary events that, in the opinion of the Director, are compatible with the zoning district and surrounding land uses.
Table 18.60-1 - Temporary Event Table
Temporary Event Type Maximum Number of Days
Per Event
Maximum Number of
Similar Events per 12
month period
Grand Opening 4 days 2 per business address
Special event 4 days 12
Outdoor sales events 4 days per event – with a
maximum of four outdoor sales
event in a 12 month period
4 Certified Farmer’s Market 2 days a week, need not be
consecutive
No maximum
Non-certified Farmer’s
Market
3 days 4
Seasonal sales lots – pumpkin
patches and Christmas Trees
45 days each Limited to September 15
through December 31 of each
calendar year
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 6 B. Except for certified farmer’s markets, in no event may more than 12 temporary events of any combination take place at any property address in a 12 month period.
C. Alcohol sales and service may be allo wed where the applicant has obtained the required permit from the Department of Alcoholic Beverage Control by the time of the event.
D. Food and drink sales and service may be allowed provided they are served in compliance with applicable laws, including required permits for sale or distribution of food and drinks.
18.60.060 Application.
A. An application for both a temporary use permit or temporary event permit shall be filed by the owner, lessee or other person having the right to the possession of the land for which the permit is sought. At a minimum, the application for either of these permits shall contain the following information:
1. The name, address, phone number and e-mail address of the applicant;
2. Evidence in the form of an o fficial or governmental agency issued document or identification card that the applicant is eighteen (18) years of age or older or in instances involving alcohol sales twenty-one (21) years of age or older;
3. Property owner authorization along with t he name, residence address, email address, and telephone number of th e property owner on whose property the temporary activity will take place;
4. The pr oposed dates of the temporary activity;
5. A plot plan drawn to scale and whic h designates all land uses on the property, the location of the proposed temporary activity/facility, utility connections, yards, off-street parking, and other info rmation which the planning division may require; and
6. Any supplemental informati on deemed necessary by the Director to determine whether the application should be granted, conditioned or denied.
B. Applications for temporary events shall include the following additional information:
1. A detailed descripti on indicating all components of the temporary activity such as rides, entertainment, amplified music, canopies, tents, inflatable devices, jump tents, temporary banners, displays and sales, portable toilets;
2. A parking plan which may include o ff-site parking locations, shuttles, and valet parking;
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 7 3. Expected number of attendees;
4. The daily hours of the temporary activity;
5. Additional dates needed for set-up and tear down.
C. Filing Fees. The applicant shall pay a filing fee established by City Council resolution to defray the costs incurred by the city in processing the temporary use permit application.
D. Indemnification. The app licant shall be required to sign an indemnification and/or hold harmless agreement with the city.
E. Timing of Application. A pplications which are filed within the following time frames shall be acted upon by the Director at least one day before the scheduled event.
1. Applications for temporary uses, filed a minimum of 21 business days before the desired start date.
2. Applications for temporary events filed a minimum of 10 business days before the desired start date.
F. No application shall be accepted and pr ocessed unless all of the required information is provided and completed, as required by this chapter.
18.60.070 Director’s Decision.
A. The Director shall review the applicat ion, consult with those departments of the city which might have an interest in or juri sdiction over some aspect of the proposed temporary use, and make any necessary investigation.
B. After review and consultation, the Director shall approve, conditionally approve, or deny the application for the temporary use or temporary event permit.
C. In approving an applicati on, the Director may impose such conditions as deemed necessary to protect the public health, safety and welfare in order to make the required findings set forth in Section 18.60.080. Such conditions may involve any pertinent factors affecting the operation of such temporary activity. In addition to such other conditions as the Director may impose, it s hall also be deemed a condition of every temporary use or temporary event permit, whether such condition is set forth in the permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of any permanent building, structure or facility.
1. Conditions may be imposed to require the provision of the following, which is not meant to be an all-inclusive list:
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 8 a. Sanitary and medical facilities;
b. Security and safety measures;
c. Solid waste collection and disposal.
2. Conditions may be imposed to regulate the following, which is not meant to be an all-inclusive list:
a. Nuisance factors;
b. Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested;
c. Temporary signs;
d. Temporary structures and facilities, including height, placement, and size, and the location of equipment and open areas.
3. All permits shall be conditioned to pr ovide that the site shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and to require t hat the temporary activity be removed and the site restored as necessary to ensure that no changes to the site will occur.
18.60.080 Findings.
The following findings shall be made in order for the Director to approve a temporary use or temporary event permit:
A. T he proposed site is adequate in size and shape to accommodate such temporary activity without material detriment to the use, enjoyment or valuatio n of the property of other persons located in the vicinity of the site;
B. S ufficient off-street parking spaces, which may include off-site locations, shuttles, or valet parking, are provided;
C. T he proposed site is adequately served by st reets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary activity will or could reasonably generate;
D. The proposed activity will not interfere with any other te mporary activity for which a permit has already been approved or with the pr ovision of City services in support of other scheduled activities;
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 9 E. The use or event will comply with all applicable provisions of local, state and federal laws and regulations.
F. The proposed activity will not be detri mental to the public peace, health, safety or welfare;
G. None of the grounds set fort h in Section 18.60.090 exist.
18.60.090 Grounds for Denial.
An application shall be denied if any of the following grounds exist:
A. The information contained in the appl ication or supplemental information requested from the applicant is found to be materially fals e, or such information is incomplete;
B. The applicant or the person or ent ity on whose behalf the application for the permit was made has failed to conduct a previously authorized activity in accordance with the law or the terms of the permit, or both;
C. The applicant or t he person or entity on whose beh alf the application for permit was made, has outstanding and unpaid debts to the City; D. The applicant fails to complete the indemnification and hold harmless requirements as prescribed by this chapter; or
E. Where conditions of a previous temporary use or tempor ary event permit issued to the applicant were violated, or where any City ordinance, rule or regulation was violated within the past twenty-four months.
18.60.100 Exemptions.
A. The following temporary activities shall be exempt from the provisions of this chapter:
1. Circuses and carnivals;
2. Fireworks stands;
3. Garage sales;
4. On-site contractor’s construction ya rds, in conjunction with an approved construction project. The activity shall cease upon completion of the construction project, or the expiration of the building permit authorizing the construction project; DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 10 5. Promotional activities related to the primary product lines of a retail business, and similar activities (e.g., book readings and signings at book stores, opening receptions at art galleries); and
6. Any other use or event which requir es a separate permit from the City.
B. This chapter shall also not apply to the outdoor display of merchandise located within 10 feet of the main stru cture provided that the total di splay area is not located in any parking space, does not interfere wit h required pedestrian access, and does not create a public safety issue.
18.60.110 Revocation of permits.
A. The Director may revoke or suspend, in whole or in part, a temporary event or temporary use permit at any time if the Director finds: (1) the activity constitutes a public nuisance or disturbs the peace; (2) the activity is injurious to the public peace, health, safety or welfare; (3) the activity is conduc ted contrary to the pe rmit, permit conditions, any State or City law or rules and regulati ons adopted by the City Council or the City Manager, or Director governing special events; (4) the applicant, or his or her agent(s) or representatives, has willfully made false or misleading statem ents in the application or any other document required pursuant to this chapter.
B. Revocation or suspension shall become effective immediately upon delivery of a written notice to the person in immediate charge of the activity or portion thereof affected by such act. The notice of such revocati on or suspension shall specify the reasons therefor. The Director may, for good cause, cancel and make null and void any revocation or suspension action, or written notice ordering the same, but in all cases he or she shall promptly take such steps as are necessary to inform appropriate City officials of the action taken, and of the reason or reasons therefor.
C. Upon revocation or suspension of a temporary use or temporary event permit, the permittee and any parties under the permittee’s control shall immediately cease operation of the activities subject to revocation or suspension. In the event that the permit is suspended, the permittee may resume operation once the suspension period has expired or canceled.
18.60.120 Appeals.
A. Any person or body, public or private, may appeal the decision of the Director to the City Manager. Such appeal shall be filed with the pl anning division within ten days after the date of the decision of the Director. Upon the receipt of such an appeal, the City Manager or the City M anager’s designee shall hold a hear ing no later than the third business day after the filing of the appeal, and will render a written decision no later than DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 11 the next business day after hearing the appeal. The City Manager’s decision is final. The written decision of the City Manager shall be served upon the applicant or permittee.
B. A fee shall be paid at the time of the filing of the notice of appeal.
18.60.130 Unlawful to use City name without authorization.
It is unlawful for any applicant to use in th e title of the event the words “The City of Gardena” or “City of Gardena” in a manner that can be reas onably interpreted to imply that the event is sponsored or endorsed by the City or to use the facsimile of the seal or logo of the City of Gardena without the City’s written authorization.
SECTION 2. Section 5.04.160.A of the Gardena Municipal Code relating to permit procedures is hereby amended to read as follows:
A. Application of Section. No person s hall engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on in any location within the city, a business or occupation for which a permit is required, without first having obtained the required permit in addition to the businesses license. No business license shall be issued for any business for which a permit is required pursuant to this Title until the permit is obtained. The procedures set forth in subsections B through L of this section shall apply to any business or occupation for which permit approval by the community development director or the city council is required under this Title , unless a more specific permit application procedure applies.
SECTION 3. Section 5.04.278 of the Gardena M unicipal Code relating to annual and periodic events is hereby amended to read as follows:
5.04.278 Annual/periodic events.
A. Notwithstanding Section 5.04.275 above, in the case of periodic events which occur more than once a year but which do not take place on a regular daily basis, the sponsor of the event may obtain a license and any permit required by Chapter 18.60 for all approved vendors included in the event and pay a fee for the business license based upon gross receipts pursuant to Section 5.08.510 of this code.
1. The procedure set forth in th is subsection may only be used for events in which the sales from all individual vendors are handled by the sponsor of the event so that the sponsor may accu rately account for the gross receipts upon which the fee(s) is based.
2. When the license is issued to a sponsor in accordance with this subsection, all individual vendors shall be conclusively presumed to be DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 12 exempt from the requi rement of obtaining a separate business license pursuant to the provisions of this title, for the purposes of the event.
3. If an individual vendor is exempt from the requirements pursuant to this title, the sponsor shall pay t he fee based upon the gross receipts of those vendors who are not exempt. An individual vendor is not exempt from the provisions of this subsection, based on the fact that such vendor has a license or permit for a business elsewhere in the city.
B. Notwithstanding Section 5.04.275 above, in the case of annual events, the sponsor of the event may obtain a license or permit in accordance with this code for all approved vendors included in the event.
1. This method of certification may only be used for events which take place once a year, regardless of the number of days in the event.
2. When the license is issued to a sponsor in accordance with this subsection, all individual vendors shall be conclusively presumed to be exempt from the requi rement of obtaining a separate business license pursuant to the provisions of this title for the purpose of conducting a business or activity at the event.
SECTION 4. Section 5.08.170.B of the Gardena Municipal Code relating to circuses and carnivals is hereby amended to read as follows:
B. Permit Required. Prior to operating any circus or carnival, a permit shall first be obtained from the City Council in accordance with the provisions of Section 5.04.160 of this Code. The application shall be filed no later than thirty-five days prior to the scheduled event. No backg round check shall be required of the applicant. A list of all empl oyees and their date of birth shall accompany the application. Additionally, a temporary use pe rmit shall be required pursuant to Chapter 18.60 of this Code for any circus or carnival which lasts more than three days.
SECTION 5. Section 8.16.030.D of the Gardena M unicipal Code relating to firework stands is hereby deleted.
D. [repealed] At the time of filing the application for a permit to sell fireworks, pursuant to subsection C of this secti on, the fireworks di stributor (“company”) involved with the applicant must simultaneo usly file an application for temporary use permit (TUP), and pay the requisite fees.
SECTION 6. Section 8.16.050 of the Gardena Municipal Code relating to firework stands is hereby amended to read as follows:
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 13 8.16.050 Permit applications – Notice of acceptance or rejection.
Applicants for any such permits shall be notified by the community development director, or their designee, by May 15th of the granting or rejection of such applications for fireworks stand and Temporary Use Permits.
SECTION 7. Findings. In approving the changes to the Gardena Municipal Code set forth above, the City Council finds that adoption of this Ordinance is required for the public necessity, convenience, general welfare and good land use and zoning practices. This Ordinance will provide rules and regulations for processing temporary activities and allow the city to impose conditions for the protection of the public health, safety and welfare.
SECTION 8. CEQA. Adoption of this Ordinanc e is exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3) where it can be seen that the project will not have any possibility of creating significant effe cts on the environment. The ordinance does not authorize any development and is merely sets forth policy and procedures. Moreover, CEQA Guidelines section 15304 allows minors alterations to land, including temporary uses having negligible and no permanent effects.
SECTION 9. Severability. If any section, su bsection, subdivision, paragraph, sentence, clause or phrase of this ordi nance, 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, subsection, subdivision, paragr aph, 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.
SECTION 10. Effective Date. This Ordinance shall take effect on the thirty-first day after passage.
SECTION 11. 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.
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6 14 PASSED, APPROVED AND ADOPTED this 26th day of March, 2024.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: BBD810E8-3956-42AD-904E-B1A39A06D9E6
RESOLUTION NO. 6659
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA,
CALIFORNIA, ADOPTING AN APPLICATION FEE FOR TEMPORARY
USE AND TEMPORARY EVENT PERMITS AND FINDING THAT THE
FEE IS EXEMPT UNDER PUBLIC RESOURCES CODE SECTION
21080(B)(8) AND CEQA GUIDELINES SECTION 15273
.
WHEREAS, the City of Gardena City Council has introduced Ordinance No. 1835 to amend the provisions on Temporary Use Permits; and
WHEREAS, Section 18.16.060 of Ordinance No. 1865 provides that applications for Temporary Use Permits and Temporary Event Per mits shall be accommodated by a fee in an amount established by resolution of the City Council; and
WHEREAS, Government Code Section 66014 provides that when a local agency charges fees for filing and processing applications for planning services or under any other authority, those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, and such fees may include the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations; and
WHEREAS, the City Council has determined that the cost of staff time for processing these permit applications should be borne by the applicants rather than the citizenry-at-large; and
WHEREAS, on March 12, 2024, the City Council held a duly noticed public hearing on the fees that are the subject of this Resolution, which hearing was noticed in accordance with Government Code section 6062(a);
NOW, THEREFORE, THE CITY COUNCIL OF THE C ITY OF GARDENA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council has determined that Temporary Use Permit fees imposed under Ordinance No. 1865 of the Gardena Municipal Code shall each be $1,160.50. This fee supersedes the Temporary Use Permit fee set forth in Resolution No. 6386.
SECTION 2. The City Council has determined that Temporary Event Permit fees imposed under Ordinance No. 1865 of the Gardena Municipal Code shall be as follows:
• $360 Small Events with 1-99 attendees
• $447 Medium Events with100-299 attendees
• $756 Large Events with 300 more attendees
SECTION 3. The City Council finds that all of the Whereas Clauses set forth above are true and correct. The City Council further finds that the fees do not exceed the cost of providing the services for which the fees are charged.
DocuSign Envelope ID: 429EF2D5-004F-4D88-A567-46E262C83E9B Resolution No. 6650
3 SECTION 4. CEQA. The establishment of these fees are statutorily exempt from the requirements of CEQA because setting these fees fit within the exemptions for local agency decisions involving rates, tolls, or other charges as specified by Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273.
SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Resolution, or any part hereof, including any specific fee, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution or any part thereof, including any other fee. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, phrase or fee, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or fees be declared invalid or unconstitutional.
SECTION 6. CITY CLERK. 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.
SECTION 7. EFFECTIVE. The Temporary Use Permit fee shall be effective immediately.
The Temporary Event Permit fees shall not be effective until such time as Ordinance No. 1865 takes effect.
Passed, approved, and adopted this 12th day of March, 2024.
_______________________________
TASHA CERDA, Mayor
ATTEST:
________________________________
MINA SEMENZA
City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: 429EF2D5-004F-4D88-A567-46E262C83E9B
January 3, 2024
CITY OF GARDENA
FY 2022/23
COST DETAIL WORKSHEET
SERVICE
TEMPORARY USE PERMIT T-676
10 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING/BUILDING GENERAL BUILDING INSPECTO 2.00 $236.12 10 $2,361 PLANNING/BUILDING PLANNING ASSOC/ASST 3.00 $348.27 10 $3,483 PLANNING/BUILDING SR PLANNER 0.50 $65.35 10 $654 POLICE SUPPORT POLICE CHIEF 0.50 $218.67 10 $2,187 POLICE SUPPORT POLICE LIEUTENANT 1.00 $292.13 10 $2,921 $11,605 $1,160.54 7.00TYPE SUBTOTAL
$11,605 7.00TOTALS $1,160.50
January 3, 2024
CITY OF GARDENA
FY 2022/23
COST DETAIL WORKSHEET
SERVICE
TEMPORARY EVENT PERMIT- PRIV. PROP. T-676A
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PERMITS AND LICENSESPERMIT/LICENSING TECH I/I Small 1.50 $152.75 1 $153 PLANNING/BUILDING COMM DEV DIRECTOR Small 0.25 $58.09 1 $58 PLANNING/BUILDING PLANNING ASSOC/ASST Small 0.50 $58.05 1 $58 PLANNING/BUILDING SR PLANNER Small 0.25 $32.67 1 $33 POLICE OPERATIONS POLICE SERGEANT Small 0.26 $58.32 1 $58 $360 $359.882.76TYPE SUBTOTAL
PERMITS AND LICENSESPERMIT/LICENSING TECH I/I Medium 1.50 $152.75 1 $153 PLANNING/BUILDING COMM DEV DIRECTOR Medium 0.50 $116.19 1 $116 PLANNING/BUILDING PLANNING ASSOC/ASST Medium 0.75 $87.07 1 $87 PLANNING/BUILDING SR PLANNER Medium 0.25 $32.67 1 $33 POLICE OPERATIONS POLICE SERGEANT Medium 0.26 $58.32 1 $58 $447 $447.003.26TYPE SUBTOTAL
PERMITS AND LICENSESPERMIT/LICENSING TECH I/I Large 1.50 $152.75 1 $153 PLANNING/BUILDING COMM DEV DIRECTOR Large 1.00 $232.37 1 $232 PLANNING/BUILDING PLANNING ASSOC/ASST Large 1.00 $116.09 1 $116 PLANNING/BUILDING SR PLANNER Large 1.50 $196.04 1 $196 POLICE OPERATIONS POLICE SERGEANT Large 0.26 $58.32 1 $58 $756 $755.575.26TYPE SUBTOTAL
$1,562 11.28TOTALS $1,562.00
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 13.B
Section: DEPARTMENTAL
ITEMS - COMMUNITY
DEVELOPMENT
Meeting Date: March 12, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
PUBLIC HEARING, ORDINANCE NO. 1866
: Amending the Gardena
Municipal Code to implement the programs set forth in the City’s 6th Cycle 2021-2029 Housing Element and changes required by State law and making findings that adoption of the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).
COUNCIL ACTION REQUIRED:
Staff Recommendation: Open the public hearing, receive testimony from the public, allow three (3) minutes for each speaker, and close the public hearing.
Staff Recommendation for Motion: Introduce Ordinance No. 1866 including making the findings for a CEQA exemption pursuant to CEQA Guidelines section 15061(b)(3).
RECOMMENDATION AND STAFF SUMMARY:
As part of the he 2021-2029 Housing Element, the City committed to programs which require that changes be made to its Municipal Code as required by State law and as set forth by State's Department of Housing and Community Development.
On February 20, 2024, the City's Planning Commission adopted a resolution by a 5-0 vote recommending the City Council adopt Ordinance No. 1866. The staff report presented to the Planning Commission is attached and provides a summary of the changes proposed in the ordinance, including the reasoning for each change.
FINANCIAL IMPACT/COST:
None.
ATTACHMENTS:
Agenda Staff Report.pdf
Attachment A - Planning Commission Resolution No. PC 3-24.pdf Ordinance No. 1866 (Housing Programs).pdf
Attachment B - Planning Commission Staff Report (Housing Programs).pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
City Council Meeting
AGENDA TITLE:
PUBLIC HEARING, ORDINANCE NO. 1866: Amending the Gardena Municipal Code to implement the programs set forth in the City’s 6th Cycle 2021-2029 Housing Element and changes required by state law and making findings that adoption of the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).
RECOMMENDATION:
Staff Recommendation: Open the public hearing, receive testimony from the public, and close the public hearing.
Staff Recommendation for Motion: Introduce Ordinance No. 1866 including making the findings for a CEQA exemption pursuant to CEQA Guidelines section 15061(b)(3).
BACKGROUND
In February 2023, the City Council adopted the City’s 6 th Cycle Housing Element for the
2021-2029 period, which was officially approved by the State's Department of Housing and Community Development (HCD). As part of the Housing Element, the City committed to programs which require that changes be made to the Municipal Code as required by State law and as set forth by HCD.
On February 20, 2024, the Planning Commission held a public hearing to consider a recommendation to the City Council on the adoption Ordinance No. 1866 amending various Titles of the Gardena Municipal Code, including Title 18, the Zoning Code, relating to the changes required under the City's 6th Cycle Housing Element programs for housing replacement, emergency shelters, and employee housing, in addition to other changes required under State law. At the close of the hearing the Commission passed Resolution
AGENDA STAFF REPORT
No. PC 3 -24 (Attachment A) by a 5- 0 vote, recommending approval of Ordnance No. 1866.
ANALYSIS
The staff report presented to the Planning Commission on February 20, 2024 , and attached here (Attachment B), provides a summary of the changes proposed in Ordinance No. 1866, including the reasoning for each change.
CEQA
The zone text amendment under Ordinance No. 1866 is exempt from the provisions of the California Environmental Quality Act (CEQA) as the ordinance would have no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (CEQA Guidelines § 15378(a).) The ordinance implements the requirements of State law and the programs required by the City’s 6 th Cycle Housing
Element. In addition to not qualifying as a project, the Ordinance falls within the “common sense” exemption set forth in CEQA Guidelines section 15061(b)(3) which exempts activities where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This Ordinance will not have a significant effect as it implements what is already required by State law and will not result in any development or activity with the potential to impact the environment.
FISCAL REVIEW/COST
None.
IN CONCLUSION, Staff respectfully recommends that the Council first open the public hearing, receive testimony from the public, and close the public hearing. Then staff recommends that the following motion be made by the City Council:
Staff Recommendation for Motion: Introduce Ordinance No. 1866 including making the findings for a CEQA exemption pursuant to CEQA Guidelines section 15061(b)(3).
Submitted by: Amanda Acuna Date: March 5, 2024
ATTACHMENTS
A – Planning Commission Resolution Recommending Approval of Ordinance No. 1866 o Ordinance No. 1866
B – Staff Report presented to Planning Commission, dated February 20, 2024
Henderson, Langley, Sherman, Kanhan, Wright-Scherr
1 ORDINANCE NO. 1866
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA AMENDING TITLE 2, TITLE 14, AND
TITLE 18 OF THE GARDENA M UNICIPAL CODE RELATING TO
CHANGES REQUIRED BY 6 TH CYCLE 2021-2029 HOUSING
ELEMENT PROGRAMS FOR HOUSING REPLACEMENT,
EMERGENCY SHELTERS, AND EMPLOYEE HOUSING AND
CHANGES REQUIRED BY ST ATE LAW AND FINDING THE
ADOPTION TO BE EXEMPT FROM CEQA PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3)
WHEREAS, on February 15, 2023 the City Council approved the City’s 6 th Cycle
2021-2029 Housing Element (“Housing Element”); and
WHEREAS, the Housing Element included a num ber of programs which require the City to make changes to its Zoning Code; and
WHEREAS, in addition to amending the Zoning Code to address the programs listed in the Housing Element, it is also necessary to amend the Zoning Code to address recent changes to state law; and
WHEREAS, at a duly noticed meet ing held on February 20, 2024, the Planning Commission of the City of Ga rdena held a duly noticed public hearing on this matter, at which time it considered all evidence presented, both written and oral; and WHEREAS, at the close of the public heari ng the Planning Commission adopted a resolution recommending that the City Counc il adopt this Ordinance and City staff file a Notice of Exemption; and
WHEREAS, at a duly noticed meeting held on March 12, 2024, the City Council of the City of Gardena held a duly noticed public hearing on this matter, at which time it considered all evidence presented, both written and oral;
NOW, THEREFORE, THE CITY COUNCIL OF TH E CITY OF GARDENA, CALIFORNIA, DOES HEREBY ORDAIN, AS FOLLOWS:
SECTION 1. Findings.
A. The foregoing recitals are true and correct.
B. The adoption of the changes to Title 18 are consistent with the City’s General Plan.
More specifically, these changes implement changes required by the Housing Element and are compliant with state law.
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 2 C. The changes set forth her ein represent good land use practices which are required by the public necessity, convenience and the general welfare.
BEGINNING OF TEXT AMENDMENTS
TITLE 2 – ADMINISTRATION AND PERSONNEL
SECTION 2. Section 2.32.020 of the Gardena M unicipal Code is hereby amended to read as follows:
2.32.020 Membership.
The Gardena Housing Commission shall consist of five members. Each councilmember shall nominate one member who shall be appointed by the mayor subject to ratification by the council. All members shall be residents of the city, and at least two members shall be tenants of property owned or operated by the Gardena hous ing authority. One such tenant member shall be over sixty-two years of age if the authority has tenants over such age. At least one member shall be appointed from a census tract identified as disadvantaged in accordance with Government Code section 65302.
SECTION 3. Section 2.40.020 of the Gardena Municipal Code is hereby amended to read as follows:
2.40.020 Membership.
A. The planning and environm ental quality commission shall consist of five members who shall be designated respectively as commissioner Nos. 1, 2, 3, 4 and 5. The mayor and each councilmember shall have the right to nominate a commissioner from the citizens at large, and such nominations shall be honored by ratification and confirmation by a majority vote of the membership of the council. Each appointee shall be:
1. A resident of the city for the period of one year immediately preceding appointment; and
2. A registered elector of the city for the period of one year immediately preceding appointment.
B. Officials of the city sha ll not be eligible to appointm ent as commissioners, except as may be provided in this chapter for ex officio officers.
C. At least one member of the commission shall be appointed from a census tract identified as disadvantaged in accordance with Government Code section 65302.
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 3 CHAPTER 14.04 – RESIDENTIAL RENT MEDIATION AND HEARINGS SECTION 4. Section 14.04.050A of the Gardena Municipal Code is hereby amended to read as follows; all other provisions of the section remain the same:
14.04.050 Qualifications.
A. All tenant members sha ll be tenants of residential rent al property within the city, and neither the tenant member, spouse, nor dependents shall have any financial interest in residential income-producing property ei ther in the city or elsewhere. At least one member shall be appointed from a census tract identified as disadvantaged in accordance with Government Code section 65302.
CHAPTER 18.04 - DEFINITIONS
SECTION 5. Chapter 18.04 is amended by adding and amending the following definitions to read as follows:
“Family” means an individual or two or more persons related by blood, marriage or adoption or a group not relat ed by blood or marriage, living together in a dwelling unit where the residents may share living expenses, chores, eat meals together, have a close social, economic, and psychological commitments to each other, and who have common access to and common use of living, eating, and kitchen areas; common access to private bedrooms is not required. as a single housekeeping unit in a dwelling unit Family does not include institutional group living situations such as, not including a dormitory, sorority, fraternity, club or group of persons occupying a hotel, lodging house , or institution, or other commercial group living arrangements.
“Supportive housing” means housing with no limit on length of st ay that is occupied by the target population as defined in Health and Safety Code Section 50675.14 and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
“Supportive services” include, but are not limited to, a combinat ion of subsidized, permanent housing, intensive case managemen t, medical and mental health care, substance abuse treatment, employments services, and benefits advocacy.
“Unlicensed group homes” shall mean hous ing shared by unrelated persons with disabilities who provide peer and other support for the residents’ disability-related needs; supportive services that do not require stat e licensure may be provided. An unlicensed group home operating as a family is considered a residentia l use and shall not require any approvals other than what is required for other residential uses in the same zone.
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 4 CHAPTER 18.12 – SINGLE-FAMILY RESIDENTIAL ZONE (R-1)
SECTION 6. Section 18.12.020 of the Gardena M unicipal Code is hereby amended by to read as follows:
18.12.020 Uses permitted.
The following uses shall be permitted in t he R-1 zone and other such uses as the commission may deem to be sim ilar to those listed and not detrimental to the public health, safety, and welfare:
A. Single-family dwellings and accessory bu ildings customary to such uses located on the same lot or parcel of land;
B. Home occupations subject to the provisions of Chapter 18.56; C. Parks, playgrounds, and public buildings;
D. Family day care homes; provided, a la rge family day care home shall be permitted subject to approval of a home occupation permit pursuant to Chapter 18.56; E. Mobile homes certified under the Nati onal Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code of the state. Further, such mobile homes shall be occupied only as a residential use type and shall be subject to any and all property development standards of the zone;
F. Accessory dwelling uni t, as defined in Chapter 18.04 and subject to property development standards set forth in Chapter 18.13;
G. Residential group facility;
H. Transitional housing, subject only to those restrictions that apply to other residential dwellings of the same type in this zone;
I. Supportive housing, subject only to those restrictions that apply to other residential dwellings of the same type in this zone;
J. Home sharing rentals. Home sharing rentals shall be allowed in a single-family residence in accordance with Chapter 5.76. No home sharing rental shall be allowed in any dwelling unit if there is an accessory dwel ling unit or junior ac cessory dwelling unit on the property; .
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 5 K. Employee housing, as defined by Health and Safety Code section 17021.5, when providing accommodations for six or fewer employees, subject only to those restrictions that apply to other residential dwellings of the same type in this zone.
CHAPTER 18.13 – ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
SECTION 7. Section 18.13.040D of the Gardena Municipal Code is hereby deleted.
D. Owner/Occupancy. Accessory dwelling uni ts may be rented independently of the primary residence. However, in the R-1 zone, the owner of the property must be an occupant of either the primar y residence or the accessory dwelling unit in order for one of the two units to be rented and a covenant shall be recor ded to this effe ct in a form approved by the city attorney. Notwithstandi ng the foregoing, the owner may rent both the primary residence and accesso ry dwelling unit to one party with a restriction in the lease that such party may not further subl ease any unit or porti on thereof. The owner- occupancy requirement shall not be imposed on any accessory dwelling unit approved between January 1, 2020, and January 1, 2025.
CHAPTER 18.36 – INDUSTRIAL ZONE (M-1)
SECTION 8. Section 18.36.020, subsection O rela ting to emergency shelters in the Industrial Zone is hereby amended to read as follows; all other sections remain the same:
18.36.020 Uses permitted.
O. Emergency shelters, subject to the following requirements:
1. The maximum number of beds or clients permitted to be served nightly shall not exceed one per one hundred twenty-five square feet of floor area;
2. Parking at the rate of one space for every employee on the largest shift, provided that the standards do not require more parking than other uses in the zoneshall be required at the rate of one space for every two rooms, plus one space per six rooms for employee parking with a minimum of three spaces for employees;
3. The waiting and client intake area shall be a minimum of one hundred square feet of gross floor area, plus an additional ten square feet for every person which the shelter can serve over ten persons;
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 6 4. Emergency shelters shall not be required to be more than located 300 within three hundred feet of each other;
5. No person may stay in an emer gency shelter for more than one hundred eighty consecutive days;
6. An on-site manager shall be requ ired during all hours that the emergency shelter is in operation; an individual or individuals who do not utilize the homeless beds and/or services may be eligible as on-site manager(s);
7. The emergency shelter shall pr epare and file a management plan with the city that includes clear operational rules and standards;
8. Lighting shall be provi ded in all parking, exterior, intake and waiting areas, outside common areas, and along the periphery of the building and facility.
CHAPTER 18.42
SECTION 9. Section 18.42.015 is hereby added to the Gardena Municipal Code to read as follows:
18.42.015 Replacement housing.
The following provisions apply to the replacement of housing units.
A. Replacement housing – Density Bonus projects.
1. Replacement housing in density bonus projects shall be required for all protected units as set forth in Government Code section 65913(c)(3).
2. This requirement applies to any housi ng development project of five or more residential units, including mixed-use developments.
3. Replacement units shall be located on the site of the housing development project.
B. Replacement housing – Housing Crisis Act.
1. During such time as Government Code section 66300 et seq., the Housing Crisis Act, is in effect and Gardena is considered an “affected city” thereunder, the developer shall be required to provide replacement housing and tenant benefits in accordance with all applicable requirements of Government Code section 66300.6.
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 7 2. This requirement applies to any housi ng development project of two or more units or any non-residential project which develops on a site which has protected housing units under the Housing Crisis Act.
3. If the project is a residential project, the replacement units shall be located on site of the housing development project.
4. If the project is a non-residential project, the replacement units may be located on a different site within the ci ty, but the replacem ent units must be developed prior to or concurrently with the development project. The city shall not issue a certificate of occupancy for the non-residential project until the replacement units are under construction. The devel oper may contract with another entity to develop the required replacement housing.
C. Replacement housing – Housing Element inventory sites.
1. Replacement housing for projects developed on housing inventory sites shall be required as set forth in Government Code section 65583.2(g)(3).
2. This requirement shall apply to a re sidential or non-residential project which develops on an inventory site which ha d housing protected under Government Code section 65583.2(g)(3).
a. If the project is a residential proj ect, the replacement units shall be located on site of the housing development project.
b. If the project is a non-residential project, the replacement units may be located on a different site within the city, but the replacement units must be developed prior to or concurrently with the development project. The city shall not issue a certificate of occupancy for the non-residential project until the replacement units are under construction. The developer may contract with another entity to develop the required replacement housing.
D. Replacement housing – supportive housing.
1. Replacement housing for supportive housing projects governed by Chapter
18.76 shall be required to provide repl acement housing in accordance with Government Code section 65915(c)(3)
E. Applicants shall be required to prov ide required information on a development application form under penalty of perjury.
F. If a development project falls under more than one subsection above, it shall be required to comply with the most stringent provisions in cases of conflict.
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 8 CHAPTER 18.45 DESIGN REVIEW
SECTION 10. Section 18.45.010 of the Gardena Municipal Code is hereby amended to read as follows:
18.45.010 Where applies.
Design review applies to:
A. All two-family dwellings;
B. Any new housing project of two or more units, includi ng a residential mixed use housing project as defined in Chapter 18.04, or transitional or supportive housing where either 20 percent of the total units are sold or rented to lower income households or 100 percent are sold or rented to persons and families of moderate income or middle income as those terms are further defined in Government Code section 65915. For purposes of determi ning the 20 percent, the calculation is based on the number of units prior to t he award of any density bonus units that may be requested;
C. A transitional housing project;
B.D. A supportive housing project, including a supportive housing project as defined in Chapter 18.76.
SUPPORTIVE HOUSING
SECTION 11. A new Chapter 18.76 is hereby added to the Gardena Municipal Code relating to supportive housing in multi-family and mixed-use zones.
CHAPTER 18.76
SUPPORTIVE HOUSING FOR HOMELESS AS A USE BY RIGHT
18.76.010 Purpose.
A. The purpose of this chapter is to implement the provis ions of Government Code section 65650 et seq. relating to supportive housing for a target population of homeless persons as defined in California Health and Safety Code section 5067.14.
B. The provisions of this Chapter take precedence over any se ction of the Zoning Code to the contrary.
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 9 18.76.020 Use by right.
A supportive housing development of no more than 50 units that meets the requirements of this chapter shall be a use by right in the following zones:
R-2 Low-density multifamily residential
R-3 Medium density multifamily residential
R-4 High density multifamily residential
R-6 Very high density multifamily residential
AMU Artesia mixed use
C-R Commercial residential
H-B Home business
MUO Mixed use overlay
HO-3 Medium density 20 overlay
HO-4 High density 30 overlay
HO-5 High density 50 overlay
HO-6 Very high density 70 overlay
18.76.030 Applicat ion/Processing.
A. The standard application for the housing development project shall be supplemented with the following information:
1. The plan for providing supportive services with appropriate documentation showing that the supportive services will be provided onsite to the residents in the project;
2. The name of the proposed entity or entities that will provide supportive services;
3. The proposed funding source(s) for the provided onsite supportive services;
4. Proposed staffing levels by shift;
5. The number of units that are restrict ed to residents who meet criteria of the target population;
6. The amount of nonresidential floor area that shall be used for onsite supportive services;
7. An identification of the number of manager units that will be provided; and DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 10 8. An identification of the number of rental dwelling units on site, or units that have been vacated in the five-year period preceding the application, which are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of lower or very low income; s ubject to any other fo rm of rent or price control through a public entity’s valid exercise of its police power, or occupied by lower or very low income households.
B. An application shall be reviewed for co mpleteness within 30 days of receipt. The application shall be acted on within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days for a supportive housing project with more than 50 units.
C. The application for a supportive housing project that complies with all applicable requirements, including the requirement for replacement housing, shall be approved.
18.76.040 Parking requirements.
The following parking requirements shall apply:
A. Parking shall be required at the rate of 1.0 space per unit. However, no minimum parking requirement shall apply for the units occupied by supportive housing residents if the development is within ½ mile of a public transit stop.
B. A minimum of one parking space shall be provided for each manager’s unit.
C. Parking at the rate of one space for every employee on the largest shift,
18.76.050 Affordabil ity restriction.
The city shall record an affordability restri ction against the property which restricts the units to lower income households for a period of 55 years. The applicant shall be required to sign all necessary documents.
SECTION 12. CEQA. The City Council finds that this ordinance is not a “project” subject to the California Environmental Quality Act (CEQA) as it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (CEQA Guidelines § 15378(a).) The ordinance implements the requirements of state law and the programs required by the City’s 6 th Cycle Housing Element. In addition to not qualifying as a project, the Ordinance falls within the “common sense” exemption set forth in CEQA Guidelines section 15061(b)(3) which exempts activities where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This Ordinance will not have a significant effect as it implements what is already required by State law and will not result in any development or activity with the potential to impact the environment.
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59 11 SECTION 13. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordi nance, 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, subsection, subdivision, paragr aph, 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.
SECTION 14. 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 15 days after the passage and adoption thereof, cause the same to be published as r equired by law, in a publication of general circulation.
SECTION 15. Effective Date. This ordinance shall take effect on the 31 st day after passage.
Passed, approved, and adopted this 26th day of March, 2024.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: C386E506-3098-4962-8F49-21E656AF6E59
CITY OF GARDENA
PLANNING AND ENVIRONMENTAL QUALITY COMMISSION
STAFF REPORT
AGENDA ITEM 6.B
DATE: February 20, 2024
TO: Chair Henderson and Members of the Planning and Environmental Quality Commission
FROM: Amanda Acuna, Senior Planner
APPLICANT: City of Gardena
LOCATION: Citywide
REQUEST: Recommendation to City Council for adoption of Ordinance making changes to Gardena Municipal Code to implement the programs set forth in the City’s 6
th Cycle 2021-2029 Housing Element and changes
required by state law and making findings that adoption of the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).
BACKGROUND
In February 2023, the City Council adopted the City’s 6 th Cycle Housing Element for the 2021-2029 period (“Housing Element”), which was officially approved by the Department of Housing and Community Development (“HCD”). As part of the Housing Element, the committed to programs which require that changes be made to its Municipal Code as required by State law and as set forth by HCD. Additionally, changes are required to the Municipal Code due to recent changes in State law.
This report explains the reasons for the changes in the attached Ordinance.
ANALYSIS
Membership of Commissions (Sections 2.32.020, 2.40.020, and 14.04.050) Program 5.3 of the Housing Element provides that the City would adopt a policy ensuring that each city commission that has influence on housing related policies will have at least one representative from a disadvantaged area.
Housing Program/Housing Law Changes
February 20, 2024
• The changes to the membership sections of the Housing Commission (§ 2.32.020) Planning and Environmental Quality Commission (§ 2.40.020), and Rent Mediation Board (§ 14.04.050) to require that at least one member be appointed from a disadvantaged census tract satisfies this requirement.
Group Homes (Chapter 18.04)
Program 3.1 of the Housing Element requires the City to amend the Zoning Code to allow non-licensed group homes for more than seven persons to be treated as any other residential use in the zone. The City already allows homes of 6 or fewer as an allowed residential use, consistent with numerous state laws.
• A definition of unlicensed group home has been added with the provision that it operates as a family it will be considered a residential use.
• The definition of family has been revised to be more descriptive in order to better determine when a group home is operating as a family.
Employee Housing (Section 18.12.020)
Program 3.1 of the Housing Element requires the City to amend the Zoning Code in accordance with Health and Safety Code section 17021.5 to provide that any employee housing for six or fewer employees shall be deemed a single- family structure with a residential land use designation. Section 17021.5 further provides that employee housing for six or fewer shall not be included in any definition such as a boarding house, dormitory, or similar term that implies that the housing is different in any other way from a family dwelling and no permits or other requirements may be imposed other than what is required of a family dwelling of the same type in the same zone.
Accessory Dwelling Units (Section 18.13.040)
Government Code section 65852.2 was amended this last legislative section by several bills. AB 1033 eliminated the City’s ability to require an owner -occupant requirement on ADUs. This requirement still applies to JADUs.
• Section 18.13.040D of the Gardena Municipal Code relating to owner -occupancy has been revised in accordance with this new law.
Emergency Shelters (Section 18.36.020)
Program 3.1 of the Housing Element requires the City to address both the parking requirements and the distance requirements relating to emergency shelters to comply with the requirements of Government Code section 65583.
Housing Program/Housing Law Changes
February 20, 2024
• Section 18.36.020.O of the Gardena Municipal Code is amended to provide that the parking requirement shall be limited to one space for every employee on the largest shift in accordance with the requirement that parking be limited to “sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
• Section 18.36.020. O has also been amended to reword the City’s previous language in accordance with the requirement that emergency shelters are not required to be more than 300 feet apart.
Replacement Housing (Section 18.42.015)
Program 4.1 of the Housing Element requires that the Zoning Code be amended to require replacement of lower income housing units that are on Inventory Site listed in the Housing Element. Additionally, there are several other statutes which require replacement housing when new projects are developed. The other provisions of state law that require replacement housing are Density Bonus Law, Housing Crisis Act, and supportive housing.
• Rather than spell out all of the applicable procedures in the Zoning Code, a new section 18.42.015 has been added that refers to these various requirements primarily by reference to state law.
Design Review (Section 18.45.010)
In February 2023 the City adopted Chapter 18.45 to provide for a non- discretionary procedure for housing developments that met objective design standards. This is a rewrite of Section 18.45.010 for clarity.
Supportive Housing (Chapter 18.76)
Supportive housing is basically housing that is linked to supportive services that assist the resident. While supportive housing is generally for lower income individuals, there is a specific subset of supportive housing that is for the target population that is homeless as set forth in Government Code section 65650 et seq. which is allowed by right in all zones where multi-family housing is allowed; this would include the City’s mixed-use and overlay zones. This type of housing is exempt from parking if it is located within ½ mile of a public transit stop. Program 3.1 of the Housing Element provides that the City will amend the Zoning Code to address the supportive housing requirements for the homeless target population.
• A new Chapter 18.76 has been added to the Zoning Code
Housing Program/Housing Law Changes
February 20, 2024
CEQA
Adoption of the Ordinance has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (CEQA Guidelines § 15378(a).) The ordinance implements the requirements of state law and the programs required by the City’s 6
th Cycle Housing Element. In addition to not qualifying as a project, the Ordinance falls within the “common sense” exemption set forth in CEQA Guidelines section 15061(b)(3) which exempts activities where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This Ordinance will not have a significant effect as it implements what is already required by State law and will not result in any development or activity with the potential to impact the environment.
RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution No. 1866 which sets forth recommends that the City Council adopt Ordinance No. making these changes as well as recommends that the City Council find the Ordinance to be exempt from CEQA.
ATTACHMENTS
Resolution No. PC 3-24
• Exhibit A – Draft Ordinance No. 1866
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 13.C
Section: DEPARTMENTAL
ITEMS - COMMUNITY
DEVELOPMENT
Meeting Date: March 12, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
PUBLIC HEARING:
URGENCY ORDINANCE NO. 1867
,
extending a
temporary moratorium on significant tobacco retailers for an additional year to March 27, 2025 and making findings that adoption of the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3)
COUNCIL ACTION REQUIRED:
Staff Recommendation: Open the public hearing, receive testimony from the public, allow three (3) minutes for each speaker, and close the public hearing.
Staff Recommendation for Motion: Adopt Urgency Ordinance No. 1867 and conduct a study session to provide direction to staff on prohibiting significant tobacco retailers.
RECOMMENDATION AND STAFF SUMMARY:
At the City Council Meeting held March 28, 2023, the City Council adopted as an urgency measure, Urgency Ordinance No. 1850, a moratorium prohibiting any new Significant Tobacco Retailer businesses from establishing in the City. This was done in order to allow staff time to conduct the necessary research, hold study sessions if desired by the Council, and ultimately bring back an ordinance related to Significant Tobacco Retail businesses.
On
May 9, 2023, the City Council adopted Ordinance No. 1853 extending the moratorium on significant tobacco retailers until March 27, 2024.
Adoption of Urgency Ordinance No. 1867
would extend the existing moratorium until March 25, 2025 and allow staff the time to bring back an ordinance with the direction provided tonight.
Successful adoption of Urgency
Ordinance 1867 requires a 4/5 vote of the City Council.
Staff is here to conduct a presentation
and receive direction and clarification on drafting a new ordinance prohibiting any new significant tobacco retailers from establishing in the City.
Successful adoption of this Ordinance requires a 4/5 vote of the City Council.
FINANCIAL IMPACT/COST:
N/A
ATTACHMENTS:
Urgency Ordinance No. 1867.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
1 URGENCY ORDINANCE NO. 1867
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GARDENA, CALIFORNIA, EXTENDING A
TEMPORARY MORATORIUM ON SIGNIFICANT TOBACCO
RETAILERS FOR AN ADDITIONAL YEAR TO MARCH 27, 2025
WHEREAS, Gardena Municipal Code section 5.52.010 defines a “significant tobacco retailer” as a business where “the principal or core business is selling tobacco products, tobacco paraphernalia, or both, as evidenced by any of the following: twenty percent or more of the floor or display area is devoted to tobacco products, tobacco paraphernalia, or both; sixty-seven percent or more of gross sales receipts are derived from tobacco products, tobacco paraphernalia, or both; or fifty percent or more of completed sales transactions include tobacco products or tobacco paraphernalia;” and
WHEREAS, the City has seen a proliferation of Significant Tobacco Retailer businesses within the City, going from 10 in October 2021 to 16 in March 2023; and
WHEREAS, the City Council is concerned about this proliferation of businesses and the harmful effects of tobacco on the residents of the City; and
WHEREAS, the City has no specific regulations for Significant Tobacco Retailers that would protect minors, such as distance requirements from schools and/or youth-oriented areas; and
WHEREAS, on March 14, 2023, the City Council provided a directive for staff to draft a moratorium ordinance which will allow staff the opportunity to study various options to regulate Significant Tobacco Retailer businesses; and
WHEREAS, Government Code section 65858 provides that to protect public health, safety, and welfare, the City Council may adopt as an urgency measure an interim ordinance prohibiting certain uses while the City studies the prohibited uses; and
WHEREAS, on March 28, 2023 the City Council adopted Urgency Ordinance No. 1850, establishing a temporary moratorium on significant tobacco retailers; and
WHEREAS, on April 25, 2023, the City Council issued a written report detailing the steps that staff was taking to alleviate the conditions; and
WHEREAS, on May 9, 2023, the City Council held a duly noticed public hearing on the adoption of th e Ordinance No. 1853 extending the moratorium on significant tobacco retailers until March 27, 2024; and
WHEREAS, on March 12, 2024, the City Council issued an additional written report detailing the steps that staff was taking to alleviate the conditions; and
DocuSign Envelope ID: D2A876C3-CF68-4EEC-BAC9-06EF71F72A8A 2 WHEREAS, on March 12, 2024 the City Council also held a duly noticed public hearing on the adoption of this Ordinance extending the moratorium on significant tobacco retailers for one year until March 11, 2025;
NOW, THEREFORE, the City Council of the City of Gardena does ordain as follows:
SECTION 1. That the above recitals are true and correct and are adopted as the City Council's findings.
SECTION 2. Ur gency Ordinance No. 1850, AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA, ESTABLISHING A TEMPORRARY MORATORIUM ON SIGNIFICANT TOBACCO RETAILERS In order to protect the public health, safety and welfare of the community and pursuant to the provisions of Government Code section 65858, a moratorium is hereby extended in full force and effect for a period of an additional one year from the expiration of the first extension, to expire on March 27, 2025.
SECTION 3 . This ordinance is declared to be an urgency measure and interim ordinance adopted pursuant to the provisions of Government Code section 65858. As set forth in the findings above, this ordinance is necessary for preserving the public health, safety and welfare of the community. Accordingly, upon adoption by a four-fifths vote of the City Council, this ordinance shall take effect immediately.
SECTION 4. This ordinance shall take effect immediately.
SECTION 5. The City Clerk shall cause this ordinance to be published as required by law.
SE CTION 6. The City Council finds that, regarding the California Environmental Quality Act (CEQA), there is no possibility that the adoption of this ordinance may have a significant adverse effect on the environment (CEQA Guideline section 15061(b)(3)).
P
ASSED AND ADOPTED by the City Council of the City of Gardena , California at a regular meeting thereof held on March 12, 2024.
Tasha Cerda, Mayor
ATTEST:
Mina Semenza, City Clerk
DocuSign Envelope ID: D2A876C3-CF68-4EEC-BAC9-06EF71F72A8A 3 APPROVED AS TO FORM:
Carmen Vasquez, City Attorney
DocuSign Envelope ID: D2A876C3-CF68-4EEC-BAC9-06EF71F72A8A
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: March 12, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approval of One-Year Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy and Grant Funding Services in the amount of $84,000 COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve Agreement
RECOMMENDATION AND STAFF SUMMARY:
Townsend Public Affairs, Inc (TPA) was hired by the City of Gardena in March 2022 to help secure state and federal funding for its priority projects. Efforts to advance the City's priority projects included the pursuit of earmarks in the state budget and federal appropriations bills for Fiscal Years 2022-2023 and 2023-2024. TPA partnered with the City to develop, advocate, and secure several major wins with our elected leaders in Sacramento and in Washington, DC. The TPA/City team worked together to secure over $12 million in direct funding for priority projects identified by the City, including the following highlights:
$4 million for the Digital Equity for all Bridging the Digital Divide (Championed by Assembly Member Muratsuchi)
$2 million for the Gardena Boulevard Revitalization (Championed by Senator Bradford) $1 million for the Rosecrans Community Center (Championed by Congresswoman Waters)
$3 million for Rowley Park Gymnasium (Championed by Senator Bradford) $2 million for Mas Fukai Park (Championed by Senator Allen) $122,410 for the Energy Efficiency and Conservation Block Grant (EECBG) program for Electric Vehicles
So far in 2024, The TPA Team, in partnership with the City, crafted and submitted state and federal district funding requests in an effort to secure direct resources. On the federal side, the funding request was for $2 million dollars for Mas Fukai Park and $3 Million dollars for Citywide Facilities Accessibility and Equity Enhancements. On the state side, the City requested; $5 million for the Rosecrans Community Center, $3 million for Citywide Facilities Accessibility and Equity Enhancements, $3 million for Commercial Facade Improvement Program/Small Business Support, $3 million for the Gardena Willows Wetland Preserves, $1.75 million for Freeman Park, $2 million for Johnson Park and $6.2 million for the Aquatic Center. In addition to these items TPA will continue to look for grant and state legislative opportunities for the City.
Staff recommends that the City Council approve a one-year contract with Townsend Public Affairs, Inc in the amount of $84,000 to provide legislative advocacy and grant writing services.
FINANCIAL IMPACT/COST:
General Fund-$84,000
ATTACHMENTS:
Contract Agreement-Townsend Public Affairs 2-20-24.pdf
Townsend Public Affairs Inc- City Council Presentation March 12 2024.pptx
APPROVED:
___________________________________
Clint Osorio, City Manager
Consultant Agreement with Townsend Public Affairs, Inc. Page 1
AGREEMENT BETWEEN
THE CITY OF GARDENA
AND
TOWNSEND PUBLIC AFFAIRS, INC. (TPA)
This contract, hereinafter referred to as Agreement is entered into this 16TH day of March, 2024, by and between THE CITY OF GARDENA (“City”) and TOWNSEND PUBLIC AFFAIRS (TPA), a California Corporation (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.
1. Recitals.
A. Whereas, City requires the services of a professional to provide legislative advocacy and grant funding services; and
B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to provide these services; and
C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
2. Services.
A. The services to be performed by Consultant shall consist of the following (“Services”): As specified in Exhibit “A”, attached hereto and incorporated herein by reference, unless otherwise instructed by City.
B. The Services shall be performed in accordance with the Project Schedule set forth in Exhibit A. 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 DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E Consultant Agreement with Townsend Public Affairs, Inc. Page 2
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. Consultant’s Proposal. This Agreement shall include Consultant’s proposal or bid which is incorporated herein as Exhibit A. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
5. 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 as set forth in Exhibit A. City, in its sole discretion, may extend the time for performance of any Service.
6. Compensation. Compensation for the Services shall be billed as set forth in Exhibit 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, unless otherwise. In no event shall compensation under this Agreement exceed EIGHTY-FOUR THOUSAND and 00/00 ($84,000) without the prior written authorization of the City Council.
7. Term of Agreement/Termination. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending on March 15, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
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 ten 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. If Consultant is terminating this Agreement for cause, it must provide the City with thirty (30) days written notice.
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 DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E Consultant Agreement with Townsend Public Affairs, Inc. Page 3
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.
8. Agreement Administrator. For purposes of this Agreement, City designates Clint D. Osorio, or designee, as the Agreement Administrator who shall monitor Consultant’s performance under this Agreement. Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a timely manner by Agreement Administrator Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the Agreement Administrator. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the Agreement Administrator determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section- Term of Agreement/Termination. 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.
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 funds;
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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. Performance By Consultant. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.
15. 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 DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E Consultant Agreement with Townsend Public Affairs, Inc. Page 5
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.
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 works 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. Confidentiality Clause. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is 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, 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) DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E Consultant Agreement with Townsend Public Affairs, Inc. Page 6
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.
19. Legal Requirements.
A. Consultant shall secure and maintain all licenses or permits required by law, including 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 insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
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.
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20. 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.
21. 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.
22. 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 under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.
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2. Commercial Auto Liability Insurance - a policy with coverage at least as broad as Insurance Services Office form CA 0001, including Symbol 1 (any auto) 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. 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, return receipt requested, of any cancellation, non-renewal or material change in coverage.
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.
4. 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.
5. 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 Consultant shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return receipt requested, is mailed to City.
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.
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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 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.
23. Indemnity.
A. Consultant assumes all risk of injury to its employees, agents, and contractors, including loss or damage to property.
B. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E Consultant Agreement with Townsend Public Affairs, Inc. Page 10
negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
C. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
24. 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.
25. 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.
26. Notices. Any notice or communication given under this Agreement shall be effective when 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:
1700 West 162nd Street
Gardena, California 90247-3732
Attn: Clint Osorio
Title: City Manager
Email: [email protected]
Telephone: (310) 217-9503
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E Consultant Agreement with Townsend Public Affairs, Inc. Page 11
To Consultant: Townsend Public Affairs, Inc.
1401 Dove Street, Suite 330
Newport Beach, California 92660
Attn: Christopher Townsend, President
Email: [email protected]
Telephone: (949) 278-1091
Either party may change the information to which notice or communication is to be sent by providing advance written notice to the other party.
27. 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.
28. 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.
29. 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.
30. 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.
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31. Joint Drafting. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this 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.
32. 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.
33. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
34. 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.
35. Section Headings. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.
36. 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.
IN WITNESS WHEREOF, the parties have hereunto affixed their names as of the day and year written below.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E Consultant Agreement with Townsend Public Affairs, Inc. Page 13 “City” “Consultant”
City of Gardena Townsend Public Affairs, Inc. (TPA)
By: _______________________ By: _______________________________ Tasha Cerda, Mayor Christopher Townsend, President
Date: _______________ Date: __________________
By: _______________________________
Christopher Townsend, Secretary
Date: __________________
ATTEST:
Mina Semenza, City Clerk
APPROVED AS TO FORM:
Carmen Vasquez, City Attorney
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E 2/21/2024
2/21/2024
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 1 Proposal for
Legislative Advocacy
and Grant Funding Services
February 7, 2024
EXHIBIT A
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 1
February 7, 2024
Clint Osorio, City Manager
City of Gardena
1700 West 162nd Street
Gardena, CA 90247
Dear Mr. Osorio:
Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Legislative Advocacy and Grant Support to the City of Gardena (“City”).
Since its inception in 1998, TPA has earned the reputation as a Champion for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.
Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.
Utilizing this method on behalf of our clients, TPA has shepherded over 150 legislative and regulatory proposals into law and secured over $2.9 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.
Of this amount, TPA helped secure over $12 million in state and federal funding for the City of Gardena’s projects.
Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to continue to serve the City of Gardena.
Yours truly,
Christopher Townsend
President
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 2
FIRM OVERVIEW
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California.
• Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 150 client-sponsored legislative proposals into law
• Funding Success: Over $ 2.9 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies
• Longevity: 25 years (founded in 1998)
• Number of Employees: 22
• Number of Registered State and Federal Lobbyists and Grant Writers: 17
• Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K–12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
o 8th of 491 Firms Registered for 2022–23 Legislative Session o 99th Percentile
• More California public agencies have hired TPA to represent them in Washington, DC than any other advocacy firm in the nation.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 3
FIRM OVERVIEW
LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Outcome Of Lobbying Efforts
Local Governance
Local Control and Finance
• Public Facilities and Finance
• Public Employee Programs
• Contractual Assessment Programs
• Infrastructure Financing Opportunities
Public Employee Benefits
• PEPRA Compliance
• JPA Benefits
• Medical Benefits Vesting
Cannabis • Drafting Local and State Cannabis Regulations • Local Control
Transportation
Local Streets and Roads • State Highway Relinquishments • Local Venue Signage on State Highways
State Highway System • State Bond Funding for Highway Projects • Expansion of Toll Lanes/Toll Roads
Water and Sanitation
Water Quality
• Drinking Water Public Health Regulations
• Groundwater Pollution Liability
• Groundwater Management Plans
• Direct/Indirect Potable Reuse
Water Infrastructure
• State Bond Funding for Water Projects
• Local Reliability Projects
• Water Conservation Programs
Sanitation Infrastructure • Integrated Regional Watershed Projects • Advanced Water Treatment Facilities
Housing and
Community
Development
Affordable Housing • Developing Funding for Affordable Housing • Expanding Affordable Housing Eligibility
Economic Development
• Capital Investment Incentive Program Expansion
• Enterprise Zone Program Regulations
• Military Base Reuse Land Planning
Redevelopment
• Agency Dissolution Process
• Developing Post-RDA Funding Sources
• State Liability Reduction
Recreation and Natural
Resources
Park Facilities
• Joint-Use Projects with School Districts
• State Bond Funding for Local Park Projects
(Propositions 11, 68, and 84)
Greenhouse Gas Reduction • TOD Housing to Support Cap and Trade Objectives • Increase Transit Accessibility for Active Transportation Cultural and Historical
Resources Cultural Facilities • CA Cultural and Historical Endowment • CA Nature Education Facilities Program
Public Safety
Public Health
• Air Pollution Reduction Methods
• Treatment of the Remains of a Deceased
• Veteran Resources
Crime Reduction • Sex Trafficking Control
• Gun Control
Local Law Enforcement
• Increasing Local Police Presence/COPS
• Police Body Cameras
• Regional Public Safety Task Force Initiatives
Education
Community College Districts
• Veterans Resources
• Alternative Energy Job Training
• ADA Reform
K–12 School Districts • K–12 Safety Planning Programs
• Joint Use Projects with Civic Agencies
School Facilities
• Charter School Facilities Funding
• Community College Facilities Funding
• K–12 School District Facilities Funding
A DETAILED SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL LEGISLATIVE
ADVOCACY ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 4
FIRM OVERVIEW
EXAMPLES OF SUCCESSFUL STATE/FEDERAL EARMARKS
The following charts detail TPA’s success in securing state and federal earmarks over the past several years. For each award, TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with state and federal legislators and their staff, relevant committee members, and other key stakeholders to ensure our client projects were included in the final official budget.
STATE BUDGET EARMARKS
Year Total Number of Projects Total Amount Awarded
2023-2024 55 $73,910,000
2022-2023 42 $200,950,000
2021-2022 30 $377,715,020
2019-2020 15 $36,230,000
TOTAL STATE BUDGET EARMARKS SECURED: $688,805,020
FEDERAL EARMARKS
Year Total Number of Projects Total Amount Awarded
2023 34 $60,390,094
2022 30 $59,060,357
TOTAL FEDERAL EARMARKS SECURED: $119,450,451
GRANT FUNDING ACHIEVEMENTS
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.
These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.
Policy Area State Funding Federal Funding All Sources
Water and Sanitation $134.1 Million $13.2 Million $147.3 Million Transportation $704.7 Million $233.4 Million $938.2 Million Education $256.9 Million $49.9 Million $306.8 Million
Parks and Recreation $292.2 Million $30.6 Million $322.9 Million Cultural Resources $140.0 Million $14.2 Million $154.3 Million Housing and
Development $772.0 Million $36.4 Million $806.8 Million Public Safety $155.2 Million $80.1 Million $235.2 Million TOTAL $2.5 Billion $457.8 Million $2.9 Billion
A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT
FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 5
FIRM OVERVIEW
STATE GOVERNMENT RELATIONSHIPS
City’s State Legislative Delegation:
• Senator Steven Bradford
• Senator Benjamin Allen
• Assembly Member Al Muratsuchi
• Assembly Member Mike Gipson
Governor’s Administration and Agency Leadership:
• Governor Gavin Newsom
Executive Secretary Dana Williamson
Senior Counselor Jason Elliott
• Lieutenant Governor Eleni Kounalakis
• State Treasurer Fiona Ma
• State Controller Malia Cohen
• Attorney General Rob Bonta
• Superintendent of Public Instruction Tony Thurmond
• Secretary Wade Crowfoot, Natural Resources Agency
• Secretary Toks Omishakin, California State Transportation Agency • Secretary Amelia Yana Garcia Gonzalez, California Environmental Protection Agency • Secretary Tomiquia Moss , Business, Consumer Services, and Housing Agency • Director Armando Quintero, Department of Parks and Recreation • Director Karla Nemeth, Department of Water Resources
• Director Joe Stephenshaw, Department of Finance
• Director Gustavo Velasquez, Department of Housing and Community Development
State Legislative Leadership:
• Senate President Pro Tempore Toni Atkins
• Senate President Pro Tempore – Designee Mike McGuire
• Senate Republican Leader Brian Jones
• Assembly Speaker Robert Rivas
• Assembly Speaker Pro Tempore Jim Wood
• Assembly Majority Leader Cecilia Aguiar-Curry
• Assembly Republican Leader James Gallagher
Key Legislative Committee Leadership
• Senate Appropriations Chair Anthony Portantino
• Senate Budget Chair Nancy Skinner
• Senate Governance and Finance Committee Chair Anna Caballero • Senate Human Services Committee Chair Marie Alvarado-Gill • Senate Transportation Committee Chair Lena Gonzalez
• Assembly Transportation Committee Chair Lori Wilson
• Assembly Appropriations Chair Buffy Wicks
• Assembly Budget Chair Jesse Gabriel
• Assembly Local Government Committee Chair Juan Carrillo • Assembly Housing and Community Development Committee Chair Chris Ward • Assembly Water, Parks, and Wildlife Committee Chair Diane Papan
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 6
FIRM OVERVIEW
FEDERAL GOVERNMENT RELATIONSHIPS
City’s Federal Legislative Delegation:
• Senator Alex Padilla
• Senator Laphonza Butler
• Representative Maxine Waters
President’s Administration and Federal
Agencies:
• White House Office of
Intergovernmental Affairs
• Stephanie Sykes, Special
Assistant to the President
• Department of Agriculture
• Homer Wilkes, Under
Secretary Natural Resources
and Environment
• Carlos Suarez, California
State Conservationist
• Department of Commerce
• Michell Morton, Broadband
Program Specialist
• Department of Education
• Adam Honeysett, Managing
Director, State and Local
Engagement
• Department of Homeland Security
• Department of Energy
• Rose Dady, Director of
Community Engagement
• Department of Housing and Urban
Development
• Patrick Byrne, Deputy
Assistant Secretary,
Intergovernmental Relations
• Chi Chukwuka, Senior
Advisor
• Department of the Interior
• Department of Justice
• Shannon Long, COPS Office
• Department of Labor
• Department of Transportation
• Evan Wessel, Deputy
Assistant Secretary for
Intergovernmental Affairs
• Army Corps of Engineers
• Mark Cohen, Operations
Division Chief, Los Angeles
District
• Lisa Sandoval, Civil Works
Branch Chief, Real Estate
Division
• Darrell Buxton, Chief Civil
Works Branch, Los Angeles
District
• Bureau of Reclamation
• Jack Simes, Area Manager,
Southern California Area
Office
• Federal Aviation Administration
• Faviola Garcia, Deputy
Regional Administrator
• Nathan Morrissey,
FAASTeam Ops
• Economic Development
Administration
• Environmental Protection Agency
• Martha Guzman, EPA
Region 9 Administrator
• Jamie Piziali, Municipal
Ombudsman
• Fish and Wildlife Service
• National Marine Fisheries Service
• National Park Service
Key Congressional Legislative
Committees:
• Senate Appropriations Committee
• Senate Commerce, Science, and
Transportation Committee
• Senate Environment and Public
Works Committee
• House Appropriations Committee
• House Transportation and
Infrastructure Committee
A DETAILED LIST OF OUR STATE, FEDERAL, AND LOCAL
RELATIONSHIPS CAN BE PROVIDED UPON REQUEST
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 7
CLIENT SERVICE TEAM
PROFESSIONALS
TPA uses a strategic and comprehensive approach to legislative advocacy and grant funding that will be tailored to meet the specific needs of the City. With a team of 17 registered state and federal lobbyists and grant writers, TPA has the breadth and depth of experience AND the ability to deploy as many lobbyists and grant writers as needed to maximize success for the City. The proposed team for this engagement includes:
Niccolo De Luca, Vice President
• 27 years of legislative and public policy experience, including serving under three consecutive Mayors in the City of Oakland
• Secured significant grant funding and legislative directed funding for clients throughout California
• Widespread bipartisan relationships with Members and staff of the State Legislature and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of public safety, cannabis, parks and recreation, natural resources, local government, cultural resources, and consumer affairs
Alex Gibbs, Grants Director
• 13 years of legislative and public policy experience
• Four years of experience working for the California Legislature analyzing, researching, writing, and shepherding bills through the legislative process
• Secured significant grant funding for clients throughout California
• Widespread bipartisan relationships with Members and staff of the California Legislature and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of parks and recreation, local governance, public safety, transportation, cap and trade, and labor relations
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 8
CLIENT SERVICE TEAM
Ben Goldeen, Federal Advocacy Manager
• 13 years of federal government affairs and public policy experience, including:
o Legislative Director, Congressman Jim Costa
o Legislative Assistant, Congressman Dennis Cardoza
• Experience managing legislative activity, including bill analysis and research, particularly for federal funding opportunities
• Experience with research, proposal development, and funding advocacy for various federal grant programs on behalf of local public agencies throughout California
• Close relationships with key staff for numerous Members of Congress, as well as many federal agencies
• Expertise in several federal policy sectors including water resources, healthcare, transportation, parks and recreation, and foreign affairs
Andres Ramirez, Deputy Director
• Experience working with local public agency clients throughout California
• Secured significant legislative directed funding for clients throughout California
• Widespread bipartisan relationships with Members and staff of the California Legislature and with the Governor's Office, including key officials in various agencies and departments
• Expertise in several policy sectors including local governance, parks and recreation, transportation, housing, and economic development
Sean McReynolds, Senior Associate
• 12 years of experience in state and federal government affairs, including:
o Senior Policy Analyst, Orange County Health Authority o Legislative Assistant and Committee Liaison,
Congressman Ed Royce
• Secured significant grant funding and legislative directed funding for clients throughout California
• Widespread bipartisan relationships with Members and staff of the California
Legislature and with the Governor's Office, including
key officials in various agencies and departments
• Expertise in several policy sectors including local governance, healthcare, transportation, natural resources , and economic development.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 9
CLIENT SERVICE TEAM
Joseph Melo, Senior Associate
• 10 years of experience in state and federal government affairs, including:
o Policy Advisor, Congressman Jerry McNerney
• Experience managing legislative activity, including bill analysis and research, particularly for federal funding opportunities
• Close relationships with key staff for numerous Members of Congress, as well as many federal agencies
• Expertise in several federal policy sectors including energy, commerce, education, housing, foreign affairs, and government oversight
Christine Rose, Senior Associate
• Seven years of legislative and public policy experience, including:
o Legislative Director, California Assembly District 23 Capitol Office
o Legislative Aide, California Assembly District 77 Capitol Office
• Widespread bipartisan relationships with Members and staff of the California Legislature and with the Governor's Office, including key officials in various agencies and departments
• Expertise in several policy sectors including local governance, parks and recreation, transportation, housing, and economic development
Sammi Maciel, Associate
• Seven years of legislative and public policy experience:
o Field Representative, Senator Kamala Harris
o Legislative Intern, Senator Dianne Feinstein
• Widespread bipartisan relationships with Members of Congress and their staff and with the President's Administration, including key officials and staff in various agencies and departments
• Expertise in the policy sectors of local governance, water resources, housing, transportation, parks and recreation, and cultural resources
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 10
CLIENT SERVICE TEAM
Carlin Shelby, Associate
• Seven years of legislative and public policy experience, including:
o Legislative and Policy Development Assistant,
League of California Cities
o Press Assistant, Office of Speaker Anthony Rendon
• Widespread bipartisan relationships with Members and staff of the California Legislature and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of local governance, water resources, housing, municipal finance, parks and recreation, and cultural resources
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 11
LEGISLATIVE ADVOCACY SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide state and federal legislative advocacy services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City and is designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Sacramento and Washington, DC. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration, as well as Congress and the Biden Administration.
• Implement the Legislative Strategy: TPA will advocate for the City ’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda.
o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the City:
Schedule meetings for the City to discuss relevant legislation Prepare all briefing materials and talking points for the City Brief legislative offices and stakeholders on the City’s legislative agenda Follow-up on meetings to ensure commitments and deliverables are being met
o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City ’s agenda.
Furthermore, whenever possible, TPA will also schedule site visits by legislators to the City.
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City ’s legislative platform and assess their potential impact on the City.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City . TPA will also draft and deliver position letters to legislators and key officials on specific bill language.
o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 12
SCOPE OF SERVICES
o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings.
• Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the City, all applicable state and federal lobbying disclosure reports.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 13
GRANT WRITING SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide grant writing services to the City:
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity.
• Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list -serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise.
• Community Outreach: TPA will assist the City with community outreach required for grant applications by ensuring the City is aware of specific requirements, helping develop materials that capture all elements required by the grant, and compiling the outreach data for inclusion in the application.
• Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided, and the City is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:
Application timeline
Eligible project types
Funding availability and award maximums and minimums
List of application components, including proposal questions and any required attachments
o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project in order to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions.
o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost- benefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 14
SCOPE OF SERVICES
o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.
o Incorporate Feedback to Finalize Proposal: Well ahead of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application prior to submission.
o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and pack age applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.
TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.
o Funding Advocacy: Throughout the grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well -crafted and well - positioned for funding.
• Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.
• Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports and evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.
• Post-Award Services—Above and Beyond Advocacy: TPA has a track record of success with post-award grant administration and retention. TPA has worked on behalf of clients who, due to unforeseen circumstances, have needed to request an extension of the grant performance period to accomplish project deliverables. TPA is prepared to engage in the legislative process and work with legislators to get bills passed that would allow for the City to retain its grant funding after the performance period would have otherwise ended. Additionally, TPA is prepared to work directly with the City and agencies to secure scope of work changes to already awarded projects to ensure the City will not have to return any hard-won grant funding.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 15
SCOPE OF SERVICES
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success.
• Provide Monthly Progress Reports: TPA will confer regularly with the City on our activities.
TPA will provide timely electronic monthly reports on the status of all funding activity, such as current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E
Proposal for Legislative Advocacy and Grant Funding Services | City of Gardena Page 16
FEE SCHEDULE
ALL-INCLUSIVE RETAINER:
DESCRIPTION OF SERVICES MONTHLY FEE
Legislative Advocacy and Grant Writing Services $7,000* State and Federal Legislative Advocacy
• Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included Grant Writing
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Grant Application Development and Submittal Included • Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and Compliance Included • Post-Award Services—Above and Beyond Advocacy Included • Comprehensive Follow-Up on Unsuccessful Applications Included *The monthly fee includes all reasonable business and travel expenses.
DocuSign Envelope ID: AB15DAD0-7C3A-4624-906A-EF133CED563C DocuSign Envelope ID: 09EA14F7-97D9-41B8-B917-667D5980985E Slide 1
WWW.TOWNSENDPA.COM
SACRAMENTO • WASHINGTON, DC
SOUTHERN CALIFORNIA • NORTHERN CALIFORNIA
Summary of
Accomplishments
State and Federal Efforts
March 12, 2024
WWW.TOWNSENDPA.COM
SACRAMENTO •WASHINGTON DC
NORTHERN CALIFORNIA •CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA
Slide 2
2 Overview of TPA
Townsend Public Affairs, Inc. (TPA) was founded in 1998 by Christopher Townsend with a mission to support organizations that improve our communities.
TPA represents local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations.
TPA is the only Top Ten lobbying firm in California that specializes in both legislative advocacy AND grant funding in Sacramento AND Washington, DC.
TPA has secured over$2.6 billion in public sector funding for our clients.
State and Federal Advocacy Update | Townsend Public Affairs Slide 3
3 TPA Mission for the City of Gardena
State and Federal Advocacy Update | Townsend Public Affairs TPA was hired by the City of Gardena in March of
2022 to help secure state and federal funding for
its priority projects.
Since 2022, TPA partnered with the City to develop,
strategize, advocate, and help secure numerous major
wins with our elected leaders in Sacramento and in
Washington, DC totaling $12,122,410.
Slide 4
4 2022 State and Federal Earmark Requests
TPA worked in strong partnership with the City to create a focused effort that culminated with the strategic submittal of multiple earmark requests to the City’s legislative delegation.
Those projects were:
State and Federal Advocacy Update | Townsend Public Affairs Bridging the Digital Divide
Digital Equity for All
Bridging the Digital Divide
(Championed by
Assembly Member
Muratsuchi)
Gardena Boulevard
Revitalization
(Championed by Senator
Bradford)
Rosecrans
Community Center
(Championed by
Congresswoman Waters)
Slide 5
5 2023 State and Federal Earmark Requests
TPA worked in strong partnership with the City to create a focused effort that culminated with the strategic submittal of multiple earmark requests to the City’s legislative delegation.
Those projects were:
State and Federal Advocacy Update | Townsend Public Affairs Rowley Gymnasium
(Championed by Senator
Bradford)
Mas Fukai Park
(Championed by Senator
Allen )
Slide 6
6 Results: Total Funding Wins for the City
State and Federal Advocacy Update | Townsend Public Affairs Total Earmarks and Grant Funding
Secured for the City over the last two
years:
$12,122,410
Slide 7
7 Current TPA Efforts
Federal Funding Requests
The TPA team is working closely with City staff to identify priority projects that would benefit from a federal funding allocation.
The TPA team will submit the funding requests to U.S.
Senator Alex Padilla, U.S. Senator Laphonza Butler, and Representative Maxine Waters. The TPA Team will also
drive the follow up and next steps.
State and Federal Advocacy Update | Townsend Public Affairs Slide 8
8 Current TPA Efforts (Continued)
Federal Legislative Efforts
The TPA Team has met with the majority staff of the House Subcommittee on Indian and Insular Affairs on H.R. 6859 – Rep. Kamlager-Dove’s bill to extend Federal recognition to the Gabrielino/Tongva Nation.
State and Federal Advocacy Update | Townsend Public Affairs Slide 9
9 Current TPA Efforts (Continued)
State Funding Requests
The TPA team led the effort with City staff to identify a menu of priority projects that would benefit from a one time, funding allocation with a focus on infrastructure and equity.
The TPA team submitted the State Budget request letter to the City’s legislative delegation and is driving the follow up and next steps.
State and Federal Advocacy Update | Townsend Public Affairs Slide 10
10 Current TPA Efforts (Continued)
State Legislative Efforts
With the beginning of the 2024 State Legislative Session, many new pieces of legislation have been introduced until the bill introduction deadline on February 16.
While many bills are still in spot form and lack substantive language, legislative trends include firearm safety regulations, fatal drug overdose prevention, housing streamlining, and climate resiliency programs.
One bill we are watching closely for the City is SB 549 (Newman) Gaming: Tribal Declaratory Relief Act of 2023
State and Federal Advocacy Update | Townsend Public Affairs Slide 11
11 Current TPA Efforts (Continued)
Grant Funding Efforts in 2024
Ongoing Weekly Legislative Updates
Ongoing Monthly Grants Updates
State and Federal Advocacy Update | Townsend Public Affairs Slide 12
12 Current TPA Efforts (Continued)
State and Federal Advocacy Update | Townsend Public Affairs The Energy Efficiency and Conservation Block Grant (EECBG) Program is designed to assist states, local governments, and Tribes in implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency.
Eligible projects include the purchasing of electric vehicles (EVs), installation of solar panels, installation of EV infrastructure, the purchase of energy-efficient street lighting, and more. $122,410
Slide 13
13 Looking Ahead
Looking ahead, there are many upcoming state and federal legislative and funding opportunities, including the following:
State and Federal Advocacy Update | Townsend Public Affairs Federal FY 2025 Community Project Funding
Federal FY 2025 Community Project Funding
State FY 2024-2025 District Project Funding
State FY 2024-2025 District Project Funding
Federal Legislative Efforts
Federal Legislative Efforts
State Legislative Efforts
State Legislative Efforts
Grant Support
Grant Support
Slide 14
14 Christopher Townsend
President
[email protected]
Joseph Melo
Senior Associate
[email protected]
Niccolo De Luca
Vice President
[email protected]
State and Federal Advocacy Update | Townsend Public Affairs Christine Rose
Grants Coordinator
[email protected]
Carly Shelby
Associate
[email protected]
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 16.A
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: March 12, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve and Authorize Director of Public Works to execute an Authorization for Crossing Improvements between the City of Gardena and Union Pacific Railroad for the Western Avenue Railroad Crossing Improvement Project JN 537. Additionally, approve Budget Appropriation of $120,000 from Measure M Local.
COUNCIL ACTION REQUIRED:
Staff Recommendations:
Authorize the Director of Public Works to Execute an Authorization for Crossing Improvements with UPRR.
Approve Budget Appropriation
RECOMMENDATION AND STAFF SUMMARY:
The Western Avenue railroad crossing is an active railroad crossing between 166th and 168th streets that is owned and operated by Union Pacific Railroad (UPRR). The railroad tracks, the sensors that controls the gates and the adjacent asphalt pavement has been in very poor condition resulting in a rough, uneven and pothole filled crossing with the railroad gates prone to malfunction.
The subject, Authorization for Crossing Improvements (ACI) enumerates each party's scope, construction responsibilities and share of the cost. The estimated total cost to improve the railroad crossing within the Union Pacific right-of-way is $234,588. UPRR's portion will be 50% of the cost which is
$117,294.
In this ACI, UPRR will install
new tracks on concrete panels and new signal/control lines. The City of Gardena will then proceed with grinding and paving of the approaching pavement to
ensure the transition is as smooth as possible, under a separate bid processing and contract.
Staff respectfully recommends that the City Council approve and authorize the Director of Public Works to execute an Authorization for Crossing Improvements between City of Gardena and Union Pacific Railroad, in a form approved by the City Attorney, for the Western Avenue Railroad Crossing Improvement Project, JN 537. Additionally, approve the budget appropriation in the amount of $120,000 to finance the City of Gardena's share on the railroad crossing rehabilitation from Measure M Local funds.
FINANCIAL IMPACT/COST:
Requested Budget Amount: $120,000.00 (Measure M Local)
ATTACHMENTS:
GardenaUPRR_ACI_240305.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 16.B
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: March 12, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Award Sidewalk Trip Hazard Removal Contract for the Pedestrian Safety Project FY 2023-2024, JN 527, to Southern California Precision Concrete Inc. in the Amount of $171,571.73, approve 10% construction contingency, and Declare California Environmental Quality Act (CEQA) Exemption.
COUNCIL ACTION REQUIRED:
Staff Recommendations:
Award Construction Contract
Approve Construction Contingency
Declare CEQA Exemption
RECOMMENDATION AND STAFF SUMMARY:
There are approximately 113 center miles of roads and 226 miles of sidewalk in the City which are one of our most valuable assets. It is the City's priority to keep this infrastructure in excellent and safe condition for the residents to enjoy. The purpose of this program is to be proactive in preventative sidewalk maintenance and develop a program to minimize trip hazards and falls and meet ADA compliance. The program will also reduce the need for removal and replacement of sidewalk which is significantly more costly.
Southern California Precision Concrete Inc. provides trip hazard repair for uneven sidewalks.
Their surveying data for sidewalks is compatible with our Nobel GIS system. We will be able to use Nobel to locate all areas that have been grinded and areas for potential removal and replacement by rating the sidewalks 1 to 5 with 5 being top priority. If needed, we will schedule for removal and replacement of sidewalks that can possibly be added to future CIP projects and plan accordingly.
In FY 2022-2023, Southern California Precision Concrete Inc. removed 1,143 sidewalk trip hazards located within Zone 1. The work consisted of cutting approximately 5,866 L.F. of lifted sidewalk. Trip hazards removed were between 1/2” and 2-1/2” and feathered back to ADA standards to create a safe walkway. They can shave approximately 150 sidewalk locations each day with an average of 15 minutes per location depending on the severity of the sidewalk.
Staff recommends the City piggy-back on last year’s Pedestrian Safety Improvements FY 2022-2023 Sidewalk Trip Hazard Removal contract, JN 513, (See Appendix A), as the contractor agreed to honor the same rate of $34.95/inch foot. This recommendation aligns with Gardena’s Cooperative Purchasing Policy APP-2018-003, Section (B). The City will piggyback this rate, not exceeding $171,571.73, to remove 1109 trip hazards located in Zone 2 (Appendix B). The Annual Pedestrian Safety Project budget is to be divided between the Sidewalk Trip Hazard Removal Phase and the future Sidewalk Reconstruction Phase.
Staff respectfully recommends that City Council award the contract for the Pedestrian Safety Improvement FY 2023-2024 - Sidewalk Trip Hazard Removal, JN 527, to Precision Concrete Inc. (Appendix E) in the amount of $171,571.73 and additionally:
Approve 10% on the construction award amount, $17,157.17 to be utilized for construction contingency.
Declare this project to be categorically exempt under the CEQA Article 19, Section 15301, Class 1 (c), as rehabilitation of existing facilities (Appendix D).
FINANCIAL IMPACT/COST:
Source of Funds
JN 527, Ped Safety Project FY 2023-24
(Sidewalk Trip Hazard Removal Phase) - Measure R
$400,000.00
JN 527, Ped Safety Project FY 2023-24
(Sidewalk Trip Hazard Removal Phase) - SB 821
$40,000.00
Total
$440,000.00
Estimated Expenditures
Sidewalk Trip Hazard Removal Phase Construction Contract Award
$171,571.73
10% Construction Contingency
$17,157.17
5% Job Cost (Staff Administration)
$8,600.00
Sidewalk Reconstruction Phase Budget
$242,683.10
Total
$440,000.00
ATTACHMENTS:
Appendix_A-_JN 513 Ped Safety Improvements FY 2022-23_Sidewalk Trip Hazard Removal.pdf Appendix_B-_JN 527 Project Locaiton Map_Zone 2.pdf
Appendix_C-_Precesion Concrete Bid.pdf
Appendix_D-_JN 527 CEQA NOE.pdf
Appendix_E-_JN 527 Ped Safety Improvement FY 2023-2024_Trip Hazard Removal Contract.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
JN 527 2023-2024 Pedestrian Safety Improvements Project
ON-CALL SERVICES FOR
CONCRETE TRIP HAZARD
REPAIR PRICING FOR ZONE 2
Presented to: City of Gardena
1700 West 162nd Street
Gardena CA 90247
February 14th, 2024
CONTACT: Allen Rigg
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. Any copying or unauthorized disclosure of this information is prohibited.
PCC - All Hazards .375” - 2.750”
RATE RATE RATE
34.95$ 34.95$ 34.95$
No.
Zone Street Name Segment From Segment To Street Side
N, S, E, W
Location/Descri
ption
Small Above 1/4"
Med 1/2" - 1"
Large Above 1"
Total Cost
1GAR-2 129th Street Budlong 133rd 0 1,092.19$ 3,430.56$ 3,626.06$ 8,148.81$ 2GAR-2 130th Street Berendo Vermont 0 419.40$ 567.94$ 340.76$ 1,328.10$ 3GAR-2 130th Street Normandie Western 0 955.66$ 8,356.33$ 8,967.95$ 18,279.94$ 4GAR-2 130th Street Normandie Budlong 0 262.13$ 1,379.43$ 2,321.99$ 3,963.55$ 5GAR-2 131st Street Berendo Vermont 0 550.46$ 847.54$ 668.42$ 2,066.42$ 6GAR-2 132nd Street Normandie Vermont 0 358.24$ 2,987.13$ 2,939.62$ 6,284.99$ 7GAR-2 132nd Street Normandie Western 0 1,225.43$ 5,425.99$ 1,135.88$ 7,787.30$ 8GAR-2 133rd Street Budlong Vermont 0 52.43$ 1,810.85$ 1,641.56$ 3,504.83$ 9GAR-2 134th Place Catalina New Hampshire 0 297.08$ 765.08$ 113.59$ 1,175.74$ 10GAR-2 134th Street Normandie Budlong 0 154.00$ 1,998.70$ 1,927.71$ 4,080.41$ 11GAR-2 134th Street Normandie Western 0 1,660.13$ 5,636.78$ 2,599.41$ 9,896.31$ 12GAR-2 135th Street Normandie Vermont 0 424.86$ 3,546.33$ 1,704.90$ 5,676.10$ 13GAR-2 135th Street Normandie Western 0 -$ 4,542.41$ 586.50$ 5,128.91$ 14GAR-2 137th Street Van Buren Normandie 0 281.78$ 1,642.65$ 581.04$ 2,505.48$ 15GAR-2 138th Street Berendo Budlong 0 314.55$ 408.48$ 244.65$ 967.68$ 16GAR-2 139th Street Budlong Normandie 0 321.10$ 1,072.53$ 109.22$ 1,502.85$ 17GAR-2 139th Street Normandie Western 0 69.90$ 2,608.14$ 2,282.67$ 4,960.72$ 18GAR-2 140th Place Budlong to End 0 337.49$ 584.32$ 323.29$ 1,245.09$ 19GAR-2 140th Street Raymond to End 0 391.00$ 693.54$ -$ 1,084.54$ 20GAR-2 141st Place Normandie Budlong 0 454.35$ 1,346.67$ 1,082.36$ 2,883.38$ 21GAR-2 141st Street Budlong to End 0 139.80$ 670.60$ -$ 810.40$ 22GAR-2 141st Street Budlong Normandie 0 609.44$ 1,795.56$ 235.91$ 2,640.91$ GARDENA - ZONE 2 - PRICING SHEET
LOCATION INCH FEET PRICING
PCC - All Hazards .375” - 2.750”
RATE RATE RATE
34.95$ 34.95$ 34.95$
No.
Zone Street Name Segment From Segment To Street Side
N, S, E, W
Location/Descri
ption
Small Above 1/4"
Med 1/2" - 1"
Large Above 1"
Total Cost
GARDENA - ZONE 2 - PRICING SHEET
LOCATION INCH FEET PRICING
23GAR-2 141st Street Normandie Halldale 0 -$ 152.91$ 707.74$ 860.64$ 24GAR-2 Alma Avenue 135th to End 0 122.33$ 795.11$ 884.67$ 1,802.11$ 25GAR-2 Berendo Avenue 134th 133rd 0 227.18$ 1,194.85$ 629.10$ 2,051.13$ 26GAR-2 Berendo Avenue Teton to End 0 262.13$ 1,026.66$ 806.03$ 2,094.82$ 27GAR-2 Brighton Avenue 139th Rosecrans 0 -$ 731.77$ 1,334.65$ 2,066.42$ 28GAR-2 Budlong Avenue 135th 133rd 0 131.06$ 921.81$ 157.28$ 1,210.14$ 29GAR-2 Budlong Avenue 135th Rosecrans 0 1,012.46$ 3,035.19$ 227.18$ 4,274.82$ 30GAR-2 Budlong Avenue El Segundo 133rd 0 972.05$ 5,299.29$ 297.08$ 6,568.42$ 31GAR-2 Catalina Avenue 132nd 129th 0 1,995.43$ 1,852.35$ 1,432.95$ 5,280.73$ 32GAR-2 Catalina Avenue 135th 133rd 0 659.68$ 2,297.96$ 926.18$ 3,883.82$ 33GAR-2 Catalina Avenue Teton to End 0 366.98$ 1,355.40$ 637.84$ 2,360.22$ 34GAR-2 Deanna Court 141st Pl. to End 0 -$ 285.06$ -$ 285.06$ 35GAR-2 El Segundo Blvd. Normandie Western 0 92.84$ 2,140.69$ 1,830.51$ 4,064.03$ 36GAR-2 El Segundo Blvd. Normandie Vermont 0 214.07$ 2,729.38$ 1,417.66$ 4,361.10$ 37GAR-2 Halldale Avenue 135th El Segundo 0 1,023.38$ 6,401.31$ 8,227.45$ 15,652.14$ 38GAR-2 Halldale Avenue 139th Rosecrans 0 -$ 840.98$ 895.59$ 1,736.58$ 39GAR-2 Harvard Place 139th to End 0 -$ 366.98$ 3,060.31$ 3,427.28$ 40GAR-2 Kansas Avenue 134th 133rd 0 340.76$ 760.16$ 764.53$ 1,865.46$ 41GAR-2 Kingsley Drive Rosecrans to End 0 78.64$ 345.13$ 279.60$ 703.37$ 42GAR-2 Mariposa Avenue 137th 135th 0 421.58$ 1,748.59$ 1,782.45$ 3,952.63$ 43GAR-2 Mariposa Avenue 139th to End 0 558.11$ 908.70$ 209.70$ 1,676.51$ 44GAR-2 Mariposa Avenue 141st Pl. 141st St. 0 447.80$ 386.63$ 174.75$ 1,009.18$ PCC - All Hazards .375” - 2.750”
RATE RATE RATE
34.95$ 34.95$ 34.95$
No.
Zone Street Name Segment From Segment To Street Side
N, S, E, W
Location/Descri
ption
Small Above 1/4"
Med 1/2" - 1"
Large Above 1"
Total Cost
GARDENA - ZONE 2 - PRICING SHEET
LOCATION INCH FEET PRICING
45GAR-2 New Hampshire Avenue 135th 133rd 0 305.81$ 1,375.06$ 1,775.90$ 3,456.77$ 46GAR-2 Normandie Avenue Rosecrans El Segundo 0 998.26$ 3,508.11$ 3,003.52$ 7,509.88$ 47GAR-2 Raymond Avenue 137th 135th 0 166.01$ 1,354.31$ 550.46$ 2,070.79$ 48GAR-2 Raymond Avenue 141st Pl. 141st St. 0 183.49$ 187.86$ 917.44$ 1,288.78$ 49GAR-2 Raymond Avenue 141st 140th 0 183.49$ 205.33$ -$ 388.82$ 50GAR-2 Rosecrans Avenue Normandie Western 0 440.15$ 1,059.42$ -$ 1,499.57$ 51GAR-2 Rosecrans Avenue Vermont Normandie 0 419.40$ 718.66$ 642.21$ 1,780.27$ 52GAR-2 Teton Street Berendo Budlong #' (52)'!H66 87.38$ 860.64$ -$ 948.02$ 53GAR-2 Van Buren Avenue 137th Budlong #' (53)'!H66 569.03$ 1,476.64$ 323.29$ 2,368.95$ 54GAR-2 Van Buren Avenue 137th to End #' (54)'!H66 131.06$ 251.20$ 251.20$ 633.47$ 55GAR-2 Van Buren Court 141st Pl. to End #' (55)'!H66 78.64$ 58.98$ -$ 137.62$ 56GAR-2 Vermont Avenue 135th El Segundo #' (56)'!H66 69.90$ 478.38$ 139.80$ 688.08$ 57GAR-2 Vermont Avenue 135th Rosecrans #' (57)'!H66 166.01$ 532.99$ 166.01$ 865.01$ 58GAR-2 Western Avenue Rosecrans El Segundo #' (58)'!H66 139.80$ 1,675.42$ 2,247.72$ 4,062.94$ 59 0 0 0 0#' (59)'!H66 -$ -$ -$ -$ 60 0 0 0 0#' (60)'!H66 -$ -$ -$ -$ 61 0 0 0 0#' (61)'!H66 -$ -$ -$ -$ Totals 23,236.29$ 101,437.46$ 70,134.27$ 194,808.02$ PCC - All Hazards .625” - 2.750”
RATE RATE RATE
34.95$ 34.95$ 34.95$
No.
Zone Street Name Segment From Segment To Street Side
N, S, E, W
Location/Descri
ption
Small Above 1/4"
Med 1/2" - 1"
Large Above 1"
Total Cost
GARDENA - ZONE 2 - PRICING SHEET
LOCATION INCH FEET PRICING
1GAR-2 129th Street Budlong 133rd -$ 3,430.56$ 3,626.06$ 7,056.62$ 2GAR-2 130th Street Berendo Vermont -$ 567.94$ 340.76$ 908.70$ 3GAR-2 130th Street Normandie Western -$ 8,356.33$ 8,967.95$ 17,324.28$ 4GAR-2 130th Street Normandie Budlong -$ 1,379.43$ 2,321.99$ 3,701.42$ 5GAR-2 131st Street Berendo Vermont -$ 847.54$ 668.42$ 1,515.96$ 6GAR-2 132nd Street Normandie Vermont -$ 2,987.13$ 2,939.62$ 5,926.76$ 7GAR-2 132nd Street Normandie Western -$ 5,425.99$ 1,135.88$ 6,561.86$ 8GAR-2 133rd Street Budlong Vermont -$ 1,810.85$ 1,641.56$ 3,452.40$ 9GAR-2 134th Place Catalina New Hampshire -$ 765.08$ 113.59$ 878.66$ 10GAR-2 134th Street Normandie Budlong -$ 1,998.70$ 1,927.71$ 3,926.41$ 11GAR-2 134th Street Normandie Western -$ 5,636.78$ 2,599.41$ 8,236.19$ 12GAR-2 135th Street Normandie Vermont -$ 3,546.33$ 1,704.90$ 5,251.24$ 13GAR-2 135th Street Normandie Western -$ 4,542.41$ 586.50$ 5,128.91$ 14GAR-2 137th Street Van Buren Normandie -$ 1,642.65$ 581.04$ 2,223.69$ 15GAR-2 138th Street Berendo Budlong -$ 408.48$ 244.65$ 653.13$ 16GAR-2 139th Street Budlong Normandie -$ 1,072.53$ 109.22$ 1,181.75$ 17GAR-2 139th Street Normandie Western -$ 2,608.14$ 2,282.67$ 4,890.82$ 18GAR-2 140th Place Budlong to End -$ 584.32$ 323.29$ 907.61$ 19GAR-2 140th Street Raymond to End -$ 693.54$ -$ 693.54$ 20GAR-2 141st Place Normandie Budlong -$ 1,346.67$ 1,082.36$ 2,429.03$ 21GAR-2 141st Street Budlong to End -$ 670.60$ -$ 670.60$ 22GAR-2 141st Street Budlong Normandie -$ 1,795.56$ 235.91$ 2,031.47$ PCC - All Hazards .625” - 2.750”
RATE RATE RATE
34.95$ 34.95$ 34.95$
No.
Zone Street Name Segment From Segment To Street Side
N, S, E, W
Location/Descri
ption
Small Above 1/4"
Med 1/2" - 1"
Large Above 1"
Total Cost
GARDENA - ZONE 2 - PRICING SHEET
LOCATION INCH FEET PRICING
23GAR-2 141st Street Normandie Halldale -$ 152.91$ 707.74$ 860.64$ 24GAR-2 Alma Avenue 135th to End -$ 795.11$ 884.67$ 1,679.78$ 25GAR-2 Berendo Avenue 134th 133rd -$ 1,194.85$ 629.10$ 1,823.95$ 26GAR-2 Berendo Avenue Teton to End -$ 1,026.66$ 806.03$ 1,832.69$ 27GAR-2 Brighton Avenue 139th Rosecrans -$ 731.77$ 1,334.65$ 2,066.42$ 28GAR-2 Budlong Avenue 135th 133rd -$ 921.81$ 157.28$ 1,079.08$ 29GAR-2 Budlong Avenue 135th Rosecrans -$ 3,035.19$ 227.18$ 3,262.36$ 30GAR-2 Budlong Avenue El Segundo 133rd -$ 5,299.29$ 297.08$ 5,596.37$ 31GAR-2 Catalina Avenue 132nd 129th -$ 1,852.35$ 1,432.95$ 3,285.30$ 32GAR-2 Catalina Avenue 135th 133rd -$ 2,297.96$ 926.18$ 3,224.14$ 33GAR-2 Catalina Avenue Teton to End -$ 1,355.40$ 637.84$ 1,993.24$ 34GAR-2 Deanna Court 141st Pl. to End -$ 285.06$ -$ 285.06$ 35GAR-2 El Segundo Blvd. Normandie Western -$ 2,140.69$ 1,830.51$ 3,971.19$ 36GAR-2 El Segundo Blvd. Normandie Vermont -$ 2,729.38$ 1,417.66$ 4,147.04$ 37GAR-2 Halldale Avenue 135th El Segundo -$ 6,401.31$ 8,227.45$ 14,628.76$ 38GAR-2 Halldale Avenue 139th Rosecrans -$ 840.98$ 895.59$ 1,736.58$ 39GAR-2 Harvard Place 139th to End -$ 366.98$ 3,060.31$ 3,427.28$ 40GAR-2 Kansas Avenue 134th 133rd -$ 760.16$ 764.53$ 1,524.69$ 41GAR-2 Kingsley Drive Rosecrans to End -$ 345.13$ 279.60$ 624.73$ 42GAR-2 Mariposa Avenue 137th 135th -$ 1,748.59$ 1,782.45$ 3,531.04$ 43GAR-2 Mariposa Avenue 139th to End -$ 908.70$ 209.70$ 1,118.40$ 44GAR-2 Mariposa Avenue 141st Pl. 141st St. -$ 386.63$ 174.75$ 561.38$ PCC - All Hazards .625” - 2.750”
RATE RATE RATE
34.95$ 34.95$ 34.95$
No.
Zone Street Name Segment From Segment To Street Side
N, S, E, W
Location/Descri
ption
Small Above 1/4"
Med 1/2" - 1"
Large Above 1"
Total Cost
GARDENA - ZONE 2 - PRICING SHEET
LOCATION INCH FEET PRICING
45GAR-2 New Hampshire Avenue 135th 133rd -$ 1,375.06$ 1,775.90$ 3,150.96$ 46GAR-2 Normandie Avenue Rosecrans El Segundo -$ 3,508.11$ 3,003.52$ 6,511.62$ 47GAR-2 Raymond Avenue 137th 135th -$ 1,354.31$ 550.46$ 1,904.78$ 48GAR-2 Raymond Avenue 141st Pl. 141st St. -$ 187.86$ 917.44$ 1,105.29$ 49GAR-2 Raymond Avenue 141st 140th -$ 205.33$ -$ 205.33$ 50GAR-2 Rosecrans Avenue Normandie Western -$ 1,059.42$ -$ 1,059.42$ 51GAR-2 Rosecrans Avenue Vermont Normandie -$ 718.66$ 642.21$ 1,360.87$ 52GAR-2 Teton Street Berendo Budlong -$ 860.64$ -$ 860.64$ 53GAR-2 Van Buren Avenue 137th Budlong -$ 1,476.64$ 323.29$ 1,799.93$ 54GAR-2 Van Buren Avenue 137th to End -$ 251.20$ 251.20$ 502.41$ 55GAR-2 Van Buren Court 141st Pl. to End -$ 58.98$ -$ 58.98$ 56GAR-2 Vermont Avenue 135th El Segundo -$ 478.38$ 139.80$ 618.18$ 57GAR-2 Vermont Avenue 135th Rosecrans -$ 532.99$ 166.01$ 699.00$ 58GAR-2 Western Avenue Rosecrans El Segundo -$ 1,675.42$ 2,247.72$ 3,923.14$ 59 0 0 0 0 -$ -$ -$ -$ 60 0 0 0 0 -$ -$ -$ -$ 61 0 0 0 0 -$ -$ -$ -$ Filtered Totals -$ 101,437.46$ 70,134.27$ 171,571.73$ PCC - PRICING ZONE 2
Billing Units: Services are billed in “Inch Feet”. An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying this average by the length of the cut. Example: A sidewalk off-set on a 4-foot wide sidewalk that consists of a 0.5” rise on one side, and tapers down to a zero rise on the other is calculated as follows:
.05” + 0” / 2 * 4’ = 1- inch foot
SIDEWALK ASSESSMENT SERVICES
UNIT PRICE $495 PER SIDEWALK
MILE $11,880.00
SIDEWALK TRIP HAZARD REPAIR
PER INCH FOOT ALL HAZARDS 3/8” -
2 3/4” UNIT PRICE $34.95 PER INCH FOOT $194,808.02
SIDEWALK TRIP HAZARD REPAIR
PER INCH FOOT 5/8”-2 3/4” UNIT PRICE $34.95 PER INCH FOOT $171,571.73 OPTION 1
OPTION 2
CONTACT US
Trip Hazard Removal Specialist for
Los Angeles and San Gabriel Valley
PRECISION CONCRETE CUTTING
13089 PEYTON DR #C235
CHINO HILLS CA 91709
PHONE: 909-539-7740
DIR NUMBER: 1000003322
CONTRACTOR LICENSE NUMBER: 925449
[email protected]
www.safesidewalks.com
NOTICE OF EXEMPTION
TO: Office of Planning & Research County Clerk / Registrar Recorder 1400 Tenth Street ATTN: Environmental Filings Clerk Sacramento, CA 95814 12400 East Imperial Highway, Room 1101 Norwalk, CA 90650
Project Title: Pedestrian Safety Improvement 2023/2024 – Sidewalk Trip Hazard Removal, JN 527
Project Location (Specific): Various Locations – Zone 2
Project Location (City): Gardena Location (County): Los Angeles County Description of nature, purpose and beneficiaries of project: This project is a concrete remediation for preventative sidewalk maintenance and develop a program to minimize trip hazards and falls and meet ADA compliance
Name of public agency approving project: City of Gardena
Name of person or agency carrying out project: Precision Concrete Cutting
Exempt Status: (Check One)
Ministerial: (P.R.C. Sec. 21080[b][1]; Guidelines Sec. 15268) Declared Emergency: (P.R.C. Sec. 21080[b][3]; Guidelines Sec. 15269[a]) Emergency Project (P.R.C. Sec. 21080[b][4]; Guidelines Sec. 15269[b][c]) X Categorical Exemption: Section 15301 Class 1(c), Existing Facilities Other: Guidelines Sec. 15061):
_______________________________________________________________________ Reason why project is exempt: This project consists of minor alteration of existing public sidewalks and involves negligible or no expansion of use beyond that previously existing.
Contact person: Jose Espinoza Telephone: 310-217-9644
If filed by applicant:
1. Attach certified document of exempting finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes No
Date received for filing:
CLINT OSORIO Date
Environmental Quality Officer
NOTE: Exempt from Dept. of Fish & Game Wildlife Fee in accordance with de minimis impact finding (735.5[c])
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 1
PUBLIC WORKS CONTRACT
PROJECT NO. JN 527
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 2
CONTRACT
PROJECT NO. JN 527
THIS CONTRACT is made and entered into this12th of March 2024 by and between THE CITY OF GARDENA, a municipal corporation (“City”) and Southern California Precision Concrete Inc., a California Corporation (hereinafter "Contractor"). It is agreed by and between the parties that:
1. WORK
1.1 Contractor agrees to enter into a one (1) year agreement with City for the Sidewalk Trip Hazard Removal for the Pedestrian Safety Project FY 2023-2024, utilizing the piggy-back agreement of the City’s Sidewalk Trip Hazard Removal for the Pedestrian Safety Project FY 2022-2023 contract, JN 513 (a.k.a. On-Call Services for Concrete Remediation), at the same unit rate attached hereto as Appendix A.
PROJECT: Pedestrian Safety Project FY 2023-2024, Trip Hazard Removal Concrete
1.2 Should City, at any time during the progress of the Work, request any alterations, deviations, additions or omissions, it shall be at liberty to do so, and the same shall in no way affect or make void the Contract, but will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation.
1.3 The Standard Specifications for Public Works Construction (“Greenbook”) shall be the Standard Specifications of the City. Unless otherwise indicated, the latest edition, including supplements, of the Greenbook shall apply.
2. SCHEDULE
2.1 Contractor shall commence and diligently pursue the Project to completion in one- year, except as such time may be extended in writing by City.
2.2 If the Work called for under the Contract is not completed before the date specified, damage will be sustained by City and it will be impracticable to determine the actual damage which City will sustain in the event of such delay. Therefore, it is agreed that Contractor shall pay to City $1000 per day for each and every working day's delay beyond the completion date. In the case the damages are not paid, Contractor agrees that City may deduct the amount from any money due or that may become due Contractor under the Contract. Compliance with the Greenbook is not required for liquidated damages to be assessed.
3. CONTRACT PRICE
3.1 Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the rate of $34.95/inch foot. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed One Hundred Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 3 and Seventy One Thousand Five Hundred and Seventy One Dollars and Seventy Three cents ($171,571.73) (“Contract Sum”) for completion of the work.
4. PAYMENTS
4.1 If Contractor desires a progress payment, he shall invoice City for the amount of work satisfactorily completed and inspected as of the closure date. The invoice shall be delivered to the City Engineer. All requests for payment shall be accompanied by the appropriate conditional waiver and releases in the form set forth in Civil Code section 3262. A five percent (5%) retention shall be retained on all payments. In the event of any claims, $1000/day will be adequate to cover such claims shall be withheld from the retention payment until resolution of the claims.
4.2 Payment requests that are determined to be improper shall be returned to Contractor with written explanation within 7 days after receipt. The number of days available to make payment without incurring interest shall be reduced by the number of days by which City exceeds the 7-day return requirement.
4.3 Within 60 days of the date of completion and acceptance of the Work, City will pay to Contractor the amount remaining after appropriate modifications are made for change orders, liquidated damages, or any other of the provisions of which, by the terms hereof, City is or may be authorized or required to reserve or retain funds. Any moneys withheld beyond the allowable amount or prescribed time will accrue interest at a rate of two percent per month until such time that said moneys are released to Contractor, at which time withheld moneys and accrued interest shall be dispensed. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.
4.4 In the event there is any claim specifically excluded by Contractor from the operation of any release, there shall be retained by City an amount not to exceed the amount of the disputed claim. In the event of a dispute after completion of the Project, City may withhold an amount not to exceed 150 percent of the disputed amount.
4.5 No claim shall be made or be filed and neither City, nor any of its elected or appointed officers, employees, agents, or volunteers shall be liable, or held to pay any money, except as specifically provided in the Contract. The acceptance by Contractor of the final payment when no securities or certificates of deposit have been deposited in escrow or with City, or his acceptance from the escrow agent or City of the securities or certificates of deposit substituted for the retention, whichever is later, shall operate as, and shall be, a release to City, and its elected and appointed officers, employees, agents, and volunteers, from all claims and liability to Contractor for anything done or furnished for, or relating to, the Project or for any act or neglect of City or of any person relating to or affecting the Project, except claims previously made as provided for and in accordance with the provisions of the General Conditions and pending at the time of acceptance of final payment or of the securities or certificates of deposit, or the claim against City for the remainder, if any there be, of the amounts kept or retained due to unpaid claims.
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 4
5. LEGAL REQUIREMENTS
State Requirements
5.1 Contractor, its agents and employees shall be bound by and shall comply with all applicable federal, state and local laws regardless of whether enumerated herein.
5.2 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no less than monthly. The State General Prevailing Wage Determination is as established by the California Department of Industrial Relation (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).
Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR- approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.
A. AWARD OF CONTRACT: The following are conditions to the award of the contract:
i. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relation pursuant to Labor Code Section 1725.5 subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Profession Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded): and
ii. No contractor or subcontractor may be awarded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 1725.5.
Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, will disqualify a bidder or proposer.
These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.
5.3 In accordance with the requirements of the California Prevailing Wage Laws, Contractor and each Subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 5 the work done under the Contract. The payroll records shall be certified and made available for inspection at all reasonable hours in accordance with the California Prevailing Wage Laws. Contractor shall be subject to, and fully comply with, all California Prevailing Wage Laws, including, but not limited to, those pertaining to the maintenance and inspection of certified payroll records.
5.4 Pursuant to California Labor Code section 1810 et seq., eight (8) hours labor constitutes a legal day's work. Contractor shall forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of these hours at a rate of at least one and one-half times the basic rate of pay. (Labor Code § 1813.) City may withhold from any monies payable on account of work performed by Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor, for unpaid wages and liquidated damages as provided for herein.
5.5 Contractor, and any subcontractor under Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the Contract. (Labor Code § 1774.) Copies of the determination of the Director of the Department of Industrial Relations of the rate of per diem wages for each craft, classification or type of worker needed to execute the Contract are on file in, and available at, the office of City. (Labor Code § 1773.2.) When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification.
A copy of the prevailing rate per diem wages for cash craft or type of workman needed to execute any contract which may be awarded by City, may be requested by contacting the State Board of Equalization at (800) 400-7115.
5.6 Contractor shall post a copy of the prevailing rates at the work site(s), for the duration of the Work. (Labor Code § 1773.2.)
5.7 Contractor shall comply with all provisions of Labor Code section 1775. In accordance with Labor Code section 1775, Contractor shall forfeit as a penalty to City not more than $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor shall also pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
5.8 Nothing in this Contract shall prevent Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor shall have responsibility for compliance with California Labor Code Section 1777.5 and 1777.6 for all apprenticeable occupations. These sections require that Contractor and subcontractors shall submit contract award information to the applicable joint apprenticeship committee, shall employ apprentices in apprenticeable occupations, shall contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Board and that Contractors and subcontractors shall not discriminate among otherwise qualified employees as apprentices solely on the ground Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 6 of sex, race, religion, creed, national origin, ancestry or color. Only apprentices as defined in Labor Code Section 3077, who are in training under apprenticeship standards and who have written apprentice agreements will be employed in apprenticeable occupations.
5.9 Contractor warrants full compliance with all applicable Federal and California employment laws, including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. Contractor shall retain such documentation for all covered employees for the period prescribed by law. Contractor shall indemnify, defend, and hold harmless, City, its elected and appointed officers, employees, agents and volunteers from employer sanctions and any other liability which may be assessed against City in connection with any alleged violation of federal or state statutes or regulations pertaining.
5.10 Neither Contractor, nor any subcontractor under Contractor, shall discriminate in the employment of persons, including apprentices, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age of such person, except as provided in Sections 12940 and 12941 of the Government Code. Contractor shall have responsibility for compliance with this section. (Gov. Code §§ 12940, 12941.)
5.11 Contractor and all subcontractors shall, at Contractor and subcontractor's sole expense, obtain and maintain all necessary licenses for the Work, including but not limited to a valid business license, and give all necessary notices and pay all fees and taxes required by law.
5.12 Contractor shall be responsible for obtaining at its own expense, all construction permits and licenses required by the City, including for any subcontracting firm engaged in construction/installation for this Project.
5.13 In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding 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. § 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, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. (Gov.
Code § 4552; Pub. Con. Code § 7103.5.)
5.14 Subcontractors who are ineligible pursuant to Labor Code sections 1777.1 and 1777.7 are ineligible to perform work under this Contract.
5.15 This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 7
6. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to City a wholly-independent contractor.
Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, servants, agents or subcontractors, except as set forth in the Contract Documents. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors, are in any manner officers, employees, agents or subcontractors of City.
7. INDEMNIFICATION
7.1 To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Gardena and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the work performed under the Contract, or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision.
7.2 This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
7.3 This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
7.4 Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
7.5 The prevailing party shall pay for reasonable attorney fees and costs incurred in relation to this indemnification provision.
7.6 Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b).
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 8
7.7 This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
7.8 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
7.9 In the event there is more than one person or entity named in the Agreement as the Contractor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
8. QUALITY ASSURANCE
8.1 All materials furnished and all Work done under the Project shall be subject to rigid inspection. Work done in the absence of prescribed inspection may be required to be torn out and replaced and the entire cost of repair and replacement shall be borne by Contractor, irrespective of whether the work dismantled is found to be defective.
8.2 If the Work or materials, or any part thereof, shall be found defective any time before the final acceptance of the Project, Contractor shall immediately make good such defect without compensation in a manner satisfactory to the City, regardless of any previous inspection or estimation of such Work for payment.
8.3 If Contractor fails or neglects to make ordered repairs and/or replacement of damaged property within ten (10) DAYS after the service of an order to do such repair and/or replacement, the City, may make the ordered repairs and/or replacement and deduct the cost thereof from the monies due Contractor.
8.4 Prior to final acceptance, Contractor shall restore all areas affected by the work to the original state of cleanliness and repair all damage done to the premises, including the grounds, by his workmen and equipment.
9. INSURANCE
9.1 Commencement of Work. Contractor shall not be authorized to commence Work under this Contract until it has obtained approved insurance. Before beginning Work hereunder, during the entire period of this Contract, for any extensions hereto, and for periods after the end of this Contract as may be indicated below, Contractor must have and maintain in place not less than the insurance coverages required in this Section at his sole cost and expense. Contractor’s insurance shall comply with all items specified by this Contract. Any subcontractors shall be subject to all of the requirements of this Section and Contractor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Contractor’s insurance may cover all Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 9 subcontractors. The insurance requirements are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Contract.
9.2. 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.
9.3 Coverages, Limits and Policy Requirements. Contractor shall maintain the types of coverages indicated below:
9.4 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either one million dollars ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate.
9.5 Commercial Auto Liability Insurance - a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City. The minimum auto insurance coverage shall be one million dollars ($1,000,000) combined single limit per accident.
9.6 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 ($1,000,000) 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.
In accordance with the provisions of section 1860 of the California Labor Code, Contractor's attention is directed to the requirement that in accordance with the provisions of section 3700 of the California Labor Code, Contractor and every subcontractor will be required to secure the payment of compensation of his or her employees, or obtain a certificate of consent to self-insurance by the Director of Industrial Relations in accordance with the requirements of Section 3700 of the California Labor Code.
In accordance with the provisions of section 1861 of the California Labor Code, Contractor shall sign and file with the awarding body the following certification prior to performing any work on the Project:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
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9.7 Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
(i) City and its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy as respects liabilities arising out of the performance of any work done under the Contract.
(ii) The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.
(iii) For any claims with respect to the Project covered by this Contract, Contractor’s insurance coverage shall be primary insurance as respects City and its elected and appointed officers, employees, agents and volunteers.
Any insurance or self-insurance maintained by City and its elected and appointed officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not contribute with it.
(iv) The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
9.8 Course of Construction Insurance - Contractor shall provide course of construction insurance covering for “all risks” of loss in the amount of the completed value of the Work. The City shall be named as a loss payee and the insurer shall waive all rights of subrogation against the City. 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, return receipt requested, is mailed to the City. Course of Construction Insurance may be provided for each separate Phase.
9.9 Additional Requirements. The procuring of required insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract. City shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Contractor shall be deemed in default hereunder.
9.10 Deductibles. Any deductible or self-insured retentions must be declared to and approved by City. Contractor shall guarantee that, at the option of the City, 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 Contractor); or Contractor shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses in the amount of any deductibles or self- insured retentions.
9.11 Verification of Compliance. Contractor shall furnish City with the required endorsements attached hereto. All documents 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 Contract, Contractor shall deliver to Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 11 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. Contractor shall provide full copies of any requested policies to City within three (3) days of any such request by City.
9.12 Termination for Lack of Required Coverage. If Contractor, for any reason, fails to have in place, at all times during the term of this Contract, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Contractor’s expense and/or terminate this Contract. Contractor shall indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents and volunteers from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain any insurance required by this Contract.
9.13 Equipment Coverage
Any policy or policies of insurance Contractor or his subcontractors elect to carry as insurance against loss or damage to construction equipment and tools or other personal property shall include a provision waiving the insurer’s right of subrogation against City.
10. SECURITY
10.1 Contractor shall not commence the Work under this Contract until Contractor has obtained all security required under this Section and such security has been approved by City as to form, amount and carrier.
10.2 Contractor shall maintain in full force and effect during the term of this Contract a certificate regarding workers' compensation, liability insurance certificates, proof of a valid business license and any other documents required by the Contract. If this Contract is for more than $25,000.00, Contractor shall also maintain in full force and effect during the term of this Contract security guaranteeing one hundred percent (100%) of payment (labor and materials) and separate security guaranteeing one hundred percent (100%) of performance. If bonds are the chosen form of security, they shall be submitted on the forms which are part of the Contract Documents; no substitutions shall be accepted. The performance bond shall remain in effect for all deliverables for one full year from the date of acceptance of the Work to insure that defects which appear within said period will be repaired, replaced, or corrected by the Contractor at his own cost and expense to the satisfaction of the City Engineer within thirty (30) days after written notice thereof by City.
10.3 The surety shall be admitted to do business in California, listed with the State of California Department of Insurance and shall comply with all requirements of State law. (No surplus list surety will be accepted.) (Code of Civil Procedure § 995.311.)
10.4 If during this Contract any of the sureties upon the bonds become insufficient in the opinion of City, City may require additional sureties which Contractor shall furnish to City’s satisfaction within 15 calendar days after written notice and failure to do so shall be considered a default by Contractor.
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 12
11. CITY'S RIGHT TO TERMINATE
11.1 If Contractor refuses or fails to prosecute the Work with such diligence as will insure its completion within the time specified or any extension thereof, or fails to complete the Work within such time, or if Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of his insolvency, or if Contractor or any subcontractor shall violate any of the provisions of this Contract, or should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, or instructions of City or otherwise breach this Contract, City shall serve written notice on Contractor and Contractor's sureties of the intention that this Contract be terminated together with the reasons therefor. Unless within five (5) working days after the service of such notice such condition or violation shall cease or satisfactory arrangements for the correction thereof be made, this Contract shall upon the expiration of said five (5) working days, cease and terminate. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished.
In event of any such termination, City shall immediately serve written notice thereof upon surety and Contractor, and surety shall have the right to take over and perform this Contract, provided, however, that if surety within five (5) working days after service upon it of said notice of termination does not give City written notice of its intention to take over and perform this Contract or does not commence performance thereof within ten (10) working days from the date of serving such notice, City may take over the Project and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor, and Contractor and its surety shall be jointly and severally liable to City for any excess cost or other damages occasioned City thereby. If City takes over the Project as herein above provided, City may, without liability for so doing, take possession of, and utilize in completing the Project, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Project and necessary therefor.
In the event of any such termination, Contractor will be paid for Work performed, less damages caused to City by the acts of Contractor causing the termination.
11.2 City may terminate the Contract at its own discretion for any reason. Upon such termination, City will pay Contractor fair and reasonable compensation as agreed upon between City and Contractor. In the event that no agreement is reached, City will be liable to Contractor only for the reasonable value of the Work performed and other actual costs sustained by Contractor.
12. WAIVER
No waiver of any provision of this Contract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 13 constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
13. NOTICE
13.1 Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving notice or by a duly authorized representative of such party. Any notice shall not be effective for any purpose whatever unless served in the following manner:
13.2 Whenever it shall be necessary for either party to serve notice on the other respecting the Contract, such notice shall be in writing and served by personal delivery or by registered mail, postage prepaid, return receipt requested, addressed as follows:
City: City of Gardena
Allan Rigg
Director of Public Works/City Engineer
1717 W. 162 nd Street
Gardena, CA 90247
Contractor: Precision Concrete Cutting
13089 Peyton Drive, #C235
Chino Hills, CA 91709
unless and until different addresses may be furnished in writing by either party to the other.
14. ASSIGNMENT
14.1 Contractor shall not assign the performance of the Contract, nor any part thereof, nor any monies due or to become due hereunder, without the prior written consent of City.
14.2 Subject to the provision of this Section regarding assignment, the Contract shall be binding upon the heirs, executors, administrators, successors, and assigns of Contractor.
15. ATTORNEY'S FEES
Except as specifically provided for herein, attorney’s fees shall not be awarded to either party in any action in law or in equity, including an action for declaratory relief, brought to enforce or interpret the provisions of this Contract or to assert any claim resulting or alleged to result from its performance.
16. MISCELLANEOUS PROVISIONS
16.1 The Contract shall be effective from and after the date that this Contract is signed by the representatives of City.
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 14
16.2 This Contract may be made in counterparts.
16.3 The captions of the articles, sections, subsections, paragraphs and subparagraphs of the Contract are for reference only and are not to be construed in any way as a part of the Contract.
16.4 The rights and remedies contained in this Contract are cumulative, and in addition to and not in limitation of, any right or remedy at law or in equity to which City may be entitled.
16.5 Pursuant to Gardena Municipal Code Section 2.24.020(H), Contractor is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the city of Gardena until completion of Work.
17. ENTIRE AGREEMENT
17.1 This Contract integrates all terms and conditions in connection with the Work and supersedes all negotiations and prior understandings, either oral or in writing, in respect to the subject matter hereof.
17.2 The Contract shall not be amended except by a writing duly executed by the parties.
18. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Contract and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Contract. No provision of this Contract 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.
19. Claims Disputes
Any claims of Contractor, as “claims” are defined in California Public Contract Code Section 9204 shall be processed in accordance with that section. Section 9204 provides in relevant part that upon receiving a claim from a contractor, together with reasonable documentation to support the claim, a contracting public entity shall conduct a reasonable review of the claim and, within a period not to exceed 45 days [except as otherwise provided in Section 9204], shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. If the contractor disputes the public entity’s written response, or if the public entity fails to respond to a claim within the time prescribed, the contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 15 undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the contractor sharing the associated costs equally. The public entity and contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to other applicable procedures.
IN WITNESS WHEREOF, THE PARTIES hereto have caused this Contract to be executed and attested by their duly authorized officers.
CITY CONTRACTOR
By: By:
CITY MANAGER (Sign) Sign / Title
Date: Date:
SEAL
Attest: Attest : (Contractor)
By:
CITY CLERK (Sign) By:
Sign / Title
Date: Date:
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
CITY ATTORNEY (Sign)
Date:
2.27.2024
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 16 (To be submitted after award)
CONTRACT
PROJECT NO. JN 527
FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Gardena has awarded to Precision Concrete Cutting hereinafter designated as the "Principal", a Contract for:
PROJECT: Pedestrian Safety Project FY 2023-2024, Trip Hazard Removal Concrete
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we, as Principal, and
___________________________________________________________as Surety, are held and firmly bound unto the City, as Obligee, in the sum ($___________ ), lawful money of the United States of America, this amount being not less than one hundred percent (100%) of the total Contract price, , for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay all court costs and reasonable attorneys’ fees to the City of Gardena in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 17 This bond shall remain in full force and effect for a warranty period of one full year after acceptance of the job by the City.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 2024, the
name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
[PRINCIPAL]
By
Title
Signature
[SURETY]
By
Title
Address
Phone No.
Signature
All signatures must be notarized.
Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.
Corporations must affix corporate seal.
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 18 (To be submitted after award)
CONTRACT
PROJECT NO. JN 527
PAYMENT BOND
WHEREAS, the City of Gardena has awarded to Precision Concrete Cutting, as Contractor, a contract for the work described as follows:
PROJECT: Pedestrian Safety Project FY 2023-2024, Trip Hazard Removal Concrete
AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of one-hundred seventy-two thousand, Dollars ($172,000.00) this amount being not less than one hundred percent (100%) of the total Contract price, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, or any other amounts due to persons under any applicable project contract or law, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 19 This bond shall remain in full force and effect for six full months after the period in which verified claims may be filed as provided for in Section 3184 of the California Civil Code.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 2024, the
name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
[PRINCIPAL]
By
Title
Signature
[SURETY]
By
Title
Address
Phone No.
Signature
All signatures must be notarized.
Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.
Corporations must affix corporate seal.
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 20 (To be submitted with bid/quote)
(To be submitted after award)
CONTRACT
PROJECT NO. JN 527
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract.
DATED:
CONTRACTOR
By
Signature
Title
ATTEST:
By
Signature
Title
(To be submitted with bid/quote)
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 21 (To be submitted with bid/quote)
PROPOSAL
PROJECT NO. JN 527
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the City.
The bidder shall also designate in the space provided indicating whether or not the subcontractor qualifies as a Woman Owned Business Enterprise, "WBE”, or a Minority Business Enterprise, "MBE”.
WBE Portion State
or of Subcontractor's Type of License
MBE Work % Name and Address Work Number Class
____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______
Not more than _____%.
(To be submitted with bid/quote)
Ped Safety Improvements FY 2023-2024 – Trip Hazard Removal 22
PROPOSAL
PROJECT NO. JN 527
NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)
State of California
County of Los Angeles
being first duly sworn, deposes and
says that he or she is of
the party making the foregoing bid, that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid.
NAME OF BIDDER
SIGNATURE OF BIDDER
ADDRESS OF BIDDER
CITY STATE ZIP
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)