8.38.2.2 If this Subaward (or any part thereof) is terminated, Subrecipient must preserve and make all records, relating to the Work terminated, available during the authorized
retention period of this Subaward. Subrecipient must ensure that any resource directories and all Client records remain the property of County upon termination of this Subaward, and that they are returned to County or transferred to another subrecipient as instructed by County in writing.
8.38.2.3 In the event of any litigation, claim, negotiation, audit exception or other action involving the records, Subrecipient must maintain all records relative to such action and must make them available to County and/or its duly authorized representatives until every action has been cleared to the satisfaction of County and/or its duly authorized
representatives, and such clearance must be evidenced to Subrecipient in writing.
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8.38.2.4 County reserves the right to take physical custody of Subrecipient's records when any of the following situations occur: in the event that a potential litigation may be levied against Subrecipient for its Work performed under this
Subaward; when County determines that Subrecipient is at a high risk of ceasing its operations during any time within the Subaward term or prior to the end of the retention period; when County determines that the records have long-term
value; and/or, in the event that County and Subrecipient terminate the contractual relationship. For purposes of this Subaward, high risk is determined by County using criteria which includes but is not limited to the following: history of unsatisfactory contractual performance; financial instability or insolvency; documented evidence of an inadequate
management system and lack of internal controls; non-
conformance to the terms and conditions of previous awards; non-responsible; and/or history of disallowed costs.
8.38.3 Monitoring Reviews
8.38.3.1 Subrecipient must provide the Services herein under the general supervision of County's Director and their authorized administrators who are designated in Paragraph 6.0
(Administration of Subaward-County). County will supervise, monitor, and specify the kind, quality, appropriateness, timeliness, and amount of the Services to be provided by Subrecipient as well as the criteria for determining the persons to be served (Clients). Subrecipient must extend to County and to representatives authorized by County
(including, but not limited to, State and Federal
representatives) the right to observe, review and monitor Subrecipient's facilities, programs, records, procedures, performance, activities, or documents, which are used under this Subaward. Subrecipient must provide County (or other designated authorities) the right to conduct such reviews at any time during County's business hours. County (or other designated authorities) will not unreasonably interfere with Subrecipient's performance. The requirements of this
Subparagraph 8.38 will also apply to Lower Tier
Subrecipients providing Services on behalf of Subrecipient.
8.38.3.1.1 Subrecipient acknowledges County is required to verify directly with clients that they have
received the Services specified in this
Agreement and billed by Subrecipient to County.
Subrecipient must provide all client contact
information upon request.
8.38.3.1.2 Failure to provide client verification or other information as requested by County, or its
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representatives, will be considered
noncompliance. Noncompliance penalties
include sanctioning, which may consist of
suspension, withholding of invoice payments
and/or disallowed costs, and all other rights
County reserves in noncompliance situations as
established in this Agreement, up to and
including termination.
8.38.3.2 County will monitor Subrecipient's Services provided under this Subaward on a regular basis and County may conduct unannounced site visits to ensure Subrecipient's compliance with this Subaward. County will summarize the results of the monitoring efforts in written reports, which will be supported with documented evidence of follow-up actions taken to
correct areas of non-compliance. Monitoring activities may include, but are not limited to interviewing Subrecipient employees and, when applicable, Clients; entering any
premises or any site in which any of the Services or activities funded are being conducted or in which any records of
Subrecipient are kept; etc. All information will be maintained in a confidential manner in accordance with any and all Federal, State, and local laws.
8.38.3.3 Subrecipient must be responsible for monitoring the activities of any approved Lower Tier Subrecipient(s) providing
Services under this Subaward. Subrecipient must conduct on-site fiscal and program monitoring reviews which must be documented and maintained on file according to the record retention requirements provided in this Subparagraph 8.38.
Subrecipient must ensure that Lower Tier Subrecipient(s) adheres to all requirements for correcting areas of non- compliance, and implements the corrective action plan which has been approved by Subrecipient.
8.38.4 Independent Audit Requirements
8.38.4.1 Title 45 Code of Federal Regulations Part 75.500 et seq. and Title 2 Code of Federal Regulations Part 200.500 et seq. requires that organizations which expend seven hundred fifty thousand dollars ($750,000) or more in a year in Federal awards, including pass-through awards, must obtain an
annual single audit. When Subrecipient's organization meets this requirement (as specified in Title 45 Code of Federal Regulations Part 75.500 et seq. and Title 2 Code of Federal Regulations Part 200.500 et seq.), Subrecipient must ensure that such audit will be conducted by an independent auditor in accordance with the requirements outlined in Title 45 Code of Federal Regulations Part 75.500 et seq. and Title 2 Code of Federal Regulations Part 200.500 et seq. (and any
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amendments or supplements thereto). Subrecipient must
submit an audit engagement letter as confirmation of the audit to be conducted by the independent auditor and such letter must be submitted to County's Compliance Manager in the time and manner as directed by County. Upon auditor's completion of the single audit, Subrecipient must obtain both the data collection form and the reporting package (i.e., auditor's report), as described in Title 45 Code of Federal Regulations Part 75.500 et seq. and Title 2 Code of Federal Regulations Part 200.500 et seq., from the auditor for each audit period (i.e., each Fiscal Year or Program Year).
Subrecipient must submit a copy of the auditor's report to County's Compliance Manager within thirty (30) days after receipt of auditor's report but no later than nine (9) months following the end of the audit period.
8.38.4.2 When the requirements provided above for obtaining an annual audit do not apply to Subrecipient for any Fiscal Year (or Program Year), Subrecipient must make its records
available for review or audit by County and any of its duly authorized representatives (which may include State
authorities, Federal agencies (including, but not limited to, Comptroller of the United States, Office of the Inspector General and General Accounting Office) and/or any of their duly authorized representatives). Such review or audit may include but is not limited to financial audits, performance audits, evaluations, inspections, monitoring, etc. as
determined by County and/or by any other oversight agency that is responsible for overseeing Subaward Sums, the
Program and Services. Subrecipient must comply with the review and audit requirements which must be identified in writing by County and/or its duly authorized representatives.
8.38.4.3 In the event that an audit of Subrecipient is conducted specifically regarding this Subaward by any Federal or State auditor, or by any auditor or accountant employed by
Subrecipient or otherwise, then Subrecipient must file a copy of such audit report with County's Compliance Manager
within thirty (30) days of Subrecipient's receipt thereof, unless otherwise provided by applicable Federal or State law or under this Subaward. Subject to applicable law, County will make a reasonable effort to maintain the confidentiality of such audit report(s).
8.38.4.4 If, at any time during the term of this Subaward or during the authorized retention period of this Subaward as noted in Subparagraph 8.38.1, representatives of County conduct an audit of Subrecipient regarding the Work performed under this Subaward, and if such audit finds that County's dollar liability for any such Work is less than payments made by SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 66
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County to Subrecipient, then the difference will be either: a) repaid by Subrecipient to County by cash payment upon
demand; or, b) at the sole option of County of Los Angeles Department of Auditor-Controller, deducted from any
amounts due to Subrecipient from County, whether under
this Subaward or otherwise. If such audit finds that County's dollar liability for such Work is more than the payments made by County to Subrecipient, then the difference will be paid to Subrecipient by County by cash payment, provided that in no event will County's maximum obligation for this Subaward exceed the funds appropriated by County for the purpose of this Subaward.
8.38.5 Failure to Comply with Requirements
8.38.5.1 Failure on the part of Subrecipient to comply with any of the provisions of this Subparagraph 8.38 will constitute a material breach of this Subaward upon which County may terminate or suspend this Subaward.
8.39 RECYCLED BOND PAPER
8.39.1 Consistent with the Board policy to reduce the amount of solid waste deposited at Los Angeles County landfills, Subrecipient agrees to use recycled-content paper to the maximum extent possible on this Subaward.
8.40 LOWER TIER SUBAWARD
8.40.1 Subrecipient will not delegate the requirements of this Subaward to a third- party ("Lower Tier Subrecipient") without the advance written approval of County. Any attempt by Subrecipient to enter into a Lower Tier Subaward for that purpose without the prior written consent of County will be deemed a material breach of this Subaward. Subrecipient must provide a draft copy of the proposed Lower Tier Subaward to County's Contract Manager, and must allow County up to sixty (60) days to complete its review process. As such, Subrecipient must ensure that it provides the Lower Tier Subaward to County well in advance of its intended date to execute the Lower Tier Subaward (i.e., in order for Subrecipient to meet its target date for executing the Lower Tier Subaward, Subrecipient must factor up to sixty (60) days into its timeline to account for County's review process).
8.40.2 If Subrecipient desires to enter into a Lower Tier Subaward for the purpose of delegating any of the requirements of this Subaward, Subrecipient must complete Exhibit T (List of Lower Tier Subawards) and at County's request must promptly provide the following information either on or along with Exhibit T (List of Lower Tier Subawards):
8.40.2.1 Lower Tier Subrecipient's name and contact information; a description of the Work to be performed by Lower Tier
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Subrecipient; Lower Tier Subaward number; and Lower Tier Subaward amount.
8.40.2.2 A draft copy of the proposed Lower Tier Subaward.
8.40.2.3 Other pertinent information and/or certifications requested by County.
8.40.3 Subrecipient must indemnify, defend, and hold County harmless with respect to the activities of each and every Lower Tier Subrecipient in the same manner and to the same degree as if such Lower Tier Subrecipient(s) was Subrecipient's employee.
8.40.4 Subrecipient will remain fully re sponsible for all performances required of it under this Subaward, including those that Subrecipient has determined to grant through a Lower Tier Subaward, notwithstanding County's approval of Subrecipient's proposed Lower Tier Subaward.
8.40.5 County's consent to allow Subrecipient to enter into a Lower Tier Subaward with a third-party will not waive County's right to prior and continuing approval of any and all personnel, including Lower Tier Subrecipient employees, providing Services under this Subaward.
Subrecipient is responsible for notifying any approved Lower Tier Subrecipients of this County right.
8.40.6 County's Contract Manager is authorized to act for and on behalf of County with respect to approval of any Lower Tier Subaward and Lower Tier Subrecipient employees. After County's approval of the Lower Tier Subaward, Subrecipient must forward a copy of the fully executed Lower Tier Subaward to County's Contract Manager within five (5) days of its execution.
8.40.7 Subrecipient will be solely liable and responsible for all payments or other compensation to all Lower Tier Subrecipients and their officers, employees, agents, and successors in interest arising through Services performed hereunder, notwithstanding County's consent to allow Subrecipient to enter into such Lower Tier Subaward(s).
8.40.8 Subrecipient must obtain current valid certificates of insurance, which establish that each Lower Tier Subrecipient maintains all the programs of insurance required by County in accordance with Subparagraph 8.24.9 (Lower Tier Subrecipient Insurance Coverage Requirements). In addition to meeting the requirements noted in Subparagraph 8.24 (General Provisions for All Insurance Coverage) and Subparagraph 8.25 (Insurance Coverage), such certificates of insurance must also indicate the Lower Tier Subaward number for each Lower Tier Subrecipient. Before any Lower Tier Subrecipient employee performs any Work hereunder, Subrecipient must ensure delivery of all such documents to County's Contract Manager or designee.
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8.40.9 Amending a Lower Tier Subaward may be initiated by either Subrecipient or County. When an amendment is initiated by County, County will outline the reason(s) for the amendment and Subrecipient must comply with County's request. All Lower Tier Subaward amendments are subject to review and must be approved in writing by County before they are executed. Subrecipient must provide a draft copy of the proposed amendment to County's Contract Manager, and must allow County up to thirty (30) days to complete its review process. After County's approval of Subrecipient's amendment, Subrecipient must forward a copy of the fully executed amendment to County's Contract Manager within five (5) days of its execution.
8.40.10 Subrecipient must adhere to all app licable Federal, State and/or County requirements for the procurement of a Lower Tier Subrecipient(s) and/or vendor services using Subaward Sums.
8.40.11 In the event County approves Subrecipient's request to delegate any part of the requirements of this Subaward through a Lower Tier Subaward, all applicable provisions, and requirements of this Subaward must be made applicable to such Lower Tier Subaward. To this end, Subrecipient must include the following provision in the Lower Tier Subaward: This agreement is a Lower Tier Subaward under the terms of a prime Subaward (identified as Subaward Number ENP242504) with County of Los Angeles Aging and Disabilities Department and will be subject to all of the provisions of such prime Subaward. All representations and warranties under this Lower Tier Subaward must inure to the benefit of County of Los Angeles.
8.40.12 Pursuant to the provisions of this Subaward, County has the right to review and consent (or not consent) to Subrecipient's use of Lower Tier Subrecipients that have been procured in compliance with State and/or federal guidelines applicable to the funding source(s) identified in Subparagraph 5.1.2 (Funding Allocations). County's approval of the proposed Lower Tier Subaward will not be deemed as validation of the procurement method used by Subrecipient, and only reflects County's approval as to the form of the Lower Tier Subaward terms and conditions as well as the services being provided under such agreement.
8.40.13 When entering into a Lower Tier Subaward with a qualified organization, Subrecipient must maintain documentation that supports/justifies the procurement method and evaluation process used by Subrecipient to select the qualified vendor for a Lower Tier Subaward. County's continuing consent to a Lower Tier Subaward is contingent upon Subrecipient's assurance that the procurement process was compliant with the requirements noted herein as well as all other Subaward requirements, and that the Lower Tier Subrecipient continues to retain staff and infrastructure experienced with providing the necessary services.
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authorities. If Subrecipient executes a Lower Tier Subaward that is deemed non-compliant with the requirements of this Subaward or applicable federal, State, or County regulations, any costs incurred under that Lower Tier Subaward may be disallowed, resulting in Subrecipient's liability to County for the repayment of any charged costs and/or not being reimbursed for any of those incurred costs yet to be billed.
8.40.15 Subrecipient must ensure that any approved Lower Tier Subrecipient(s) complies with the requirements of California Public Contract Code Section 2010 by submitting a completed Exhibit L (California Civil Rights Laws Certification) for Lower Tier Subrecipient(s) as a condition of executing this Subaward.
8.41 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE
WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM
8.41.1 Failure of Subrecipient (that is, "Contractor") to maintain compliance with the requirements set forth in Subparagraph 8.14 (Contractor's Warranty of Adherence to County's Child Support Compliance Program), will constitute default under this Subaward (that is, "Contract"). Without limiting the rights and remedies available to County under any other provision of this Contract, failure of Contractor to cure such default within ninety (90) calendar days of written notice will be grounds upon which County may terminate this Contract pursuant to Subparagraph 8.43 (Termination for Default) and pursue debarment of Contractor, pursuant to County Code Chapter 2.202.
8.42 TERMINATION FOR CONVENIENCE
8.42.1 County may terminate this Subaward, in whole or in part, from time to time or permanently, when such action is deemed by County, in its sole discretion, to be in its best interest. Termination of Work hereunder will be effected by notice of termination to Subrecipient specifying the extent to which performance of Work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective will be no less than thirty (30) calendar days after the notice is sent.
8.42.2 After receipt of a notice of termination and except as otherwise directed by County, Subrecipient must:
8.42.2.1 Stop Work under this Subaward on the date and to the extent specified in such notice;
8.42.2.2 Complete performance of such part of the Work as would not have been terminated by such notice;
8.42.2.3 Transfer title and deliver to County all completed Work and Work in progress.
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8.42.3 All material including books, records, documents, or other evidence bearing on the costs and expenses of Subrecipient under this Subaward must be maintained by Subrecipient in accordance with Subparagraph
8.38 (Record Retention, Inspection and Audit Settlement).
8.43 TERMINATION FOR DEFAULT
8.43.1 County may, by written notice to Subrecipient, terminate the whole or any part of this Subaward, if, in the judgment of County:
8.43.1.1 Subrecipient has materially breached this Subaward; or
8.43.1.2 Subrecipient fails to timely provide and/or satisfactorily perform any task, deliverable, Service, or other work required under this Subaward; or
8.43.1.3 Subrecipient fails to demonstrate a high probability of timely fulfillment of performance requirements under this Subaward, or of any obligations of this Subaward and in either case, fails to demonstrate convincing progress toward a cure within five (5) business days (or such longer period as County may
authorize in writing) after receipt of written notice from County specifying such failure.
8.43.2 In the event that County terminates this Subaward in whole or in part as provided in Subparagraph 8.43.1, County may procure, upon such terms and in such manner as County may deem appropriate, goods and Services similar to those so terminated. Subrecipient will be liable to County for any and all excess costs incurred by County, as determined by County, for such similar goods and Services. Subrecipient will continue the performance of this Subaward to the extent not terminated under the provisions of this Subparagraph 8.43.
8.43.3 Except with respect to defaults of any Lower Tier Subrecipient, Subrecipient will not be liable for any such excess costs of the type identified in Subparagraph 8.43.2 if its failure to perform this Subaward arises out of causes beyond the control and without the fault or negligence of Subrecipient. Such causes may include, but are not limited to acts of nature or of the public enemy, acts of County in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of Subrecipient. If the failure to perform is caused by the default of a Lower Tier Subrecipient, and if such default arises out of causes beyond the control of both Subrecipient and Lower Tier Subrecipient, and without the fault or negligence of either of them, Subrecipient will not be liable for any such excess costs for failure to perform, unless the goods or Services to be furnished by the Lower Tier Subrecipient were obtainable from other sources in sufficient time to SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 71
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permit Subrecipient to meet the required performance schedule. As used in this Subparagraph 8.43, the term "Lower Tier Subrecipient(s)" means Lower Tier Subrecipient(s) at any tier.
8.43.4 If, after County has given notice of termination under the provisions of this Subparagraph 8.43, it is determined by County that Subrecipient was not in default under the provisions of this Subparagraph 8.43, or that the default was excusable under the provisions of subparagraph 8.43.3, the rights and obligations of the parties will be the same as if the notice of termination had been issued pursuant to Subparagraph 8.42 (Termination for Convenience).
8.43.5 The rights and remedies of County provided in this Subparagraph 8.43, will not be exclusive and are in addition to any other rights and remedies provided by law or under this Subaward.
8.44 TERMINATION FOR IMPROPER CONSIDERATION
8.44.1 County may, by written notice to Subrecipient (that is "Contractor"), immediately terminate the right of Contractor to proceed under this Subaward (that is, "Contract") if it is found that consideration, in any form, was offered or given by Contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to Contractor's performance pursuant to this Contract. In the event of such termination, County will be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
8.44.2 Contractor must immediately report any attempt by a County officer, employee, or agent to solicit such improper consideration. The report must be made to Los Angeles County Fraud Hotline at (800) 544-6861 or https://fraud.lacounty.gov/.
8.44.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts.
8.45 TERMINATION FOR INSOLVENCY
8.45.1 County may terminate this Subaward forthwith in the event of the occurrence of any of the following:
8.45.1.1 Insolvency of Subrecipient. Subrecipient will be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not Subrecipient is insolvent within the meaning of the Federal Bankruptcy Code;
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8.45.1.2 The filing of a voluntary or involuntary petition regarding Subrecipient under the Federal Bankruptcy Code;
8.45.1.3 The appointment of a Receiver or Trustee for Subrecipient; or
8.45.1.4 The execution by Subrecipient of a general assignment for the benefit of creditors.
8.45.2 The rights and remedies of County provided in this Subparagraph 8.45 will not be exclusive and are in addition to any other rights and remedies provided by law or under this Subaward.
8.46 TERMINATION FOR NON - ADHERENCE OF COUNTY LOBBYIST ORDINANCE
8.46.1 Subrecipient (that is, "Contractor") and each County Lobbyist or County Lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by Contractor must fully comply with County's Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Contractor or any County Lobbyist or County Lobbying firm retained by Contractor to fully comply with County's Lobbyist Ordinance will constitute a material breach of this Subaward (that is, "Contract"), upon which County may in its sole discretion, immediately terminate or suspend this Contract.
8.47 TERMINATION FOR NON - APPROPRIATION OF FUNDS
8.47.1 Notwithstanding any other provision of this Subaward, County will not be obligated for Subrecipient's performance hereunder or by any provision of this Subaward during any of County's future Fiscal Years unless and until County's Board appropriates funds for this Subaward in County's budget for each such future Fiscal Year. In the event that funds are not appropriated for this Subaward, then this Subaward will terminate as of June 30 of the last Fiscal Year for which funds were appropriated. County will notify Subrecipient in writing of any such non-allocation of funds at the earliest possible date.
8.48 VALIDITY
8.48.1 If any provision of this Subaward or the application thereof to any person or circumstance is held invalid, the remainder of this Subaward and the application of such provision to other persons or circumstances will not be affected thereby.
8.49 WAIVER
8.49.1 No waiver by County of any breach of any provision of this Subaward will constitute a waiver of any other breach or of such provision. Failure of County to enforce at any time, or from time to time, any provision of this Subaward will not be construed as a waiver thereof. The rights and remedies set forth in this Subparagraph 8.49, will not be exclusive and are SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 73
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in addition to any other rights and remedies provided by law or under this Subaward.
8.50 WARRANTY AGAINST CONTINGENT FEES
8.50.1 Subrecipient warrants that no person or selling agency has been employed or retained to solicit or secure this Subaward upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Subrecipient for the purpose of securing business.
8.50.2 For breach of this warranty, County will have the right to terminate this Subaward and, at its sole discretion, deduct from the Subaward Sum or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8.51 WARRANTY OF COMPLIANCE WITH COUNTY'S DEFAULTED PROPERTY TAX
REDUCTION PROGRAM
8.51.1 Subrecipient acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. Unless Subrecipient qualifies for an exemption or exclusion, Subrecipient warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Subaward will maintain compliance, with Los Angeles County Code Chapter 2.206 .
Prior to the commencement of this Su baward, Subrecipient will complete Exhibit V (Certification of Compliance with County’s Defaulted Property Tax Reduction Program) and submit it to Co unty’s Contract Analyst in the time and manner as designated by County.
8.52 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE
WITH COUNTY' S DEFAULTED PROPERTY TAX REDUCTION PROGRAM
8.52.1 Failure of Subrecipient to maintain compliance with the requirements set forth in Subparagraph 8.51 (Warranty of Compliance with County's Defaulted Property Tax Reduction Program), will constitute default under this Subaward. Without limiting the rights and remedies available to County under any other provision of this Subaward, failure of Subrecipient to cure such default within ten (10) days of notice will be grounds upon which County may terminate this Subaward and/or pursue debarment of Subrecipient, pursuant to Los Angeles County Code Chapter 2.206. Prior to the commencement of this Subaward, Subrecipient must complete Exhibit V (Certification of Compliance with County’s Defaulted Property Tax Reduction Program) and submit it to County’s Contract Manager in the time and manner as designated by County.
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8.53 TIME OFF FOR VOTING
8.53.1 Subrecipient must notify and provide its employees, and must require each Lower Tier Subrecipient to notify and provide its employees, information regarding the time off for voting law pursuant to California Elections Code Section 14000. Not less than ten (10) days before every statewide election, Subrecipient and any approved Lower Tier Subrecipient(s) must keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000.
8.54 COMPLIANCE WITH COUNTY'S ZERO TOLERANCE HUMAN TRAFFICKING POLICY
8.54.1 Subrecipient (that is, "Contractor") acknowledges that County has established a Zero Tolerance Human Trafficking Policy which prohibits Contractor and member of Contractor's staff from engaging in human trafficking.
8.54.2 If Contractor or member of Contractor's staff is convicted of a human trafficking offense, County will require that Contractor or member of Contractor's staff be removed immediately from performing Services under this Subaward (that is, "Contract"). County will not be under any obligation to disclose confidential information regarding the offense(s) other than those required by law.
8.54.3 Disqualification of Contractor or member of Contractor's staff pursuant to this Subparagraph 8.54 will not relieve Contractor of its obligation to complete all Work in accordance with the terms and conditions of this Contract.
8.55 INTENTIONALLY OMITTED
8.56 COMPLIANCE WITH FAIR CHANCE EMPLOYMENT PRACTICES
8.56.1 Subrecipient (that is, "Contractor"), and its Lower Tier Subrecipient(s) must comply with fair chance employment hiring practices set forth in California Government Code Section 12952 . Contractor's violation of this Subparagraph 8.56 may constitute a material breach of this Subaward (that is, "Contract"). In the event of such material breach, County may, in its sole discretion, terminate this Contract.
8.57 COMPLIANCE WITH COUNTY POLICY OF EQUITY
8.57.1 Subrecipient acknowledges that County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in County Policy of Equity (CPOE) (https://ceop.lacounty.gov/).
Subrecipient further acknowledges that County strives to provide a workplace free from discriminatio n, harassment, retaliation, and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. Subrecipient, its employees and Lower Tier SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 75
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Subrecipient(s) acknowledge and certify receipt and understanding of the CPOE. Failure of Subrecipient, its employees or any approved Lower Tier Subrecipient(s) to uphold County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject Subrecipient to termination of contractual agreements as well as civil liability.
8.58 PROHIBITION FROM PARTICIPATION IN FUTURE SOLICITATION(S)
8.58.1 A Proposer, or a Subrecipient (that is, "Contractor") or its subsidiary or Lower Tier Subrecipient (that is, "Subcontractor") ("Proposer/Contractor"), is prohibited from submitting a bid or proposal in a County solicitation if Proposer/Contractor has provided advice or consultation for the solicitation. A Proposer/Contractor is also prohibited from submitting a bid or proposal in a County solicitation if Proposer/Contractor has developed or prepared any of the solicitation materials on behalf of County. A violation of this provision will result in the disqualification of Proposer/Contractor from participation in County solicitation or the termination or cancellation of any resultant County contract.
8.59 INJURY AND ILLNESS PREVENTION PROGRAM
8.59.1 Subrecipient will be required to comply with the State of California’s Cal OSHA’s regulations. California Code of Regulations Title 8 Section 3203 requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addresses hazards pertaining to the particular workplace covered by the program.
8.60 CAMPAIGN CONTRIBUTION PROHIBITING FOLLOWING FINAL DECISION IN
SUBAWARD PROCEEDING
8.60.1 Pursuant to Government Code Section 84308 , Subrecipient and its Lower Tier Subrecipients, are prohibited from making a contribution of more than $250 to a County officer for twelve (12) months after the date of the final decision in the proceeding involving this Subaward. Failure to comply with the provisions of Government Code Section 84308 and of this subparagraph, may be a material breach of this Subaward as determined in the sole discretion of the County.
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9.0 UNIQUE TERMS AND CONDITIONS
9.1 ALLEGATIONS OF FRAUD AND/OR ABUSE
9.1.1 Fraud Prevention Reporting
9.1.1.1 Subrecipient's staff working on this Subaward must immediately report all suspected or actual instances of fraud as designated in Exhibit Q (Accounting, Administration and Reporting
Requirements).
9.1.2 Child Abuse Reporting
9.1.2.1 Subrecipient's staff working on this Subaward must comply with the Child Abuse and Neglect Reporting Act (California Penal Code (PC) Section 11164 et seq.), and must report all known and suspected instances of child abuse to an
appropriate child protective agency, as mandated by the referenced Penal Code. Additionally, Subrecipient's staff working on this Subaward must also report such abuse to the County of Los Angeles Department of Children and Family Services by calling the hotline at (800) 540-4000 within twenty-four (24) hours of discovering or suspecting the abuse.
Subrecipient's staff must submit all required information to the appropriate authorities in accordance with PC Sections 11166 and 1116
9.1.3 Elder and Dependent Adult Abuse R7.eporting
9.1.3.1 Subrecipient's staff working on this Subaward must comply with the Elder Abuse and Dependent Adult Civil Protection Act (California Welfare and Institutions Code (WIC) Section 15600 et seq.), and must report all known or suspected
instances of physical abuse of elders and dependent adults either to an appropriate County adult protective services agency or to a local law enforcement agency, as mandated by the referenced Welfare and Institutions Code.
Subrecipient's staff working on this Subaward must report the abuse and must submit all required information in
accordance with WIC Sections 15630, 15633 and 15633.5.
9.1.4 Withholding of Payment
9.1.4.1 In the event that allegations of fraud and/or abuse are levied against Subrecipient or any individual or entity performing Work under this Subaward on behalf of Subrecipient, County reserves the right to withhold either ten percent (10%) of the Subaward Sum allocated for any Fiscal Year under this
Subaward or the entire amount of the final year-end invoice, whichever is greater, until a determination is issued in writing by County that withheld funds will be released to Subrecipient.
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For purposes of this Subaward, fraud and abuse will include but are not limited to the following: misapplication of funds; embezzlement; forgery; theft; solicitation and receipt of bribes; falsification of records; inauditable records;
unsupported or undocumented Subaward expenditures;
inaccurate fiscal and/or Program reports; misuse of fixed assets or non-fixed assets purchased with Subaward Sums (when the procurement of such assets are authorized in this Subaward); violation of conflict of interest requirements; etc.
9.2 AMERICANS WITH DISABILITIES ACT (ADA)
9.2.1 Subrecipient must abide by all app licable Federal, State, and local laws including the Americans with Disabilities Act (ADA) and its requirement to provide reasonable accommodations and auxiliary aids or services, unless compliance with the ADA would place an undue financial burden on, or would fundamentally alter the nature of, Subrecipient's operations.
Subrecipient must submit demonstrable evidence of such undue financial burden to County in such circumstances.
9.3 CONTRACTOR'S CHARITABLE ACTIVITIES COMPLIANCE
9.3.1 The Supervision of Trustees and Fundraisers for Charitable Purposes Act regulates entities receiving or raising charitable contributions. The "Nonprofit Integrity Act of 2004" (Senate Bill 1262, Chapter 919) increased Charitable Purposes Act requirements. By requiring Subrecipient (that is, "Contractor") to complete Exhibit J (CharitableContributions Certification), County seeks to ensure that all County contractors which receive or raise charitable contributions comply with California law in order to protect Los Angeles County and its taxpayers. When Contractor receives or raises charitable contributions without complying with its obligations under California law, Contractor commits a material breach subjecting it to termination of this Subaward (that is, "Contract"), debarment proceedings or both (County Code Chapter 2.202). Prior to the commencement of this Contract, Contractor must submit the completed Exhibit J (Charitable Contributions Certification) to County's Contract Manager in the time and manner as designated by County.
9.4 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)
9.4.1 County is subject to the Administrative Simplification requirements and prohibitions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"), and regulations promulgated thereunder, including the Privacy, Security, Breach Notification, and Enforcement Rules which are outlined in Title 45 Code of Federal Regulations Sections 160 and 164 (collectively "HIPAA Rules"). Under this Subaward, Subrecipient provides Services to County and Subrecipient creates, has access to, receives, maintains, or transmits Protected Health Information as defined in Exhibit I (Business Associate Agreement Under SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 78
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the Health Insurance Portability and Accountability Act of 1996 (HIPAA)) in order to provide those Services. County and Subrecipient therefore agree to the terms of Exhibit I (Business Associate Agreement Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)).
9.5 FIXED ASSETS, NON-FIXED ASSETS AND SUPPLIES
9.5.1 Subrecipient may use Subaward Sums to purchase Fixed Assets, Non- Fixed Assets and Supplies, which are defined in Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, Non-Fixed Assets and Supplies) contingent upon County's prior approval. Subrecipient must adhere to the purchase, inventory and disposal requirements for all Fixed Assets, Non-Fixed Assets and Supplies purchased with Subaward Sums, as provided by Federal and State regulations as well as the requirements outlined in Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, Non-Fixed Assets and Supplies).
9.5.2 This Subaward involves the furnishing of equipment, materials and/or supplies. As such, it is unlawful for Subrecipient when engaged in business within the State to use any article or product as a "loss leader" as defined in the Business and Professions Code Section 17030.
9.6 LIMITATION ON CORPORATE ACTS
9.6.1 Subrecipient must not amend its articles of incorporation or bylaws, move to dissolve, or transfer any assets obtained using Subaward Sums, or take any other steps which may materially affect the performance of this Subaward without first notifying County in writing no less than thirty (30) days prior to said action. Subrecipient must notify County's Contract Manager immediately in writing of any change in Subrecipient's corporate name.
9.6.2 If, in County's sole discretion, the steps taken by Subrecipient are determined to materially affect Subrecipient's performance of this Subaward, County may, at its sole discretion, take any (or all) of the following actions:
9.6.2.1 Require Subrecipient to remedy the areas that affect Subrecipient's ability to perform its obligations under this Subaward.
9.6.2.2 Suspend Subrecipient from performing (and receiving payment for) Subaward tasks until a remedy has been
reached.
9.6.2.3 Terminate this Subaward pursuant to Subparagraph 8.43 (Termination for Default).
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9.7 INTENTIONALLY OMITTED
9.8 MANDATORY REQUIREMENT TO REGISTER ON COUNTY'S WEBVEN
9.8.1 Subrecipient represents and warrants that it has registered in Los Angeles County's vendor registration system ("WebVen"). The WebVen contains Subrecipient's business profile and identifies the goods/services being provided by Subrecipient. Subrecipient must ensure that it updates its vendor profile whenever changes occur to Subrecipient's operations by accessing the WebVen site located on-line at:
http://camisvr.co.la.ca.us/webven/. County will use the data obtained from Subrecipient's WebVen profile to ensure that Subrecipient's information is consistent with Subaward records (e.g., Subrecipient's legal name, as reflected in its WebVen profile, will be used in all Subaward documents).
9.9 MODIFICATIONS
9.9.1 Modifications to this Subaward
9.9.1.1 This Subaward fully expresses the agreement of the parties.
Any modification to this Subaward must be by means of a separate written document approved by County. No oral
conversation between any officer, employee or agent of the parties must modify or otherwise amend this Subaward in any way. For purposes of this Subparagraph 9.9, a
Modification:
9.9.1.1.1 Is a mechanism that allows Subrecipient to
revise its Budget(s) or Services during the
Fiscal Year or Program Year without adversely
affecting Subrecipient's ability to fulfill its
obligations under this Subaward (i.e., such
Modification must not materially change
Subrecipient's obligation to provide the Services
outlined in Exhibit A (Statement of Work and
Attachments)).
9.9.1.1.2 Allows Subrecipient to fully utilize Subaward Sums to fulfill the requirements of this
Subaward and adequately cover the provision
of Services.
9.9.1.1.3 Is approved by County in writing, must be in the best interests of County and Subrecipient must
adhere to it in its entirety.
9.9.1.2 Any Modification, as described below, will not change the terms, goals, or requirements of this Subaward. Such
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goals. Subrecipient's request for Modifications, either budgetary or programmatic, must be submitted in writing to either County's Contract Manager or County's Program
Manager, respectively. Subrecipient must not request a
Modification during the first quarter and during the last two (2) months of the current Fiscal Year or Program Year (except where a written waiver is requested by Subrecipient and granted by County).
9.9.2 Budget Modifications
9.9.2.1 The movement of funds within an approved Budget(s) from one line item to another line item is classified as a Budget Modification. For the entirety of any Fiscal Year or Program Year, a Budget Modification must not exceed twenty percent (20%) of the baseline amount allocated to the line items being modified (i.e., Subrecipient's movement of funds among line items must not cause one line item to be reduced or
increased by more than twenty percent (20%) of its baseline amount). For purposes of this Subparagraph 9.9, baseline is defined as the original amount allocated at the beginning of a Fiscal Year or Program Year; for Fiscal Years or Program Years following the first Fiscal Year or Program Year, such amount may differ from what is reflected in the original Subaward. A Budget Modification will not change the
Subaward Sum allocated for any Fiscal Year or Program
Year under this Subaward. Subrecipient must notify County's Contract Manager in writing to request authorization prior to submitting a Budget Modification. On the date County
approves a Budget Modification, such Budget Modification must supersede any prior Budget Modification(s) approved by County within the same Fiscal Year or Program Year (i.e., when Subrecipient's Budget Modification number two (2) is approved by County, it becomes effective upon the approval date and Subrecipient's Budget Modification number one (1) is no longer effective as of that same date).
9.9.3 Program Modifications
9.9.3.1 The movement of Services from one Service category (as defined in Exhibit A (Statement of Work and Attachments)) to another is classified as a Program Modification. Subrecipient must notify County's Program Manager in writing to request authorization prior to submitting a Program Modification. On the date County approves a Program Modification, such
Program Modification will supersede any prior Program
Modification(s) approved by County within the same Fiscal Year or Program Year (i.e., when Subrecipient's Program Modification number two (2) is approved by County, it
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Program Modification number one (1) is no longer effective as of that same date).
9.10 NEPOTISM
9.10.1 Subrecipient certifies that it will not hire nor permit the hiring of any person in a position funded under this Subaward if a member of the person's immediate family is employed in an administrative capacity by Subrecipient. For purposes of this Subparagraph 9.10, the term "immediate family" means spouse (common law or otherwise, and including domestic partner), child, mother, father, brother, sister, brother- in- law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in- law, aunt, uncle, niece, nephew, step-parent, step-child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by Subrecipient. The term "administrative capacity" means a position that has overall administrative responsibility for the Program, including but not limited to selection, hiring, or supervisory responsibilities.
9.11 OWNERSHIP OF MATERIALS, SOFTWARE AND COPYRIGHT
9.11.1 County will be the sole owner of all right, title, and interest, including copyright, in and to all software, plans, diagrams, facilities, and tools ("materials") which are originated or created through Subrecipient's Work pursuant to this Subaward. Subrecipient, for valuable consideration herein provided, must execute all documents necessary to assign and transfer to, and vest in County all of Subrecipient's right, title and interest in and to such original materials, including any copyright, patent and trade secret rights which arise pursuant to Subrecipient's Work under this Subaward.
9.11.2 During the term of this Subaward and during the authorized retention period of this Subaward, Subrecipient must maintain and provide security for all of Subrecipient's working papers prepared under this Subaward.
County will have the right to inspect, copy and use at any time during the term of this Subaward and during the authorized retention period of this Subaward, any and all such working papers and all information contained therein.
9.11.3 Any and all materials, software and tools which are developed or were originally acquired by Subrecipient outside the scope of this Subaward, which Subrecipient desires to use hereunder, and which Subrecipient considers to be proprietary or confidential, must be specifically identified by Subrecipient to County's Contract Manager as proprietary or confidential, and must be plainly and prominently marked by Subrecipient as "Proprietary" or "Confidential" on each appropriate page of any document containing such material.
9.11.4 County will use reasonable means to ensure that Subrecipient's proprietary and/or confidential items are safeguarded and held in confidence. County agrees not to reproduce, distribute, or disclose to non- SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 82
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County entities any such proprietary and/or confidential items without the prior written consent of Subrecipient.
9.11.5 Notwithstanding any other provision of this Subaward, County will not be obligated to Subrecipient in any way under Subparagraph 9.11.4 for any of Subrecipient's proprietary and/or confidential items which are not plainly and prominently marked with restrictive legends as required by Subparagraph 9.11.3 or for any disclosure which County is required to make under any Federal or State law or order of court.
9.11.6 Notwithstanding any other provision of this Subaward, County and Subrecipient agree that County will have all ownership rights of software or modification thereof and associated documentation designed, developed, or installed using Federal financial participation. The Federal government will have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal government purposes, such software, modifications, and documentation. Notwithstanding any other provision of this Subaward, proprietary operating/vendor software packages, which are provided at established catalog or market prices and sold or leased to the general public, will not be subject to the ownership provisions of this Subparagraph
9.11. 9.12 PATENT, COPYRIGHT AND TRADE SECRET INDEMNIFICATION
9.12.1 Subrecipient must indemnify, hold harmless and defend County from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorneys' fees, for or by reason of any actual or alleged infringement of any third-party's patent or copyright, or any actual or alleged unauthorized trade secret disclosure, arising from or related to the operation and utilization of Subrecipient's Work under this Subaward. County will inform Subrecipient as soon as practicable of any claim or action alleging such infringement or unauthorized disclosure, and will support Subrecipient's defense and settlement thereof.
9.12.2 In the event any equipment, part thereof, or software product becomes the subject of any complaint, claim, or proceeding alleging infringement or unauthorized disclosure, such that County's continued use of such item is formally restrained, enjoined, or subjected to a risk of damages, Subrecipient, at its sole expense, and providing that County's continued use of the system is not materially impeded, will either:
9.12.2.1 Procure for County all rights to continued use of the questioned equipment, part, or software product; or
9.12.2.2 Replace the questioned equipment, part, or software product with a non-questioned item; or
9.12.2.3 Modify the questioned equipment, part, or software so that it is free of claims.
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9.12.3 Subrecipient will have no liability if the alleged infringement or unauthorized disclosure is based upon a use of the questioned product, either alone or in combination with other items not supplied by Subrecipient, in a manner for which the questioned product was not designed nor intended.
9.13 PROBATION AND SUSPENSION
9.13.1 Subrecipient may be placed on probation, suspension or a combination thereof when County determines that Subrecipient is not in compliance with any Service, Work, task, deliverable or requirement outlined in this Subaward and/or when Subrecipient has demonstrated a consistent and significant lack of achievement of the Subaward goals (including, but not limited to, meeting the requirements for Program performance, the Budget(s), expenditures, staffing, administration, etc.). County will notify Subrecipient in writing in the event that Subrecipient is placed on probation, suspension or a combination thereof.
9.13.2 Probation
9.13.2.1 Probation as used herein will mean a specified period of time (as determined by County) during which Subrecipient must remedy all areas of non-compliance which have been
identified by County or its duly authorized representative(s).
County will monitor Subrecipient's adherence to such
remedy(ies) during the probation.
9.13.2.2 When County places Subrecipient on probation, County will provide Subrecipient a written notice indicating the reasons for the probation (which will include a description of the areas of Subrecipient's non-compliance), the date upon which this probation will become effective, the date upon which
Subrecipient must fully remedy all areas of non-compliance and a determination as to whether or not Subrecipient may continue to provide Services during the probation.
9.13.2.3 Subrecipient's ability to obtain future funding may be impacted when Subrecipient does not remedy its non-
compliance during its probation and/or when Subrecipient is placed on multiple probations (as determined by County at County's sole discretion).
9.13.3 Suspension
9.13.3.1 Suspension as used herein will mean a specified period of time (as determined by County) during which County will withhold payment from Subrecipient (i.e., suspension of payment(s)), County will institute a temporary curtailment of the Services provided by Subrecipient and any approved
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or a combination thereof. This Subaward may be suspended in whole or in part, from time to time, when such action is deemed by County in its sole discretion to be in County's best interest. During the suspension, Subrecipient has a
continuing obligation to remedy the areas of non-compliance which have been identified by County or its duly authorized representative(s). County will monitor Subrecipient's
adherence to such remedy(ies) during the suspension.
9.13.3.2 When County suspends Subrecipient, County will provide Subrecipient a written notice indicating the type of
suspension, the reasons for such suspension (which will include a description of the areas of Subrecipient's non- compliance), the date upon which this suspension will
become effective, the date upon which Subrecipient must fully remedy all areas of non-compliance and a determination as to whether or not Subrecipient may continue to provide Services which are not suspended during the suspension.
When County institutes a temporary curtailment of Services, the written notice will include a description of the Service(s) being suspended.
9.13.3.3 At County's sole discretion, when Subrecipient's payment(s) and/or Services are suspended, County may also elect to transfer suspended Services from Subrecipient to another subrecipient for a period of time that will be determined solely by County. Subrecipient's ability to obtain future funding may be impacted when Subrecipient does not remedy its non-
compliance during its suspension and/or when Subrecipient is placed on multiple suspensions (as determined by County at County's sole discretion).
9.13.3.4 Upon receipt of a notice of suspension of Services and except as otherwise directed by County, Subrecipient must:
9.13.3.4.1 Stop providing Services under this Subaward on the date and to the extent specified in such
notice.
9.13.3.4.2 Complete performance of such part of the
Services that is not suspended by such notice.
9.13.3.5 Subrecipient will be promptly paid for Services properly completed up until the time of suspension. Such payment is contingent upon Subrecipient properly completing and timely submitting its invoice(s) for Services completed up until the effective date of suspension.
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9.13.3.6 Suspension will continue for the period specified in the written notice of suspension provided to Subrecipient unless County provides written notice to resume Services at an earlier date.
9.13.3.7 All other terms and remedies provided in this Subaward, including provisions for Termination, will remain valid during any period of suspension.
9.13.4 In response to the notice of probation or suspension, Subrecipient must submit a written Corrective Action Plan to County's Compliance Manager within ten (10) days of the postmark date indicated on the notice from County. Subrecipient's Corrective Action Plan must address all of the deficiencies noted by County.
9.13.5 County will review Subrecipient's Corrective Action Plan and will determine whether it meets the requirements for County's approval. County reserves the right to suspend/deduct payments for or to terminate all or any part of this Subaward (and/or any of Subrecipient's other contracts with County) when Subrecipient submits a Corrective Action Plan that is not acceptable to County.
9.13.6 Subrecipient must implement the Corrective Action Plan upon receiving County's final written approval of the Corrective Action Plan.
Subrecipient's failure to comply with an approved Corrective Action Plan will be cause for material breach of this Subaward upon which County may pursue the remedies for default of Subaward, including, but not limited to, reimbursement for all debt collection costs incurred by County.
9.14 TRANSITION OF SUBAWARD SERVICES
9.14.1 Completion of Subaward
9.14.1.1 Within sixty (60) calendar days prior to the expiration of this Subaward (or shorter time period if notified in writing by County), County will provide Subrecipient written notice of the time period that Subrecipient must allow County or a newly selected subrecipient a transition period for orientation purposes and the orderly transition of Subrecipient's current Services without additional costs to County. Subrecipient must continue to provide Services timely and accurately so that the Services are current at the expiration of this Subaward.
9.14.1.2 Subrecipient must fulfill all responsibilities required under this Subaward including, but not limited to, completing the
closeout procedures identified in Subparagraph 9.21.2
(Closeout Reporting Requirements), implementing the
approved Transition Plan, and performing any other
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another Service provider. County will not be unreasonable in its request(s).
9.14.2 Transition Plan
9.14.2.1 If this Subaward (or any part thereof) is terminated pursuant to any of the termination provisions outlined herein or if it expires pursuant to Paragraph 4.0 (Term of Subaward),
Subrecipient must provide a Transition Plan to County.
Subrecipient must submit said Transition Plan to County's Contract Manager within the timeframe designated by County in the notice of termination or Subrecipient must submit it at least sixty (60) days prior to the expiration of this Subaward as noted in Paragraph 4.0 (Term of Subaward).
9.14.2.2 County will review Subrecipient's Transition Plan and will determine whether it meets the requirements for County's approval. County reserves the right to suspend/deduct
payments under this Subaward and/or under any of
Subrecipient's other contracts with County when
Subrecipient submits a Transition Plan that is not acceptable to County. Subrecipient must adhere to the Transition Plan which, at a minimum, will include all of the elements outlined below.
9.14.3 Elements of the Transition Plan
9.14.3.1 Description of how Clients will be notified about the change in their Service provider.
9.14.3.2 Subrecipient's method to communicate with other organizations that can assist in locating alternative Services.
9.14.3.3 Subrecipient's method to inform community referral sources of the pending termination of Services and what alternatives, if any, exist for future referrals.
9.14.3.4 Subrecipient's method to evaluate Clients in order to assure appropriate placement that will allow Clients to receive Services.
9.14.3.5 Subrecipient's method to transfer any confidential medical and Client records to the new subrecipient in accordance with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 or other Federal, State, or local laws and regulations.
9.14.3.6 Subrecipient's method to dispose of confidential records, which fall outside of the retention period noted in
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Settlement), in accordance with applicable laws and
regulations, and the terms of this Subaward.
9.14.3.7 Subrecipient's plan to ensure provision of adequate staff to provide continued care through the remaining term of this Subaward.
9.14.3.8 A fully documented inventory of all Fixed and Non-Fixed Assets as well as a method to dispose, transfer or return to County all Fixed and Non-Fixed Assets purchased with
Subaward Sums during the entire term of this Subaward.
9.14.3.9 Any additional information which may be necessary to affect a safe transition of Clients to other community service providers.
9.14.4 Implementation of the Transition Plan
9.14.4.1 Subrecipient must implement the Transition Plan that is approved by County. Subrecipient's failure to provide and/or implement the Transition Plan as prescribed herein will mean that County will provide Subrecipient a Transition Plan and Subrecipient will implement the Transition Plan provided by County. County will monitor Subrecipient's progress in
carrying out all elements of the Transition Plan.
9.15 TRAVEL EXPENSES
9.15.1 Subrecipient must obtain prior written approval from County's Contract Manager for any expenses under this Subaward related to travel outside of Los Angeles County (out-of-town travel).
9.15.2 Subrecipient must maintain written documentation evidencing that all out- of-town travel expenses are specifically related to providing Services under this Subaward, in conformity with the document retention requirements specified in Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement).
9.15.3 Subrecipient must ensure that no more than two (2) of its staff incur any out-of-town travel expenses at any time.
9.15.4 Subrecipient will not invoice County if out-of-town travel expenses are incurred without proper documentation evidencing County's prior written approval.
9.15.5 Subrecipient's non-compliance with the requirements of this Subparagraph 9.15 will result in these costs being disallowed, payments being withheld, or other remedy being applied as County will determine to be appropriate.
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9.16 DRUG-FREE WORKPLACE
9.16.1 Subrecipient and any approved Lower Tier Subrecipient(s) must adhere to the requirements outlined in the California Drug-Free Workplace Act of 1990, as amended (California Government Code Section 8350 et seq.).
Subrecipient and any approved Lower Tier Subrecipient(s) must also adhere to the requirements outlined in the Federal Drug-Free Workplace Act of 1988, including its implementing regulations (Title 41 United States Code Section 701 et seq.). Subrecipient and any approved Lower Tier Subrecipient(s) must provide and maintain a drug-free workplace for all of their employees, and must have a documented anti-drug policy and a drug-free awareness program. Violation of or non-compliance with these requirements by Subrecipient, any approved Lower Tier Subrecipient or both will subject Subrecipient to remedies available under the terms of this Subaward. Such remedies will include suspending Subrecipient’s payments, placing Subrecipient on probation or suspension, terminating this Subaward or other available reme dies which will be determined by County at County's sole discretion.
9.16.2 Subrecipient must provide a written drug-free workplace policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and stating the specific actions that will be taken for violations.
9.16.3 The ongoing drug-free awareness program must inform employees about the following: the dangers of drug abuse; available drug counseling, rehabilitation, and employee assistance programs; penalties that may be imposed; and, that employees are to be aware that Subrecipient and any approved Lower Tier Subrecipient(s) operate a drug-free workplace.
9.16.4 Subrecipient must require its employees to report in writing any conviction for a violation of a criminal drug statute occurring in the workplace.
Subrecipient must provide written notice to County's Contract Manager within ten (10) days of having received such notice from employee(s).
Within thirty (30) days of receiving the notice of a conviction, Subrecipient must have taken appropriate action against the employee(s) or have required employee's participation in a drug abuse assistance or rehabilitation program.
9.17 INFORMATION TECHNOLOGY, SECURITY AND PRIVACY REQUIREMENTS
9.17.1 In the course of completing the Work and providing Services under this Subaward, Subrecipient must use any Information Technology Systems (ITS) as designated by County. This Subparagraph 9.17 and Exhibit K (Information Security and Privacy Requirements) set forth the requirements for the ITS which Subrecipient must use. This Subparagraph
9.17 and Exhibit K (Information Security and Privacy Requirements) also set forth the security procedures for these systems which Subrecipient must have in place by the effective date of this Subaward and which SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 89
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Subrecipient must maintain throughout the Subaward term. They present a minimum standard only. Subrecipient must implement appropriate administrative, physical, and technical measures to secure its systems and data to protect and ensure the privacy, confidentiality, integrity, and availability of County Information Assets (PSCI) as defined in Subparagraph 9.17.5 (County Information Assets) against internal and external threats, vulnerabilities, and risks. Subrecipient must also continuously review and revise those measures to address ongoing threats, vulnerabilities, and risks.
9.17.2 Subrecipient's failure to comply with the minimum standards set forth herein will constitute a material, non-curable breach of this Subaward, entitling County, in addition to and cumulative of all other remedies available to it at law, in equity, or under this Subaward, to immediately terminate this Subaward.
9.17.3 Information Technology Systems - Management Information System
9.17.3.1 Data Entry
9.17.3.1.1 County has implemented use of the
Management Information System (MIS), a
computerized database system that is used to
record and track Service delivery, Program data
and Client information. Subrecipient must use
the MIS and all other systems identified by
County, including but not limited to State and
Federal programs, applications, software, etc.,
to report Program data as outlined herein and
as directed by County.
9.17.3.1.2 Subrecipient must ensure the accuracy and
authenticity of the number of eligible Client
Services provided each day. Subrecipient must
track, document, and report the actual date
when Services are rendered. Subrecipient must
complete direct data entry of the required
Program, Service delivery and Client data
(including but not limited to, the total number of
Clients served, the type and number of Services
provided to Client and the date(s) of Service)
into the MIS on the day when the Service(s) is
provided to Client and must ensure that Service
recording is accurate each day (i.e., to ensure
accurate reporting, Subrecipient must enter
Program, Service delivery, and Client data into
MIS on the day when the Service(s) is provided
to Client). Subrecipient must not back-date any
data and any attempts to do so may subject
Subrecipient to appropriate remedies as
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determined by County at County's sole
discretion.
9.17.3.2 Data Records
9.17.3.2.1 Subrecipient's failure to submit the required MIS data within the time and manner as designated
by County may subject Subrecipient to
appropriate remedies as determined by County
at County's sole discretion. Remedies will
remain in effect until Subrecipient becomes
compliant. County will consider Subrecipient's
non-compliance during future funding
decisions.
9.17.3.2.2 Subrecipient must maintain all records and
reports, consistent with Subparagraph 8.38
(Record Retention, Inspection and Audit
Settlement), and must make them available for
audit, assessment, or inspection by County and
any of its duly authorized representatives
(including, but not limited to, State authorities,
Federal agencies and/or any of their duly
authorized representatives).
9.17.3.2.3 All information, records, data elements and
printouts collected and maintained for the
operation of the Program and pertaining to
Clients (including paper and electronic data)
must be protected from unauthorized
disclosures in accordance with Subparagraph
7.6 (Confidentiality), California Welfare and
Institutions Code Section 10850, Title 45 Code
of Federal Regulations Part 205.50, California
Information Practices Act of 1977, and all other
applicable laws and regulations.
9.17.3.3 MIS Personnel
9.17.3.3.1 Subrecipient must assign an employee to have the primary responsibility for data entry into the
MIS. This employee will be the primary contact
person for data issues and problems. This
employee will also be assigned a password to
log-in and enter Program, Service delivery and
Client data. Subrecipient must designate a
secondary/back-up employee who can act on
behalf of the primary MIS employee contact in
the event of his or her absence. Subrecipient
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must ensure that its users do not share their
user identification and password information.
9.17.3.3.2 Subrecipient must provide the names of
Subrecipient's primary and secondary MIS
employees using Exhibit E (Subrecipient's
Administration). Subrecipient must submit the
completed Exhibit E (Subrecipient's
Administration) in the time and manner as
directed by County. In the event of any changes
to the information provided in Exhibit E
(Subrecipient's Administration), Subrecipient
must update Exhibit E (Subrecipient's
Administration) and submit the revised
document to County within two (2) weeks of any
reassignment or substitution. Only those
Subrecipient employees who have been
designated by Subrecipient and assigned a
password by County will be allowed to access
the MIS system.
9.17.3.3.3 Subrecipient must ensure that the primary and secondary MIS employees are properly trained
to operate the MIS and attend all MIS training
provided by County to ensure that MIS
operations are in compliance with all applicable
regulations.
9.17.4 County Information Assets
9.17.4.1 County Information Assets are PSCI and include (but are not limited to):
9.17.4.1.1 Information that is stored in hard copy or
electronic format and may include but is not
limited to the following: reports; notes; forms;
computers, laptops, cellphones, printers,
scanners; networks (LAN, WAN, WIFI) servers,
switches, routers; storage media, hard drives,
flash drives, cloud storage; data, applications,
databases; etc.
9.17.4.1.2 Information that is collected, transmitted and/or accessed in the administration of the Program
and in the provision of Services.
9.17.4.1.3 Personal Information as defined in California Civil Code Section 1798.29(g).
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9.17.4.1.4 Protected Health Information as defined in
Health Insurance Portability and Accountability
Act of 1996.
9.17.4.1.5 Medical Information as defined in California Civil Code Section 56.05(j).
9.17.5 Data Destruction
9.17.5.1 When Subrecipient has maintained, processed, or stored County Information Assets, implied or expressed, and such County Information Assets are no longer required to be
retained by Subrecipient under this Subaward and applicable law, County will have sole authority to determine when
Subrecipient must destroy any such County Information
Assets as described herein. Subrecipient must only proceed with the destruction of County Information Assets (which may be stored on purchased, leased, or rented electronic storage equipment (e.g., printers, hard drives, etc.) and electronic devices (e.g., servers, workstations, etc.) that are
geographically located within Los Angeles County or external to Los Angeles County's boundaries) upon receiving written authorization from County.
9.17.5.2 Subrecipient must destroy such County Information Assets by:
9.17.5.2.1 Cross-cut shredding or otherwise destroying
paper, film, disk drives or other hard copy media
so that PSCI cannot be read or otherwise
reconstructed.
9.17.5.2.2 Clearing, purging or destroying electronic media containing PSCI consistent with National
Institute of Standards and Technology ("NIST")
Special Publication ("SP") 800-88 (Guidelines
for Media Sanitization) which is available on-line
at: http://csrc.nist.gov/publications/draft-
pubs#SP-800-88-Rev._%201 and United
States Department of Defense 5220.22-M data
sanitization and clearing directive such that the
PSCI cannot be retrieved.
9.17.5.3 Subrecipient will have the sole responsibility to certify that the County Information Assets have been appropriately
destroyed consistent with the requirements outlined herein.
9.17.5.4 Subrecipient must provide County with written certification validating that any and all County Information Assets were placed in one (1) or more of the following stored states:
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unusable, unreadable and/or indecipherable. Subrecipient must submit such certification to County's Contract Manager no later than ten (10) days after the occurrence of this event.
9.17.5.5 Lower Tier Subrecipient must provide County with written certification validating that any and all County Information Assets were destroyed and are in one (1) or more of the following states: unusable, unreadable and/or
undecipherable. Lower Tier Subrecipient must submit such certification to County's Contract Manager no later than ten (10) days after the removal of any electronic storage
equipment and devices and the destruction of the County Information Assets.
9.17.6 Encryption on Workstations and Portable Computing Devices
9.17.6.1 Subrecipient and any approved Lower Tier Subrecipient must use software and/or hardware encryption methods for
confidential County Information Assets stored on all
electronic media in accordance with the following standards:
9.17.6.1.1 Federal Information Processing Standard
Publication ("FIPS") 140-2.
9.17.6.1.2 NIST SP 800-57 (Recommendation for Key
Management - Part 1: General (Revision 3).
9.17.6.1.3 NIST SP 800-57 (Recommendation for Key
Management - Part 2: Best Practices for Key
Management Organization).
9.17.6.1.4 NIST SP 800-111 (Guide to Storage Encryption Technologies for End User Devices).
9.17.6.1.5 At a minimum, Subrecipient must use Advanced Encryption Standard ("AES") with cipher
strength of 256-bit
9.17.6.1.6 Prior to use of remote servers (e.g., cloud
storage, Software-as-a-Service (SaaS), etc.) for
storage of County Information Assets,
Subrecipient must obtain written approval from
County's Contract Manager.
9.17.6.2 Subrecipient and any approved Lower Tier Subrecipient must use software and/or hardware encryption methods for
transmitted (i.e., through network transmission) confidential County Information Assets in accordance with the following standards:
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9.17.6.2.1 NIST SP 800-52 (Guidelines for the Selection and Use of Transport Layer Security
Implementations).
9.17.6.2.2 NIST SP 800-57 (Recommendation for Key
Management - Part 3: Application-Specific Key
Management Guidance).
9.17.6.3 Subrecipient and any approved Lower Tier Subrecipient must have operational policies, procedures and practices which protect County Information Assets (PSCI) as specified in the State Administrative Manual Sections 5300 to 5365.3;
California Government Code Section 11019.9; Department of General Services Management Memo (MM 06-12);
Department of Finance Budget Letter (06-34); California Department of Aging Program Memorandum (PM 07-18(P));
Statewide Health Information Policy Manual; and, County's Board Policy Number 5.200 (Contractor Protection of
Electronic County Information).
9.17.6.4 Subrecipient and any approved Lower Tier Subrecipient must encrypt PSCI which are stored on all electronic media
(including workstations, portable computing devices
(including, but not limited to, workstations, servers, mobile devices, wearables, tablets, laptops, personal digital
assistants, notebook computers, and backup media) and/or portable electronic storage media (including, but not limited to, discs, thumb/flash drives, external/portable hard drives, and backup media)).
9.17.6.5 Subrecipient must certify its compliance with the encryption standards noted herein as a condition of executing this Subaward. Subrecipient provide such certification by
completing and submitting Exhibit O (Subrecipient's
Compliance with Encryption Requirements) in the form and manner as determined by County. Subrecipient must
maintain compliance with this policy during the term of this Subaward and for as long as Subrecipient maintains or is in possession of County Information Assets. In addition to the foregoing certification, Subrecipient must maintain any validation/attestation reports that the data encryption product generates, and such reports will be subject to audit in accordance with the requirements outlined in Subparagraph
8.38 (Record Retention, Inspection and Audit Settlement). In the event of Subrecipient's non-compliance with these
requirements, County will require Subrecipient to develop and execute a corrective action plan. Subrecipient's failure to comply with this policy may subject Subrecipient to
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to County information technology resources and/or other remedies which are deemed appropriate by County.
9.17.7 Software Maintenance and Operational Management
9.17.7.1 Subrecipient must deploy up-to-date anti-virus software with current definitions on all computer systems on which County Information Assets are stored and/or transmitted.
9.17.7.2 Subrecipient and any approved Lower Tier Subrecipient must ensure that all security patches, software updates/upgrades, etc. are applied in a timely manner to all computer systems on which County Information Assets are stored, accessed and/or transmitted.
9.17.7.3 Subrecipient must deploy adequate back-up facilities to ensure that its essential business information can be
promptly recovered in the event of a disaster or media failure.
9.17.8 Security Incident Reporting
9.17.8.1 A security incident occurs when County Information Assets are or reasonably believed to have been accessed, modified, destroyed, or disclosed without proper authorization or are lost or stolen. A security incident includes (but is not limited to) instances in which Subr ecipient employees access
systems in excess of their user rights or use the systems inappropriately, data is breached, etc. Subrecipient and any approved Lower Tier Subrecipient must comply with
California Department of Aging's security incident reporting procedure which is available online at
http://www.aging.ca.gov/ProgramsProviders/#Resources.
9.17.8.2 Notification of Security Breach to County
9.17.8.2.1 Subrecipient must immediately report all
security incidents to County's Program Manager
but in no event must the report be made more
than two (2) business days after its detection.
Subrecipient must initiate the contact by
telephone and followed by written letter of any
potential or actual security attacks or security
incidents.
9.17.8.2.2 Subrecipient's notification of the security
incident must include the approximate date and
time of its occurrence and a summary of the
relevant facts, including a description of
measures being taken to address the
occurrence.
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9.17.8.3 Notification of Security Breach to Clients
9.17.8.3.1 Subrecipient and any approved Lower Tier
Subrecipient must give written notice to any
Client or data subject whose PSCI may have
been breached in accordance with HIPAA, the
Information Practices Act of 1977, and State
policy.
9.17.9 Electronic Backups
9.17.9.1 Subrecipient and any approved Lower Tier Subrecipient must ensure that all electronic County Information Assets are protected by performing regular backups of automated files and databases, and ensure the availability of County
Information Assets for continued business. Subrecipient and any approved Lower Tier Subrecipient must ensure that all data, files, and backup files are encrypted.
9.17.10 Subrecipient must ensure that any approved Lower Tier Subrecipient(s) adheres to all of the provisions included in this Subparagraph 9.17 and Exhibit K (Information Security and Privacy Requirements).
9.18 REMEDIES FOR NON-COMPLIANCE
9.18.1 Subrecipient agrees to comply with the requirements set forth in the entirety of this Subaward as well as the requirements contained in supporting Program legislation and all applicable directives, Program memoranda, notices, guidelines, and instructions issued by or on behalf of Federal, State or County authorities. Subrecipient's failure to comply with such requirements will subject Subrecipient to remedies which are available under this Subaward and as provided by law. These remedies include but are not limited to the following: probation; suspension of payment(s); suspension of Services; assessment and collection of liquidated damages; de-obligation of Subaward Sums (for purposes of this Subaward, de-obligation is the partial or full removal of Subaward Sums from Subrecipient); re-obligation of Subaward Sums (for purposes of this Subaward, re-obligation is the allocation of de-obligated Subaward Sums to another current subrecipient(s) and/or to a new subrecipient); debarment; and/or termination of this Subaward. County will have the sole discretion to determine which remedy(ies) will be applied as a result of Subrecipient's non-compliance.
9.19 PAYMENT AND PERFORMANCE GUARANTIES
9.19.1 Throughout the entire term of this Subaward, including the original term and any renewals or extensions thereto, County, at its sole discretion, reserves the right to require Subrecipient to provide a Payment Guaranty, Performance Guaranty, or both ("Guaranty(ies)") in the amount and form as directed by County. County will determine whether or not Subrecipient SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 97
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will be required to obtain a Guaranty(ies) when Subrecipient's performance under this Subaward reveals potential liability to County in an aggregate amount of twenty-five thousand dollars ($25,000) or more resulting from, but not limited to, the following incidents: disallowed costs, unsubstantiated costs, non-payment of Lower Tier Subrecipients, etc. (i.e., if County determines that Subrecipient has disallowed costs, unsubstantiated costs, non-payment of Lower Tier Subrecipients, etc. which total twenty-five thousand dollars ($25,000) or more in potential liability when added together then County will require Subrecipient to obtain a Payment Guaranty, Performance Guaranty or both).
9.19.2 Payment Guaranty
9.19.2.1 The Payment Guaranty is Subrecipient's surety/guarantee to County that Subrecipient will meet its obligations to faithfully pay any approved Lower Tier Subrecipients in a manner that is timely, satisfactory, and acceptable to County, as
determined by County at its sole discretion. The purpose of the Payment Guaranty is to provide all Lower Tier
Subrecipients who supply labor, materials, services, etc. to Subrecipient a recourse if they do not get paid by
Subrecipient. In such case, the Payment Guaranty allows Lower Tier Subrecipient to file a claim with the surety company that issued the Guaranty in the event that
Subrecipient does not reimburse the Lower Tier Subrecipient for goods and/or services provided by Lower Tier
Subrecipient.
9.19.2.2 Subrecipient acknowledges that County may also make a determination that Subrecipient's non-payment of any
approved Lower Tier Subrecipients is a violation of the terms and conditions of this Subaward which may subject
Subrecipient to obtain both the Payment Guaranty and
Performance Guaranty.
9.19.2.3 The Payment Guaranty must only take the form of a surety bond. More information concerning surety bonds and
companies may be obtained from the Surety Association of America ( www.surety.org), the Surety Information Office (www.sio.org), state insurance departments, the U.S. Small Business Administration and U.S. Department of the
Treasury.
9.19.2.4 The Payment Guaranty must be executed by a corporate surety which is licensed to transact business as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by County.
9.19.3 Performance Guaranty
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9.19.3.1 The Performance Guaranty is Subrecipient's
surety/guarantee to County that Subrecipient will meet its obligations to perform the terms and conditions of the
resulting Subaward. The purpose of the Performance
Guaranty is to provide County a recourse to recover
Subaward monies which would otherwise be lost due to
Subrecipient's negligent actions. This Performance Guaranty will provide for the payment of monies to County for
transactions which are incurred by Subrecipient, including but not limited to: liquidated damages, late penalty payments, County's reimbursement, etc. County's determination to
require Subrecipient to obtain the Performance Guaranty would occur after the resolution process has been completed and "questioned costs" have been determined to be
unsubstantiated costs, disallowed costs, etc.
9.19.3.2 The Performance Guaranty will take any of the following forms:
9.19.3.2.1 Surety Bond: More information concerning
surety bonds and companies may be obtained
from the Surety Association of America
(www.surety.org), the Surety Information Office
(www.sio.org), state insurance departments, the
U.S. Small Business Administration and U.S.
Department of the Treasury. The performance
guaranty may not allow the bond surety to
substitute another person to perform Services.
9.19.3.2.2 Letter of Credit: Refer to Exhibit N (Criteria and Standards for Letters of Credit and Certificates
of Deposit) for information.
9.19.3.2.3 Certified Check or Certificate of Deposit: This form of Guaranty must list/identify County of Los
Angeles as an authorized party that can
withdraw on the account. Refer to Exhibit N
(Criteria and Standards for Letters of Credit and
Certificates of Deposit) for additional
information on the certificate of deposit.
9.19.3.2.4 Cash
9.19.3.3 The Performance Guaranty must be executed by a corporate surety which is licensed to transact business as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by County.
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9.19.4 When County determines that Subrecipient must obtain and maintain a Guaranty(ies), County will inform Subrecipient of this requirement and will provide Subrecipient at least fifteen (15) days to comply with County's determination. Once Subrecipient has obtained the required Guaranty(ies), County will re-evaluate the need for Subrecipient to continue maintaining the Guaranty(ies) for any subsequent Fiscal Year of the Subaward term.
9.19.5 The costs to obtain and maintain the Guaranty(ies) are potentially allowable and reimbursable under the terms of this Subaward. However, no additional funding will be allocated to the Subaward Sums in order for Subrecipient to pay for these costs. If Subrecipient intends to use existing Subaward Sums to offset the costs of the Guaranty(ies), this action requires a redistribution of Subaward Sums which will be initiated through a budget modification. This budget modification must be completed and submitted by Subrecipient for approval by County as noted in Subparagraph 9.9.2 (Budget Modifications). Prior to submitting this budget modification, Subrecipient will ensure that it will be able to adhere to all other required tasks, performance measures and other duties of this Subaward even after the Subaward Sums are redistributed (i.e., Subrecipient must continue to provide the required level of Services which would include the Guaranty(ies) for the same level of funding).
9.20 SUBAWARD DOCUMENT DELIVERABLES
9.20.1 Prior to the execution of this Subaward and throughout the entire term of this Subaward, Subrecipient must obtain and maintain current and appropriate licenses, permits and certificates which are required by all applicable County, State and/or Federal laws, regulations, guidelines, Program memoranda and directives for the operation of its facility(ies) and for the provision of Services hereunder. Prior to the execution of this Subaward and annually thereafter (or as otherwise established by County), Subrecipient must submit evidence/documentation (Subaward Document Deliverables) of its compliance with this requirement in the form and manner that is prescribed by County. Subrecipient must provide to County's Contract Manager, by the deadline imposed by County, current copies of these deliverables which must be complete (without missing pages) and legible, and will include:
9.20.1.1 Subaward Compliance Documents (as described in Subparagraph 9.20.3)
9.20.1.2 Business Forms (as described in Subparagraph 9.20.4)
9.20.1.3 Reporting Documents (as described in Subparagraph 9.20.5)
9.20.1.4 Other Documents: During the term of this Subaward, County or its designee(s) may request from time-to-time additional documents from Subrecipient, and Subrecipient must adhere to County's request for such documents.
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9.20.2 Subrecipient must submit copies of all new or renewed licenses, permits, and certificates to County's Contract Manager within five (5) business days of the license, permit or certification award or renewal. Subrecipient must immediately notify County of any lapses or expirations of these items.
Subrecipient's failure to maintain and/or timely submit documents required or requested by County may result in County imposing remedies as determined by County in its sole discretion.
9.20.3 Subaward Compliance Documents
9.20.3.1 Business License
9.20.3.1.1 When the local governing authority requires
Subrecipient's organization to obtain a license
to operate and conduct business within its local
governing authority's jurisdiction, Subrecipient
must obtain such license to perform the
Services outlined in this Subaward. The local
governing authority may be either the local city
government for entities doing business within its
city limits or County of Los Angeles for entities
located outside of city limits (i.e., unincorporated
areas or designated cities). Subrecipient must
ensure that the license is current throughout the
entire term of this Subaward. Subrecipient must
provide a current copy of its license to County
annually (or upon expiration, as noted on the
license).
9.20.3.2 Certificate of Insurance
9.20.3.2.1 The certificate must evidence Subrecipient's compliance with the insurance requirements
outlined in Subparagraph 8.24 (General
Provisions for all Insurance Coverage) and
Subparagraph 8.25 (Insurance Coverage).
Subrecipient must also provide copies of the
certificate of insurance as it relates to any
approved Lower Tier Subrecipient(s).
9.20.3.3 Fire Department Inspection Report
9.20.3.3.1 For each Service site that Client will visit, Subrecipient must obtain a fire inspection of its
facility(ies). The inspection must be conducted
by the Los Angeles County Fire Department or
by Subrecipient’s local fire department.
Subrecipient must obtain a written report of the
inspection which must be provided to County at
the beginning of the first Fiscal Year or Program
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Year of this Subaward, or upon the opening of
each new Service site. In the event that
violations are noted on the inspection report,
Subrecipient must ensure that it complies with
all corrective measures as directed by the fire
department. Subrecipient must provide to
County written evidence of its compliance within
five (5) days of receiving the evidence from the
fire department. The fire inspection report must
be current within the most recent twelve (12)
month period. Subrecipient is responsible for
knowing and understanding their local fire
department requirements and guidelines and
must ensure ongoing compliance with fire
inspection pursuant to local ordinances and
regulations.
9.20.3.4 Public Health Permit
9.20.3.4.1 For every Service site where Contractor
provides Services that require a Permit issued
by County of Los Angeles Department of Public
Health, Subrecipient must provide a current
copy of such permit annually (or upon expiration,
as noted on the permit).
9.20.3.5 Health Department Inspection Report
9.20.3.5.1 For each Service site where Contractor
provides Services that require an inspection by
County of Los Angeles Department of Public
Health (such as a central kitchen, Congregate
Meal Site, etc.), Subrecipient must annually
provide a current copy of such inspection report
(report must be current within the most recent
twelve (12) month period). In the event that
violations are noted on the report, Contractor
shall ensure that it complies with all corrective
measures as directed by the Department of
Public Health. Subrecipient must provide to
County written evidence of its compliance within
five (5) days of receiving the evidence from
Public Health.
9.20.3.6 Vehicle Smog Certification
9.20.3.6.1 For each vehicle(s) purchased with the
Subaward Sum(s) under this Subaward and/or
under a Predecessor Agreement that is used in
the operation of the Program (i.e., County-
owned vehicle(s)), Subrecipient must ensure
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that such vehicle(s) undergo a certified smog
inspection as required under applicable State
and Los Angeles County laws. Subrecipient
must receive evidence of a passing inspection
(i.e., smog certificate) for each vehicle and shall
submit a copy of the smog certificate to County's
Contract Manager on an annual basis in the
manner and timeframe designated by County.
When the vehicle(s) is not required to undergo
a smog inspection during any year, Subrecipient
must provide evidence (copy of vehicle
registration, etc.) indicating that the inspection is
not warranted for the specified year.
9.20.4 Business Forms
9.20.4.1 Articles of Incorporation
9.20.4.1.1 This document, which evidences the legal
formation of Subrecipient's organization, must
reflect Subrecipient's current legal name; and
County will use this document as verification of
Subrecipient's name. In the event there are any
amendments or addendums to the articles of
incorporation, Subrecipient must provide copies
of such amendments/addendums to County
within five (5) days of said
amendments/addendums being finalized.
9.20.4.1.2 When Subrecipient's organization is a local
government or a consortium of local
governments, Subrecipient must provide either
a city charter or a joint powers agreement
respectively, in lieu of the articles of
incorporation.
9.20.4.2 Board of Directors' Resolution
9.20.4.2.1 A resolution from Subrecipient's Board of
Directors, which evidences Authorized
Representative's authority to act on behalf of
Subrecipient in matters related to this Subaward
(Subparagraph 8.3.3 (Board of Directors'
Resolution)). Subrecipient must submit its
Board of Directors' resolution in the time and
manner as designated by County.
9.20.4.3 Board of Directors Roster
9.20.4.3.1 The roster must include the individuals who
comprise Subrecipient's Board of Directors. In
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the event that the roster is updated,
Subrecipient must provide an updated roster to
County within five (5) days of it being approved
or finalized.
9.20.4.4 Bylaws
9.20.4.4.1 This document must reflect the internal rules which govern Subrecipient's organization.
These rules are generally concerned with the
operation of the organization, and setting out
the form, manner, or procedure in which the
organization should operate. In the event that
the bylaws are amended, Subrecipient must
provide such amendments to County within five
(5) days of them being approved.
9.20.4.5 Complaint Policies and Procedures
9.20.4.5.1 Subrecipient's policies and procedures for
receiving, investigating, and responding to
Client complaints must be prepared and
submitted to County pursuant to the
requirements outlined in Subparagraph 8.5
(Complaints).
9.20.4.6 Organization Chart
9.20.4.6.1 The chart must provide an outline of the
hierarchy, relationships, and relative ranks of
Subrecipient's organizational parts and
positions/jobs as it related to the operations of
this Subaward. In the event that Subrecipient
revises its organization chart, a copy must be
provided to County within five (5) days of any
change in its organization chart.
9.20.4.7 Lower Tier Subaward
9.20.4.7.1 This executed third-party agreement (as defined in Subparagraph 8.40 (Lower Tier Subaward))
and any amendments or addendums thereto,
must be provided to County within five (5) days
of the execution of that agreement, amendment
and addendum.
9.20.4.8 Tax Exempt Status Letter
9.20.4.8.1 Written documentation that is obtained from the Internal Revenue Service as evidence of
Subrecipient's tax exempt status. When
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Subrecipient is a non-profit entity, such
evidence must reflect Subrecipient's tax exempt
status. In the event Subrecipient's tax exempt
status changes, Subrecipient must provide
County a copy of its new status within five (5)
days of any change in its tax-exempt status.
9.20.5 Reporting Documents
9.20.5.1 Cost Allocation Plan
9.20.5.1.1 This Plan must adhere to the requirements
outlined in Subparagraph 9.21.1 (Cost
Allocation Plan for Cost Reimbursement
Activities).
9.20.5.2 Closeout Report
9.20.5.2.1 This report must adhere to the requirements
outlined in Subparagraph 9.21.2 (Closeout
Reporting Requirements).
9.20.5.3 Other Reporting Documents
9.20.5.3.1 From time-to-time, County or its designee(s) may request other documents relating to
Subrecipient's performance, Work, and/or
Services under this Subaward. County will not
be unreasonable in its request and Subrecipient
must adhere to County's request for such
documents.
9.21 FISCAL REPORTING REQUIREMENTS
9.21.1 Cost Allocation Plan for Cost Reimbursement Activities
9.21.1.1 Subrecipient acknowledges that as a condition of receiving this Subaward, Subrecipient must submit its organization- wide Cost Allocation Plan to County no later than sixty (60) days after the start date of the Subaward term. This Cost Allocation Plan is included herein by reference.
9.21.1.2 The Cost Allocation Plan must adhere to the requirements outlined in the following: County directives (including but not limited to AD directive CCD-18-01 (Cost Allocation and
Indirect Cost Requirements for AD Subawards)) which may be obtained at Cost-Allocation-and-Indirect-Cost-
Requirements-CCD-18-01-043024.pdf (lacounty.gov) ,
Exhibit Q (Accounting, Administration and Reporting
SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 105
SUBAWARD NUMBER ENP242504
Requirements), Title 45 Code of Federal Regulations Part 75 et seq. and Title 2 Code of Federal Regulations Part 200 et seq. At a minimum, the Plan must include the following
information:
9.21.1.2.1 Description of Subrecipient's organization (i.e., non-profit, for-profit, public/government, etc.).
9.21.1.2.2 Description of Subrecipient's general
accounting policies, including its basis of
accounting.
9.21.1.2.3 List of all the funded programs.
9.21.1.2.4 An organizational chart that identifies the
various services and/or functions for each unit.
9.21.1.2.5 A detailed listing of all shared and pooled direct and indirect costs that will be allocated.
9.21.1.2.6 Identification of the Subaward year term for any information/documentation related to the Plan.
9.21.1.2.7 A thorough description of the methods used to allocate all shared or pooled direct or indirect
costs and the auditable documentation for
supporting each basis for allocation.
9.21.1.3 Every cost included in the Cost Allocation Plan must be supported by formal, documented accounting records, and the basis for its distribution must be calculated by actual usage (e.g., time distribution, number of Clients served, square footage, etc.) - arbitrary percentages or estimates are not allowed.
9.21.1.4 In order to certify the accuracy of the Cost Allocation Plan, Subrecipient must sign the Cost Allocation Plan and any revisions made thereto.
9.21.1.5 By May 1 of each Subaward year after the first Subaward year in a multi-year term (or upon extension of the term as provided in Paragraph 4.0 (Term of Subaward), Subrecipient must submit written confirmation that its Cost Allocation Plan methodology described in Subparagraph 9.21.1.2.7 will
remain in effect throughout the following Subaward year. In the event that this Cost Allocation Plan methodology must be revised for the following Subaward year then Subrecipient must submit the revised methodology to County's
Compliance Manager by May 1 of the current Subaward year.
The Cost Allocation Plan methodology may only be revised once during any Subaward year.
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SUBAWARD NUMBER ENP242504
9.21.1.6 In the event that the information provided in the Cost Allocation Plan as it relates to Subparagraphs 9.21.1.2.1 -
9.21.1.2.6 must be revised at any time during the Subaward term then Subrecipient must submit the revisions to County's Compliance Manager within thirty (30) days of completing the revisions.
9.21.1.7 Upon receipt of the revisions made to Subrecipient's Cost Allocation Plan, County will review these revisions. Neither Subrecipient's submission of these revisions to its Cost Allocation Plan nor County's receipt of these revisions to Subrecipient's Cost Allocation Plan will constitute County's acceptance or approval of the Cost Allocation Plan revisions.
County reserves the right to either accept or reject any revision(s) to the Cost Allocation Plan that County deems is unacceptable. County will notify Subrecipient in writing whether the revisions are approved or rejected. Upon
rejection of the revisions, Subrecipient must take the required actions needed to correct its revisions. Subrecipient's failure to adhere to County's requirements will subject Subrecipient to remedies available under this Subaward.
9.21.2 Closeout Reporting Requirements
9.21.2.1 The closeout is a process that takes place upon the expiration or termination of the period in which Program Services are provided which includes the end of the
Subaward term, the end of the Fiscal Year or any other period when the Subaward is terminated. The purpose of closeout is to ensure that final reports are received and evaluated, allowable costs are determined and amounts due to either County or to Subrecipient are determined and payment
arrangements made.
9.21.2.2 Subrecipient must complete and submit a mandatory Closeout Report in the form and manner designated by
County. The Closeout Report must include the reporting of expenses and accruals incurred through the last day of the Fiscal Year or Program Year. County will notify Subrecipient of the deadline for submission of the Closeout Report.
9.21.2.3 Subrecipient must ensure that all invoices are submitted and finalized prior to the submission of its Closeout Report.
County will not pay invoices that are received after
Subrecipient has submitted the Closeout Report. Once
County has reviewed and accepted Subrecipient's Closeout Report, the data reflected on the Closeout Report will be reported to State as final. Any subsequent revisions will require the written signature and authorization of Authorized Representative.
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SUBAWARD NUMBER ENP242504
9.21.2.4 If this Subaward is terminated or cancelled prior to June 30th of any Fiscal Year, the Closeout Report will be for that Subaward period which ends on the termination or
cancellation date. Subrecipient must submit the Closeout Report after the termination/cancellation date in the manner and timeframe designated by County.
9.21.2.5 At the end of the funding cycle/during the closeout, Subrecipient must ensure that all of the following items match:
9.21.2.5.1 The Subaward Sum allocated by line items on
Subrecipient's final approved Budget(s), where
the Subaward Sum is the funding allocated for
any Fiscal Year under this Subaward and it is
distributed using the line items/cost categories
reflected in Subrecipient's final approved
Budget(s).
9.21.2.5.2 The Grant Share, which is allocated by line
items on Subrecipient's Closeout Report, where
the Grant Share is the actual Subaward Sum
that Subrecipient has budgeted by line
items/cost categories on its organization's
accounting/fiscal records (i.e., general ledgers,
etc.).
9.21.2.5.3 The Amount Received by line item as reported on Subrecipient's Closeout Report, where the
Amount Received is the actual Subaward Sum
reimbursed to Subrecipient for its line items.
9.21.2.6 In the event that the line item amounts reflected as the Subaward Sum on the final approved Budget(s), the Grant Share on the Closeout, and the Amount Received on the
Closeout do not match at the time of closeout, for purposes of the closeout only, County will allow a maximum of ten percent (10%) variance between the Subaward Sum and
Grant Share (specifically, the variance between the
Subaward Sum line items reported on the final approved
Budget(s) and the Grant Share line items reported on the Closeout Report).
9.21.2.6.1 For example, during the closeout, if the line item, Space, reflects a Subaward Sum of $100 on the
final approved Budget(s) then the Grant Share
amount reflected on the Closeout Report for
Space will be $100, and the Amount Received
reflected on the Closeout Report for Space will
be $100. Alternatively, if the Subaward Sum for
Space is reflected on the final approved
SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 108
SUBAWARD NUMBER ENP242504
Budget(s) as $100 but the Grant Share for
Space is reflected on the Closeout Report as
$95, and the Amount Received for Space is
reflected on the Closeout Report as $95 then
the $5 variance (which is five percent (5%) of
the Subaward Sum amount for the Space line
item) is within the allowable ten percent (10%)
variance.
9.21.2.7 Subrecipient must ensure that the total Grant Share and the total Amount Received, which are reflected on the Closeout Report, do not exceed the total Subaward Sum reflected on the final approved Budget(s).
9.21.3 Program Income Requirements
9.21.3.1 Program Income includes, but is not limited to:
9.21.3.1.1 Voluntary contributions received from Client or other party for Services received.
9.21.3.1.2 Income from usage or rental fees of real or
personal property acquired with Subaward
Sums.
9.21.3.1.3 Royalties received on patents and copyrights from Subaward-supported activities.
9.21.3.1.4 Proceeds from the sale of items created under this Subaward.
9.21.3.2 Subrecipient must adhere to the Program Income requirements outlined herein and in Title 45 Code of Federal Regulations Part 75 et seq. and Title 2 Code of Federal Regulations Part 200 et seq.
9.21.3.3 Subrecipient must use Program Income to expand baseline Program Services.
9.21.3.4 Subrecipient must report Program Income in Budget exhibit(s) and must expend Program Income under the same terms and conditions as the Subaward Sums from which it is generated.
The use of Program Income is restricted to the funding
source or Service that was provided and contributed towards.
9.21.3.5 Program Income must be used to pay for current allowable Program costs in the same Fiscal Year or Program Year that the Program Income is earned. If Program Income is earned in excess of the amount reported in Budget exhibit(s) then County will recapture the balance of the unexpended
SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 109
SUBAWARD NUMBER ENP242504
Program Income or pursue any other remedies available to County under this Subaward.
9.21.3.6 Subrecipient will not use Program Income to meet the match contribution requirement of this Subaward.
9.21.3.7 Subrecipient will provide a disposition of all Program Income received and expended as part of the Closeout reporting process in the form, manner and timeline as designated by County.
9.22 UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM)
9.22.1 Pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282) and Title 2 Code of Federal Regulations Part 25, Subrecipient will be responsible for obtaining and maintaining a Universal Identifier. The Universal Identifier is a Unique Entity ID (UEI) comprised of a unique twelve-character alpha numeric identification number assigned by SAM and is site-specific. Therefore, each distinct physical location of Subrecipient's organization (such as branches, divisions, and headquarters) will have its own, UEI number. Subrecipient may register for a UEI number at https://sam.gov/content/entity- registration. Subrecipient must comply with the requirements outlined in this Subparagraph 9.22.
9.22.2 Subrecipient must provide a valid UEI number using Exhibit E (Subrecipient's Administration) and must submit the completed Exhibit E (Subrecipient's Administration) in the time and manner as directed by County. Subrecipient must register the UEI number and maintain an "Active" status within the federal System for Award Management available online at https://sam.gov/content/status-tracker. If County cannot access or verify "Active" status for Subrecipient's UEI information, which is related to this Subaward on the Federal Funding Accountability and Transparency Act Subaward Reporting System, County will notify Subrecipient and Subrecipient must immediately update the information as required.
9.22.3 Subrecipient's failure to adhere to applicable UEI and SAM requirements may result in County imposing remedies as determined by County in its sole discretion.
9.23 UNUSUAL OCCURRENCES AND CRIME
9.23.1 Unusual occurrences such as natural disasters (including earthquakes, floods, landslides, wildfires, extreme heat/cold), man-made emergencies (such as epidemic outbreaks, bio-terrorism, food-borne illness, fire, major accidents, death from unnatural causes or other catastrophes), and unusual occurrences which threaten the welfare, safety or health of Clients, Subrecipient personnel or visitors to Subrecipient's facility(ies) must be reported by Subrecipient within twenty-four (24) hours to the local health SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 110
SUBAWARD NUMBER ENP242504
officer by telephone and in writing, and to County by telephone and also in writing or by email.
9.23.2 Crime related occurrences, such as theft or vandalism, must be reported by Subrecipient within twenty-four (24) hours to the local police or sheriff by filing a police report and to County by telephone, and in writing or by email. Subrecipient must also prepare and retain an incident report on file, and must include a copy of the filed police report.
9.23.3 Subrecipient must maintain all incident reports in a manner consistent with Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement).
Subrecipient must furnish such other pertinent information related to such occurrence as the local authorities and/or County may require.
9.24 FEMA PROVISIONS
9.24.1 In the event of an emergency (defined as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services) and Federal Emergency Management Agency (FEMA) funds are made available under this Subaward, Subrecipient must comply with all requirements outlined in Exhibit M (FEMA Provisions).
Subrecipient must complete the Lobbyist Certification attached to this Exhibit and submit it to County's Contract Manager in the time and manner as designated by County.
9.25 INTENTIONALLY OMITTED
9.26 REDUCING SINGLE-USE PLASTICS
9.26.1 Reduce Single Use Plastics
9.26.1.1 Subrecipient a acknowledges that County places a high priority on the implementation of Board Policy 3.185, Reduce Single-Use Plastics, and must eliminate the use of single-use plastic in County facilities as required by Board Policy 3.185.
9.26.2 Procurement Data Reporting
9.26.2.1 Subrecipient will keep a monthly record of purchases of single-use products including product type, brand name, quantity purchased, and unit cost. Data will be provided to the County’s Project Monitor along with other regular reports and be available upon request.
10.0 SURVIVAL
10.1 In addition to any terms and conditions of this Subaward that expressly survive expiration or termination of this Subaward by their terms, the following provisions shall survive the expiration or termination of this Subaward for any reason:
SUBAWARD PERIOD JULY 2024 – JUNE 2025 Page 111
SUBAWARD NUMBER ENP242504
Paragraph 1 (Applicable Documents)
Paragraph 2 (Definitions and Headings)
Paragraph 3 (Work)
Subparagraph 5.4 (No Payment for Services Provided Following Expiration or Termination of Subaward)
Subparagraph 7.6 (Confidentiality)
Subparagraph 8.1 (Amendments)
Subparagraph 8.2 (Assignment and Delegation/Mergers or Acquisitions) Subparagraph 8.6.2 (Compliance with Applicable Laws)
Subparagraph 8.19 (Fair Labor Standards)
Subparagraph 8.20 (Force Majeure)
Subparagraph 8.21 (Governing Law, Jurisdiction, and Venue) Subparagraph 8.23 (Indemnification)
Subparagraph 8.24 (General Provisions for all Insurance Coverage) Subparagraph 8.25 (Insurance Coverage)
Subparagraph 8.26 (Liquidated Damages)
Subparagraph 8.34 (Notices)
Subparagraph 8.38 (Record Retention and Inspection and Audit Settlement) Subparagraph 8.42 (Termination for Convenience)
Subparagraph 8.43 (Termination for Default)
Subparagraph 8.48 (Validity)
Subparagraph 8.49 (Wavier)
Subparagraph 8.58 (Prohibition from Participation in Future Solicitation(s)) Subparagraph 8.60 (Campaign Contribution Prohibition Following Final Decision in Contract Proceeding)
Subparagraph 9.11 (Ownership of Materials, Software and Copyright) Subparagraph 9.12 (Patent, Copyright and Trade Secret Indemnification) Paragraph 10.0 (Survival)
IN WITNESS WHEREOF, Subrecipi ent has executed this Subaward or caused it to be duly executed, and the County of Los Angeles, by order of its Board, has caused this Subaward to be executed on its behalf by the Director of Aging and Disabilities Department, on the day, month and year first above writt en. The person(s) signing on beha lf of Subrecipient warrants under penalty of perjury that he or she is authorized to bind Su brecipient. Subrecipient and County acknowledge that this S ubaward will not be deemed to be ac tive until such time that the document is executed by the respective aut horized representatives of both Subrecipient and County.
COUNTY OF LOS ANGELES
By
Dr. Laura Trejo, Director Date
County of Los Angeles
Aging and Disabilities Department
SUBRECIPIENT
Cit y of Gardena
Subrecipient’s Legal Name
ENP242504
Subaward Number
By
Name of Authorized Date
Representative
Title
Approved as t o F o r m :
Signature
OFFICE OF COUNTY COUNSEL
Dawyn R. Harrison, County Counsel
B y
Name of Authorized Date
By Representative
Lawrence M. Green
Senior Deputy County Counsel
Title
Signature
Clint Osorio (May 23, 2024 09:57 PDT)
Clint Osorio
City Manager
Clint Osorio May 23, 2024
Laura Trejo (Jun 21, 2024 08:10 MDT)
Laura Trejo
Jun 21, 2024
Subaward No. ENP242504 (City of Gardena) -
signed
Final Audit Report 2024-06-21
Created: 2024-06-21
By: Anthony Leoni ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAARsP5wTDZQgkJB3u1un06Q3FCerukFytp "Subaward No. ENP242504 (City of Gardena) - signed" History Web Form created by Anthony Leoni ([email protected]) 2024-06-10 - 6:05:18 PM GMT
Web Form filled in by Laura Trejo ([email protected]) 2024-06-21 - 2:10:36 PM GMT- IP address: 179.51.3.156
Email verification link emailed to Laura Trejo ([email protected]) 2024-06-21 - 2:10:39 PM GMT
Email viewed by Laura Trejo ([email protected])
2024-06-21 - 2:12:22 PM GMT- IP address: 179.51.3.156
E-signature verified by Laura Trejo ([email protected]) 2024-06-21 - 2:12:22 PM GMT- IP address: 179.51.3.156
Agreement completed.
2024-06-21 - 2:12:22 PM GMT
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.M
Section: CONSENT CALENDAR
Meeting Date: July 23, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Ratify Administrative Approval of the Supportive Services Program Contract SSP232403 Amendment Two which provides funding for FY 24-25 CONTACT: RECREATION & HUMAN SERVICES
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
Staff respectfully recommends that the City Council ratify administrative approval of the Supportive Services Program Contract No. SSP232403 Amendment Two between the City of Gardena and the County of Los Angeles' Aging and Disabilities Department. The Supportive Services Program includes case management, homemaker, and Alzheimer's Day Care services for the older and functionally impaired adult population in Gardena. This contract provides baseline funding for the Subaward Sum Term of July 1, 2024 through June 30, 2025 in the amount of $134,000. The funding source is the Older Americans Act (OAA) Title IIIB.
The SSP program provides case management and homemaker services to approximately 100 clients. Homemaker services includes transportation to medical appointments and grocery shopping and medication pick-up escorted by staff. Light housekeeping is also available dependent upon client need. We currently have eight (8) Day Care clients with seven (7) funded by SSP.
FINANCIAL IMPACT/COST:
Baseline Funding Allocation for Amendment Two (FY 2024-2025): $134,000.
ATTACHMENTS:
FY 2024-25 SSP Amendment Two (City of Gardena)
APPROVED:
___________________________________
Clint Osorio, City Manager
SUPPORTIVE SERVICES PROGRAM (SSP)
SUBAWARD NUMBER SSP232403
SUBAWARD PERIOD JULY 2023 – JUNE 2025
AMENDMENT TWO
This Amendment is made and entered into by and between
COUNTY OF LOS ANGELES THROUGH ITS
AGING AND DISABILITIES DEPARTMENT
(“County” or “AD”)
County’s Business Address
510 South Vermont Avenue, 11th Floor
Los Angeles, CA 90020
and
CITY OF GARDENA
(“Contractor” or “Subrecipient”)
Subrecipient’s Business Address
1700 West 162nd Street
Gardena, CA 90247
WHEREAS, reference is made to that certa in document originally entitled “Supportive Services Program (SSP) Subaward Number SSP 232403 Subaward Period July 2023 – June 2024” dated July 1, 2023, which is renamed as “Supportive Services Program (SSP) Subaward Number SSP232403 Subaward Period July 2023 – June 2025”, and the Amendments thereto (hereafter collectively referred to as “Contract” or “Subaward”); and
WHEREAS, the parties hereto have previously entered into the above referenced Subaward for the purpose of p roviding s upportive serv ices to Older Adults and adults with functional impairment(s) residing in Los Angeles County (excluding the City of Los Angeles); and
WHEREAS, County and Subrecipient recognize and agree that specific terms (including, but not limited to, Contract, Subaward, Contractor, Subrecipient, Subcontract, Lower Tier Subaward, Subcontractor and Lower Tier Subrecipient) are used interchangeably throughout this Amendment in order to comply with Federal, State, and County regulations; and
WHEREAS, it is the intent of the parties to amend this Subaward to extend the term of the Subaward for one (1) year commencing on July 1, 2024 through June 30, 2025; and
WHEREAS, it is the intent of the parties to also amend this Subaward to allocate OAA Title III B (Supportive Services and Senior Centers) baseline funding in the amount of $ 134,000, which
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 2
will be reimbursed to Subrecipient in exchange for defined and contracted SSP Services to be provided by Subrecipient during Fiscal Year (FY) 2024-25; and
WHEREAS, it is the intent of the parties to also amend this Subaward to provide for other changes set forth herein; and
WHEREAS, the Subaward provides that changes to its terms may be made in the form of a written Amendment, which is formally approved and executed by the parties.
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. This Amendment will commence on July 1, 2024, or upon execution by all parties, whichever occurs later.
II. The title of this Subaward will be deleted in its entirety and replaced as follows:
Supportive Services Program (SSP) Subaward Number SSP232403 Subaward Period July 2023 – June 2025
III. The term “County’s Department Head or his/her designee” referenced throughout the Subaward is deleted in its entirety and replaced with “County’s Director or their designee”.
IV. The term “Board of Supervisors” referenced throughout the Subaward is deleted in its entirety and replaced with “Board”.
V. Subparagraph 1.1 is deleted in its entirety and replaced as follows:
1.1 Exhibits A, B, C, D, E, F1, G, I, J, K, L, M, N, O, P, Q, R, S, and T are attached to and form a part of this Subaward. This Subaward constitutes the complete and exclusive statement of understanding between the parties, which supersedes all previous agreements, written or oral, and all other communications between the parties relating to the subject matter of this Subaward. No change to this Subaward will be valid unless prepared pursuant to Subparagraph 8.1 (Amendments) and signed by both parties.
VI. Subparagraph 1.6 is deleted in its entirety and replaced as follows:
1.6 In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, goods, Service, or other work, or otherwise between the base Subaward and the Exhibits, or between Exhibits, such conflict or inconsistency will be resolved by giving precedence first to the terms and conditions of the Subaward and then to the Exhibits according to the following priority:
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 3
1.6.1 Exhibit A (Statement of Work)
1.6.2 Exhibit B (Budget)
1.6.3 Exhibit C (Mandated Program Services)
1.6.4 Exhibit D (County’s Administration)
1.6.5 Exhibit E (Subrecipient's Administration)
1.6.6 Exhibit F 1 ( Subrecipient Acknowledgement and Confidentiality Agreement)
1.6.7 Exhibit G (Safely Surrendered Baby Law)
1.6.8 Exhibit I ( Business Associate Agreement Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA))
1.6.9 Exhibit J (Charitable Contributions Certification)
1.6.10 Exhibit K (Information Security and Privacy Requirements)
1.6.11 Exhibit L (California Civil Rights Laws Certification)
1.6.12 Exhibit M (FEMA Provisions)
1.6.13 Exhibit N (Criteria and Standards for Letters of Credit and Certificates)
1.6.14 Exhibit O (Subrecipient's Compliance with Encryption Requirements)
1.6.15 Exhibit P (Definitions)
1.6.16 Exhibit Q (Accounting, Administration and Reporting Requirements)
1.6.17 Exhibit R (Joint Funding Revenue Disclosure)
1.6.18 Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, Non-Fixed Assets and Supplies)
1.6.19 Exhibit T (List of Lower Tier Subawards)
VII. Subparagraph 4.2.1 is added as follows:
4.2.1 The term of this Subaward will be extended for one (1) year commencing on July 1, 2024, through June 30, 2025, unless sooner terminated or extended, in whole or in part, as provided in this Subaward.
VIII. Subparagraph 5.1.1.2 is deleted in its entirety and replaced as follows:
5.1.1.2 County will reimburse Subrecipient for supplying all the tasks, deliverables, goods, Services, and other work specified under this Subaward. Subrecipient will provide
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 4
Services as set forth in Exhibit A (Statement of Work), Budget exhibit(s), and Mandated Program Services exhibit(s). In the event that County or any of its duly authorized representatives (including, but not limited to, Federal, State and other County agents) notes any discrepancy(ies) between Subrecipient's true/actual costs and the costs which have been reimbursed to Subrecipient then County will remedy such discrepancy(ies) at County's sole discretion.
IX. Subparagraph 5.1.4 is added as follows:
5.1.4 Subaward Sum Year 2 Funding Source(s)
5.1.4.1 The Subaward Sum Year 2 for this Subaward is comprised of monies which are identified by the funding source(s) or governing statue(s) listed below. The funding source(s) and governing statute(s) authorize County to use these monies to provide Program Services.
5.1.4.2 Older Americans Act (OAA) Title III B (Supportive Services and Senior Centers) original baseline funds
5.1.4.2.1 Subaward Sum: $134,000
5.1.4.2.2 Service Area: Supervisorial District 2
5.1.4.2.3 Period of Performance: July 1, 2024 – June 30, 2025 (consistent with California Department of Aging contract number AP-2425-19)
5.1.4.2.4 Allocation Letter: Fiscal Year 2024-25 Baseline Funding Allocation for Supportive Services Program
X. Subparagraph 5.4.1 is deleted in its entirety and replaced as follows:
5.4.1 Subrecipient will have no claim against County for payment of any money or reimbursement, of any kind whatsoever, for any Service provided by Subrecipient after the expiration or other termination of this Subaward. Should Subrecipient receive any such payment, Subrecipient must immediately notify County's Contract Manager and must immediately repay all such funds to County.
Payment by County for Services rendered after expiration or termination of this Subaward will not constitute a waiver of County's right to recover such payment from Subrecipient.
XI. Subparagraph 5.5.1 is deleted in its entirety and replaced as follows:
5.5.1 Subrecipient must invoice County only for providing the tasks, deliverables, goods, Services, and other work specified in Exhibit A (Statement of Work) , Mandated Program Services exhibit(s) and elsewhere hereunder. Subrecipient
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 5
must prepare invoices, which will include the charges owed to Subrecipient by County under the terms of this Subaward. Each invoice must be based on actual expenditures and Subrecipient will not submit an invoice based on budgeted or estimated costs (i.e., Subrecipient will not submit an invoice based on 1/12th of the Subaward Sum allocated for the Fiscal Year under this Subaward).
XII. Subparagraph 5.5.2 is deleted in its entirety and replaced as follows:
5.5.2 Subrecipient’s invoices must be priced in accordance with the information provided in Budget exhibit(s) and Mandated Program Services exhibit(s) for the Fiscal Year (or Program Year) identified therein. Subrecipient will be paid only for the tasks, deliverables, goods, Services, budgeted items, and other work approved in writing by County. If County does not approve the Work in writing, no payment will be due to Subrecipient for that Work.
XIII. Subparagraph 5.5.3 is deleted in its entirety and replaced as follows:
5.5.3 Intentionally Omitted
XIV. Subparagraph 5.5.7 (Subaward-Related Documents) is deleted in its entirety, replaced, and renumbered as follows:
5.5.7 Subaward-Related Documents
5.5.7.1 Subrecipient must complete all Subaward-related documents in accordance with the requirements noted on each such document, as directed by County, and pursuant to Program guidelines.
Subrecipient's failure to timely submit Subaward-related documents that are accurate and complete, as requested or required by County, may result in suspension of payments to Subrecipient or other remedies provided by law or under this Subaward. Such documents must include, but are not limited to, the documents outlined in Subparagraph 9.20 ( Subaward Document Deliverables),
Subparagraph 9.21 (Fiscal Reporting Requirements) and the following: Budget exhibit(s); Mandated Program Services exhibit(s), Exhibit E ( Subrecipient's Administration); Exhibit F 1 (Subrecipient Acknowledgement and Confidentiality Agreement); Exhibit J (Charitable Contributions Certification); Exhibit L (California Civil Rights Laws Certification); Exhibit M ( FEMA Provisions) (applicable only when Subaward Sums include FEMA Funds); Exhibit O
(Subrecipient's Compliance with Encryption Requirements); Exhibit R (Joint Funding Revenue Disclosure); and Exhibit T (List of Lower Tier Subawards).
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 6
XV. Subparagraph 5.5.8 (Local Small Business Enterprise (Local SBE) – Prompt Payment Program is deleted in its entirety, and replaced as follows:
5.5.8 Preference Program Enterprise– Prompt Payment Program
5.5.8.1 Certified Prompt Payment Enterprises (PPEs) will receive prompt payment for Services they provide to County. Prompt payment is defined as fifteen (15) calendar days after receipt of an approved, undisputed invoice which has been properly matched against documents such as a receiving, shipping or services delivered report, or any other validation of receipt document consistent with Board Policy 3.035
(Preference Program Payment Liaison and
Prompt Payment Program).
XVI. Subparagraph 5.10.4 is deleted in its entirety and replaced as follows:
5.10.4 Federal Award Identification Number (FAIN): 2301CAOASS-01; 2401CAOASS-01
XVII. Subparagraph 5.10.5 is deleted in its entirety and replaced as follows:
5.10.5 Federal Award Dates
5.10.5.1 July 1, 2023
5.10.5.2 July 1, 2024
XVIII. Subparagraph 5.10.6 is deleted in its entirety and replaced as follows:
5.10.6.1 July 1, 2023 – June 30, 2024
5.10.6.2 July 1, 2024 – June 30, 2025
XIX. Subparagraph 5.10.7 is deleted in its entirety and replaced as follows:
5.10.7 Amount of Federal Funds Obligated by this Action:
5.10.7.1 Original Subaward: $106,874
5.10.7.2 Amendment One: $5,000
XX. Subparagraph 5.10.8 is deleted in its entirety and replaced as follows:
5.10.8 Total Amount of Federal Funds Obligated to Subrecipient (Subaward Sum):
5.10.8.1 Subaward Sum Year 1: $111,874
5.10.8.2 Subaward Sum Year 2: 134,000
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 7
XXI. Subparagraph 5.10.9 is deleted in its entirety and replaced as follows:
5.10.9 Total Amount of Federal Award (Maximum Subaward Sum): $245,874 XXII. Subparagraph 5.10.10 is deleted in its entirety and replaced as follows:
5.10.10 Federal Award Project Description
5.10.10.1 July 1, 2023 – June 30, 2024: Federal Title IIIB 3BSL
5.10.10.2 July 1, 2024 – June 30, 2025: Federal Title IIIB 3BSL
XXIII. Subparagraph 5.13.4 is deleted in its entirety and replaced as follows:
XXIV. At any time during the duration of the Contract , Contractor may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business, or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with County, will decide whether to approve exemption requests.
XXV. Subparagraph 6.1.1 is deleted in its entirety and replaced as follows:
5.13.4 A listing of all County Administration referenced in the following Subparagraphs is provided in Exhibit D (County's Administration). County will notify Subrecipient in writing of any changes as they occur. Said changes do not require an amendment to this Subaward.
XXVI. Subparagraph 6.5 ( COUNTY’S BUSINESS HOURS ) is deleted in its entirety and replaced as follows:
6.5 COUNTY’S CONTRACT ANALYST
6.5.1 The role of County’s Contract Analyst is to manage and facilitate the administrative functions of the Subaward. County’s Contract Analyst reports to County’s Contract Manager.
XXVII. Subparagraph 7.1.1 is deleted in its entirety and replaced as follows:
7.1.1 A listing of all Subrecipient 's Administration referenced in the following Subparagraphs is provided in Exhibit E ( Subrecipient's Administration).
Subrecipient will notify County's Contract Manager in writing of any changes as they occur. Said changes do not require an amendment to this Subaward.
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 8
XXVIII. Subparagraph 7.2.1 is deleted in its entirety and replaced as follows:
7.2.1 Subrecipient's Project Manager is designated in Exhibit E ( Subrecipient's Administration). Subrecipient must notify County's Contract Manager in writing of any change to Exhibit E (Subrecipient’s Administration), as they occur.
XXIX. Subparagraph 7.4.1 is deleted in its entirety and replaced as follows:
7.4.1 Subrecipient will provide, at Subrecipient's expense, all staff providing Services under this Subaward with a photo identification badge ("badge"). The badge must be developed in accordance with County's specifications. Subrecipient must obtain approval for the format and content of the badge from County's Program Manager prior to Subrecipient creating, issuing, or implementing use of the badge.
XXX. Subparagraph 7.4.2 is deleted in its entirety and replaced as follows:
7.4.2 Subrecipient’s staff, while on duty or when entering County facilities or grounds, must prominently display the badge on the upper part of the body.
Subrecipient's staff may be asked by a County representative to leave a County facility if Subrecipient 's staff does not have the photo identification badge on their person and Subrecipient 's staff must immediately comply with such request.
XXX. Subparagraph 7.4.3 is deleted in its entirety and replaced as follows:
7.4.3 Subrecipient must notify County's Contract Manager within five (5) days when staff is terminated from working under this Subaward. Subrecipient must retrieve and immediately destroy the staff's badge upon the staff's termination of employment with Subrecipient.
XXXI. Subparagraph 7.4.4 is deleted in its entirety and replaced as follows:
7.4.4 If County requests the removal of Subrecipient 's staff, Subrecipient must retrieve and immediately destroy staff's badge at the time the staff is removed from working on this Subaward.
XXXII. Subparagraph 7.5.8 is added as follows:
7.5.8 These terms will also apply to lower tier subrecipients of County subrecipients.
XXXIII. Subparagraph 8.5.1 is deleted in its entirety and replaced as follows:
8.5.1 Subrecipient must develop and maintain operating procedures for receiving, investigating, and responding to complaints. Within fifteen (15) business days after the Subaward effective date, Subrecipient must provide County's
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 9
Program Manager with Subrecipient's procedures for receiving, investigating, and responding to Client complaints.
XXXIV. Subparagraph 8.5.2 is deleted in its entirety and replaced as follows:
8.5.2 County will review Subrecipient's procedures and provide Subrecipient with approval of said procedures or with requested changes.
XXXV. Subparagraph 8.5.3 is deleted in its entirety and replaced as follows:
8.5.3 If County requests changes in Subrecipient's procedures, Subrecipient must make such changes and resubmit the procedures within five (5) business days for County approval.
XXXVI. Subparagraph 8.5.4 is deleted in its entirety and replaced as follows:
8.5.4 If, at any time, Subrecipient wishes to change Subrecipient's procedures, Subrecipient must submit proposed changes to County's Program Manager for approval before implementation.
XXXVII. Subparagraph 8.11 (CONSIDERATION OF HIRING GAIN AND GROW PARTICIPANTS) is deleted in its entirety and replaced as follows:
8.11 CONSIDERATION OF HIRING GAIN/START PARTICIPANTS
8.11.1 Should Subrecipient (that is, “Contractor”) require additional or replacement personnel after the effective date of this Subaward (that is, “Contract”), Contractor will give consideration for any such employment openings to participants in County of Los Angeles Department of Public Social Services (DPSS) Greater Avenues for Independence (GAIN) Program or Skills and Training to Achieve Readiness for Tomorrow (START) Program who meet Contractor's minimum qualifications for the open position. For this purpose, consideration will mean that Contractor will interview qualified candidates. County will refer GAIN/START participants by job category to Contractor. Contractor must report all job openings with job requirements to: [email protected]
and
[email protected] and DPSS will refer qualified GAIN/START job candidates.
8.11.2 In the event that both laid-off County employees and GAIN/START participants are available for hiring, County employees must be given first priority.
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 10
XXXVIII. Subparagraph 8.24.3.1 is deleted in its entirety and replaced as follows:
8.24.3.1 County, its Special Districts, Elected Officials, Officers, Agents, employees, and volunteers (collectively County and its Agents) must be provided additional insured status under Subrecipient 's General Liability policy with respect to liability arising out of Subrecipient 's ongoing and completed operations performed on behalf of County. County and its Agents' additional insured status will apply with respect to liability and defense of suits arising out of Subrecipient's acts or omissions, whether such liability is attributable to Subrecipient or to County. The full policy limits and scope of protection also must apply to County and its Agents as an additional insured, even if they exceed County's minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein.
XXXIX. Subparagraph 8.24.11.1 is deleted in its entirety and replaced as follows:
8.24.11.1 If any part of the Required Insurance is written on a claims made basis, any policy retroactive date must precede the effective date of this Subaward.
Subrecipient understands and agrees it will maintain such coverage for a period of not less than three (3) years following Subaward expiration, termination, or cancellation.
XL. Subparagraph 8.36.1 is deleted in its entirety and replaced as follows:
8.36.1 Any documents submitted by Subrecipient, all information obtained in connection with County's right to audit and inspect Subrecipient's documents, books, and accounting records pursuant to Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement), as well as those documents which were required to be submitted in response to the solicitation used to procure this Subaward, become the exclusive property of County. All such documents become a matter of public record and will be regarded as public records. Exceptions will be those elements in the
California Government
Code Section 7921 et seq. ( Public Records Act) and which are marked "trade secret", "confidential" or "proprietary". County will not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.
XLI. Subparagraph 8.37.1.2 is deleted in its entirety and replaced as follows:
8.37.1.2 During the term of this Subaward, Subrecipient will not, and will not authorize another to, publish or disseminate any commercial advertisements, press
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 11
releases, feature articles, or other materials using the name of County without the prior written consent of County's Contract Manager.
XLII. Subparagraph 8.44.2 is deleted in its entirety and replaced as follows:
8.44.2 Contractor must immediately report any attempt by a County officer, employee, or agent to solicit such improper consideration. The report must be made to Los Angeles County Fraud Hotline at (800) 544- 6861 or https://fraud.lacounty.gov/.
XLIII. Subparagraph 8.58.1 is deleted in its entirety and replaced as follows:
8.58.1 A Proposer, or a Subrecipient (that is, "Contractor") or its subsidiary or Lower Tier Subrecipient (that is, "Subcontractor") ("Proposer/Contractor"), is prohibited from submitting a bid or proposal in a County solicitation if Proposer/Contractor has provided advice or consultation for the solicitation.
A Proposer/Contractor is also prohibited from submitting a bid or proposal in a County solicitation if Proposer/Contractor has developed or prepared any of the solicitation materials on behalf of County. A violation of this provision will result in the disqualification of Proposer/Contractor from participation in County solicitation or the termination or cancellation of any resultant County contract.
XLIV. Subparagraph 8.60 (COVID 19 VACCINATIONS OF COUNTY CONTRACTOR PERSONNEL) is deleted in its entirety and replaced as follows:
8.60 CAMPAIGN CONTRIBUTION PROHIBITION FOLLOWING FINAL
DECISION IN SUBAWARD PROCEEDING
8.60.1 P ursuant to Government Code Section 84308
, Subrecipient
and its Lower Tier Subrecipients, are prohibited from making a contribution of more than $250 to a County officer for twelve (12) months after the date of the final decision in the proceeding involving this Subaward. Failure to comply with the provisions of
Government Code Section 84308 and of this Subparagraph, may be a material breach of this Subaward as determined in the sole discretion of the County.
XLV. Subparagraph 9.11.7 is deleted in its entirety.
XLVI. Subparagraph 9.20.3.3 (Fire Department Inspection Report) is deleted in its entirety and replaced as follows:
9.20.3.3 Fire Department Inspection Report
9.20.3.3.1 For each Service site that Client will visit, Subrecipient must obtain a fire inspection of its facility(ies). The inspection must
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 12
be conducted by the Los Angeles County Fire Department or by Subrecipient's local fire department. Subrecipient must obtain a written report of the inspection which must be provided to County at the beginning of the first Fiscal Y ear or Program Year of this Subaward, or upon the opening of each Service site.
In the event that violations are noted on the inspection report, Subrecipient must ensure that it complies with all corrective measures as directed by the fire department. Subrecipient must provide to County written evidence of its compliance within five (5) days of receiving the evidence from the fire department. The fire inspection report must be current within
the most recent
twelve (12) month period. Subrecipient is responsible for knowing and understanding their local fire requirements and guidelines and must ensure ongoing compliance with fire inspection pursuant to local ordinances and regulations.
XLVII. Paragraph 10.0 is deleted in its entirety and replaced as follows:
10.0 SURVIVAL
10.1 In addition to any terms and conditions of this Subaward that expressly survive expiration or termination of this Subaward by their terms, the following provisions will survive the expiration or termination of this Subaward for any reason:
Paragraph 1.0 Applicable Documents
Paragraph 2.0 Definitions and Headings
Paragraph 3.0 Work
Subparagraph 5.4 No Payment for Services Provided
Following Expiration or Termination of
Subaward
Subparagraph 7.6 Confidentiality
Subparagraph 8.1 Amendments
Subparagraph 8.2 Assignment and Delegation/Mergers
or Acquisitions
Subparagraph 8.6 Compliance with Applicable Laws
Subparagraph 8.19 Fair Labor Standards
Subparagraph 8.20 Force Majeure
Subparagraph 8.21 Governing Law, Jurisdiction, and
Venue
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 13
Subparagraph 8.23 Indemnification
Subparagraph 8.24 General Provisions for all Insurance
Coverage
Subparagraph 8.25 Insurance Coverage
Subparagraph 8.26 Liquidated Damages
Subparagraph 8.34 Notices
Subparagraph 8.38 Record Retention and Inspection and
Audit Settlement
Subparagraph 8.42 Termination for Convenience
Subparagraph 8.43 Termination for Default
Subparagraph 8.48 Validity
Subparagraph 8.49 Wavier
Subparagraph 8.58 Prohibition from Participation in Future Solicitation(s)
Subparagraph 8.60 Campaign Contribution Prohibition
Following Final Decision in Subaward
Proceeding
Subparagraph 9.11 Ownership of Materials, Software and
Copyright
Subparagraph 9.12 Patent, Copyright and Trade Secret
Indemnification
Paragraph 10.0 Survival
XLVIII. “Exhibit B (Budget) Amendment 2 {FY 2024-25 Baseline Funding}” is added as an addendum to "Exhibit B (Budget)", and is incorporated herein by reference.
XLIX. “Exhibit C (Mandated Program Services ) Amendment 2 {FY 2024-25 Baseline Funding}” is added as an addendum to "Exhibit C (Mandated Program Services)”, and is incorporated herein by reference.
L. “Exhibit D (County’s Administration) ” for FY 2024- 25 is added as an addendum to “Exhibit D (County’s Administration)” and is incorporated herein by reference.
LI. “Exhibit E (Subrecipient’s Administration)” for FY 2024-25 is added as an addendum to “Exhibit E (Subrecipient’s Administration)” and is incorporated herein by reference.
LII. “Exhibit F (COVID-19 Vaccination Certification of Compliance)” is deleted in its entirety.
Supportive Services Program
Subaward Number SSP232403
Amendment Two Page 14
LIII. “Exhibit J (Charitable Contributions Certificate)” for FY 2024- 25 is added as an addendum to “Exhibit J (Charitable Contributions Certificate)” and is incorporated herein by reference.
LIV. “Exhibit R (Joint Funding Revenue Disclosure)” for FY 2024- 25 is added as an addendum to “Exhibit R (Joint Funding Revenue Disclosure)” and is incorporated herein by reference.
LV. “Exhibit T (List of Lower Tier Subawards)” for FY 2024-25 is added as an addendum to “Exhibit T (List of Lower Tier Subawards)” and is incorporated herein by reference.
LVI. The "Fiscal Year 2024-25 Baseline Funding Allocation for Supportive Services Program” funding allocation letter is incorporated herein by reference.
All other terms and conditions of the Subaward will remain in full force and effect. //
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IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Amendment Two to be subscribed on its behalf by the Director of Aging and Disabilities Department, and the Subrecipient has subscribed the same through its Authorized Representative. The Authorized Representative(s) signing on behalf of Subrecipient warrants under penalty of perjury that he or she is authorized to bind Subrecipient.
COUNTY OF LOS ANGELES
By
Dr. Laura Trejo, Director Date
County of Los Angeles
Aging and Disabilities Department
SUBRECIPIENT
City of Gardena
Subrecipient’s Legal Name
SSP232404
Subaward Number
By
Name of Authorized Date
Representative
Title
Approved as to Form:
Signature
OFFICE OF COUNTY COUNSEL
Dawyn R. Harrison, County Counsel
By
Name of Authorized Representative Date
By ____ ____ __
Lawrence M. Green
Senior Deputy County Counsel
Title
Signature
Clint Osorio (May 30, 2024 16:54 PDT)
Clint Osorio
Clint Osorio
5/30/24
City Manager
FY 2024-25 SSP Amendment Two (City of
Gardena)
Final Audit Report 2024-05-30
Created: 2024-05-30
By: Anthony Leoni ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAkmE7fMYZmwUPkzUA2D2JdgiFZGgQbfZm "FY 2024-25 SSP Amendment Two (City of Gardena)" History Web Form created by Anthony Leoni ([email protected]) 2024-05-15 - 9:07:41 PM GMT
Web Form filled in by Clint Osorio ([email protected]) 2024-05-30 - 11:54:08 PM GMT- IP address: 64.201.101.68 Email verification link emailed to Clint Osorio ([email protected]) 2024-05-30 - 11:54:10 PM GMT
Email viewed by Clint Osorio ([email protected]) 2024-05-30 - 11:54:29 PM GMT- IP address: 64.201.101.68 E-signature verified by Clint Osorio ([email protected]) 2024-05-30 - 11:54:32 PM GMT- IP address: 64.201.101.68 Agreement completed.
2024-05-30 - 11:54:32 PM GMT
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.N
Section: CONSENT CALENDAR
Meeting Date: July 23, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
RESOLUTION NO. 6678
, Authorizing the Filing of a Claim with the Los
Angeles County Metropolitan Transportation Authority for Local Transportation Funds CONTACT: TRANSPORTATION
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
Staff recommends the City Council adopt Resolution No.
6678
, which authorizes the filing of a
claim with the Los Angeles County Metropolitan Transportation Authority (Metro) for Local Transportation Funds for Fiscal Year 2024-2025.
The attached resolution provides the necessary authority to file a claim with Metro for Local Transportation Funds in support of GTrans' capital and/or operating expenses. These funds have been included in the City of Gardena's Fiscal Year budget for 2024-2025 previously approved by City Council.
FINANCIAL IMPACT/COST:
There is no impact to the General Fund.
Anticipated Revenue and Expense:
SB325 TDA
Article 4 LTF
$ 7,546,689
TDA-STAF
$ 2,679,369
Total:
$10,226,058
ATTACHMENTS:
Local Transportation Funds STA_TDA FY24-25 RESO No. 6678 7_23_24.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
RESOLUTION NO. 6678
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA,
CALIFORNIA, AUTHORIZING THE FILING OF A CLAIM WITH THE
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY FOR LOCAL TRANSPORTATION FUNDS
WHEREAS, Transportation Development Act of 1971 (“Act”), Chapter 1400, Statues 1971 (SB 325), and amendments thereto, makes certain funds available for public transportation systems; and
WHEREAS, the Gardena City Council has adopted a budget for the Gardena Municipal Bus Lines for Fiscal Year 2024-2025, evidencing the need for financial assistance; and
WHEREAS, the Los Angeles County Metropolitan Transportation Authority (LACMTA) has been charged in the Act with the responsibility for the general administration of local transportation funds established through the Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA , CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager or designee of the City of Gardena is hereby authorized to file a claim with the Los Angeles County Metropolitan Transportation Authority for local transportation funds in an amount to be determined by LACMTA based on preliminary estimates of funds available.
SECTION 2. That this Resolution shall be effective immediately.
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the reco rds of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.
Passed, approved, and adopted this 23rd day of July 2024.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
Docusign Envelope ID: 3BF3D625-B11C-4A9E-8A46-0169FFF725EA
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 8.O
Section: CONSENT CALENDAR
Meeting Date: July 23, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve Purchase of On-Board Digital Storage for a Total of $84,955 and a Project Total of $
93,450.50
CONTACT: TRANSPORTATION
COUNCIL ACTION REQUIRED:
RECOMMENDATION AND STAFF SUMMARY:
GTrans' current security camera surveillance system was installed in 2014 and has been crucial to our operations, providing a sense of security for our operators and passengers and serving as a deterrent to criminal activity. The footage also allows GTrans to better train its operators to deliver a higher level of service to its customers. Finally, video and audio monitoring are important to our incident and accident investigations, complaints, and other security events that may occur on board buses, trolleys or on-demand vehicles, or in the purview of the cameras.
In order to improve storage capacity for each vehicle's video recorder GTrans wishes to
purchase additional digital storage, or hard drives with accompanying enclosures from its camera system provider, Luminator Technology Group. Luminator provided GTrans' video surveillance system and has been a partner with GTrans since 2014. Luminator's proprietary enclosure system surrounding the hard drive allows for a seamless installation by GTrans, and additional security locking mechanisms ensure that the drives will not be tampered with or compromised. GTrans wishes to purchase 130, 8-Terabyte hard drives/enclosures at a cost of $572 per unit plus estimated freight and sales tax for a total cost of $84,955. Staff has reviewed this pricing and determined that it is fair and reasonable. GTrans wishes to include a 10 percent contingency or $8,495.50, to accommodate any unforeseen changes that may arise. Such expenditures would only be approved in advance by GTrans staff.
Therefore, staff respectfully recommends that Council authorize the purchase of on-board digital storage from Luminator Technology Group for the cost of $84,955, inclusive of estimated sales tax and freight, and approve a program total of $93,450.50 which includes a 10 percent contingency.
FINANCIAL IMPACT/COST:
GTrans has local capital funds available for this purchase within the FY25 budget. There is no impact to the General Fund.
ATTACHMENTS:
Quote #A-0165101C Gardena CA 1 year Recording Storage 7_16_2024.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
Quotation Number: A-0165101C
Date: 7/16/2024
Payment Terms: Progress Billed Contract
Shipping Terms: FOB Origin
End User: Gardena CA
Project:
Customer Account Number:
Sales Manager:
Sales Phone Number:
Sales Email:
Bill To: Ship To:
Tel: (310) 879-9964
Fax / Email:
Line Qty Unit Price Ext. Price
1 130 $572.00 $74,360.00
2 1 $2,974.00 $2,974.00
3 1 $7,621.00 $7,621.00
Subtotal: 84,955.00$
Standard Terms and Conditions of Sale: https://luminator.com/images/Supplier_Documents_-_North_America/GENERAL_T_C_SALE_V1.1_2021.pdf Warranty and Repair Service Information: https://luminator.com/images/Supplier_Documents_-_North_America/LUMINATOR_WARRANTY_V1.2_2021.pdf (214) 557-5735
Anthony Tapia
1 year Recording Storage Options
M012365
RR-HDD8 RoadRunner HD Removable Hard Disk Drive, 8TB
[email protected]
City of Gardena, dba: GTrans
Minesh Chauhan
Model Description
1700 W 162nd St Gardena, California 90247-3732 United States Mobile Video Equipment: 1 Year Recording Storage
[email protected]
Please submit orders to [email protected], referencing the quotation number provided.
All prices are in US dollars; prices and terms are valid for 30 days. Freight charges, installation charges and taxes (if applicable) are additional and may not be included in this quotation.
All returns are subject to a 20% re-stocking fee.
Freight Estimate
900005000 Freight Estimate ONLY
Tax Estimate
CFM1 Tax Estimate ONLY (10.25%)
Luminator Technology Group
Tel: 972-424-6511
www.luminator.com
900 Klein Road – Plano, TX 75074
Tel: 972.424.6511; Fax: 972.663.0767
www.luminator.com
GENERAL TERMS AND CONDITIONS OF SALE, NORTH AMERICA
EFFECTIVE DATE: APRIL 1, 2021
GENERAL, INTERPRETATION AND COMPLETENESS: This contract is deemed made in the state of Seller’s principal place of business and shall be interpreted under the Uniform Commercial Code and other laws of said state in force at the date of contract. Products are sold only on the terms contained in this document. Different or additional terms, previously or hereafter proposed by Buyer, are not agreed to by Seller. This contract contains the final and entire agreement between Seller and Buyer and no understandings, representations, agreements, modifications, alterations or additions shall be effective unless in writing and signed by Seller and Buyer. These General Terms and Conditions of Sale are not valid under GSA Contract purchases.
TITLE, RISK OF LOSS AND INSURANCE: Title to each shipment of the products sold hereunder and risk of loss thereon passes to Buyer when such products are delivered by Seller or its agent to a common carrier or licensed trucker consigned to Buyer, or his agent, but they remain subject to Seller’s rights of stoppage in transit and of reclamation. If a strike, embargo, governmental action or any other cause beyond Seller’s control prevents shipment or delivery to Buyer or his Agent, or if shipping instructions for any shipment are not received before shipment date, or if payment is to be made on or before delivery, title and risk of loss passes as soon as the shipment has been set aside by Seller and invoiced to Buyer (subject to Seller’s rights as an unpaid Seller), payment shall be made in accordance with invoice as though the products had been delivered and accepted by Buyer and the Seller shall be under no duty to carry insurance thereafter.
PRICES AND TERMS: All prices quoted are F.O.B. point of shipment and Seller’s standard terms of net 30 days after shipment, subject to the approval of its credit department. On all invoices not paid by maturity date, Seller reserves the right to charge a service fee from the maturity date of said invoice at the maximum lawful interest rate permitted by law, or such lower rate as Seller, in its sole discretion may determine. Pro-rata payments shall become due as shipments are made. If Buyer delays shipment or delivery, seller reserves the right to bill upon the date of originally scheduled shipment date and payment shall become due based upon the date of which Seller is prepared to make shipment. Buyer shall be liable for the price of all products substantially conforming to the contract, not-withstanding that Buyer may not have accepted, or may have revoked acceptance of same Seller may, at any time and from time to time, in its sole discretion, limit or cancel the credit of Buyer as to time and amount and as a consequence, may demand payment in cash before shipment of any unfilled portion of this contract and failure of Buyer to make any such payment within 10 days after demand shall constitute an event of default under this contract.
Approval of credit for one or more shipments or contracts shall not be deemed a waiver of the provisions of this paragraph.
Buyer hereby represents to Seller that is now solvent and agrees that each acceptance of delivery of the products sold hereunder shall constitute reaffirmation of this representation at such time. For any overdue payments, buyer shall pay, in addition to the overdue payment, any collection, attorneys’ fees and court costs incurred in connection with collection.
SALES AND SIMILAR TAXES: Unless otherwise stated, the Seller’s prices do not include sales, use, excise or similar taxes.
Consequently, in addition to the prices specified herein, the Buyer hereunder shall pay the amount of any applicable present or future sales, use, excise or other similar tax applicable to the sale of the products.
DELIVERY: Seller shall not be liable for any default, delay or reduction in performance or inability to perform occasioned by any cause beyond its control or beyond the control of its suppliers or contractors, including, but not limited to strike, embargo, governmental action or inability to obtain materials. If performance by Seller is delayed by reason thereof, time for performance shall be extended for a period of time equal to the duration of such cause. If as a result of any such cause, Seller is unable to perform this contract in whole or in part, then to the extent that it is unable to perform the contract shall be deemed terminated without liability to either party, but shall remain in effect as to the unaffected portion thereof, if any.
CLAIMS:
(a) Buyer shall be conclusively deemed to have accepted any product sold hereunder, and he shall be barred from any remedy except as set forth in paragraph “Warranty” including but not limited to, his right to cancel, reject or claim damages for breach of this contract (1) in the case of all claims except a latent defect 14 days after invoice or shipment date whichever is later or (2) in case of a latent defect 30 days after invoice or shipment date or (3) in any event when the product shall have been altered from its original state.
(b) If within the periods of time specified in subparagraph (a) Buyer notifies Seller in writing sent by certified mail of a claimed breach of this contract then (1) Buyer shall together with such notice of such claimed breach offer Seller in writing prompt opportunity to examine the product and the failure to so offer or to afford adequate opportunity for examination by Seller constitutes acceptance and waiver of all claims for breach (2) if Seller determines such claim to be valid, it may within a reasonable time (I) at Sellers option either repair or replace nonconforming part, parts or product or (II) in the case of any product
900 Klein Road – Plano, TX 75074
Tel: 972.424.6511; Fax: 972.663.0767
www.luminator.com
sold under this contract which remains undelivered on the date of delivery Seller may deliver such product and such actions shall be accepted by Buyer as full performance of this contract.
SEVERABILITY OF BREACH: Any defect in quality, delay in delivery or non-delivery shall affect only the particular shipment so defective or delayed or not delivered and shall not affect the balance of this contract or any other contract. Any shipment not in dispute shall be paid for on the due date, as provided in this contract, without offset, defense or counterclaim and regardless of any controversy relating to any other shipment or undelivered product.
DEFAULT BY BUYER: If Buyer fails, with or without cause, to furnish Seller with specifications and/or instructions for, or refuses to accept deliveries of any product herein sold, or is otherwise in default under or breaches or repudiates this or any other contract with Seller or fails to pay when due any invoice under said contract, all of the foregoing being known as events or event of default, then in addition to any and all other remedies which Seller may have hereunder or by law Seller without notice (1) may invoice and declare due and payable all undelivered products, whether finished or unfinished, under this or any other contract with Seller and/or (2) may defer shipment and delivery hereunder and under any other contract until such event (2) of default is (are) removed and/or (3) may cancel any undelivered portion of this and/or any other contract in whole or in part (Buyer remaining liable for damages including but not limited to the difference between the resale price of such undelivered portion and the contract price thereof) and/or (4) may declare forthwith due and payable all outstanding invoices of Buyer under this or any other contract and/or (5) may at any time and from time to time sell all or any products of Buyer or products held for Buyer for the account of Buyer at public or private sales, Buyer is to be responsible for the costs and expenses of such sale and for any deficiency, Seller accounting to Buyer for any excess (Seller having the right to become buyer of such products at any such sale) and/or (6) Seller may take possession of any products Buyer has failed or refused to receive with the right to hold or sell same as above provided.
WARRANTY: SELLER HEREBY EXPRESSLY, EXCLUDES ALL EXPENSES AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR OTHERWISE, except such warranties as are set forth in this paragraph below ANY
COMPONENT SUPPLIED BY PARTIES OVER WHOM SELLER HAS NO CONTROL AS TO THE QUALITY OF THE MANUFACTURE IS
HEREBY EXPRESSLY EXCLUDED FROM ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR OTHERWISE, except as set forth in the express written warranty of the supplier of such component. For complete warranty information, please refer to: WARRANTY TERMS AND CONDITIONS, RETURN, AND REPAIR INFORMATION
SERVICE WARRANTY: Seller warrants and represents that any services performed by Seller or by an authorized subcontractor or agent of Seller pursuant to this Agreement shall be performed on a professional basis, consistent with the best practices in the industry, in compliance with all applicable federal, state and local laws, rules and regulations, and in a diligent, workmanlike, and expeditious manner. Seller represents and warrants that all Seller employees, personnel, agents, or subcontractors performing services shall be trained, experienced, professional, and where applicable, licensed, certified and bonded to perform the services and shall comply with all applicable federal and state laws in the performance of services. SERVICE WARRANTY SPECIFIC TO RENEW AIR TREATMENT COMPONENTS: In addition to the requirements herein, any services associated with air treatment components, including but not limited to: installation, service, maintenance, adjustment and calibration must be performed by Seller, or a Grignard Pure Certified Installer. Buyer indemnifies Seller and assumes all risk and liability associated with non- conformance of this clause.
LIMITATION OF PROCEEDINGS: No action of any kind may be commenced against Seller more than one (1) year from the date Buyer’s claim or cause of action against Seller first arose.
WAIVER: Waiver by Seller of a breach by Buyer of any provision of this contract shall not be deemed a waiver of future compliance therewith and such provision as well as all other provisions hereunder shall remain in full force and effect.
DAMAGES: Seller’s liability shall in no event except in the case of non-delivery exceed the cost of repairing or replacing such part, parts or products or the amount of the purchase price paid with respect to the product on which the claim for damage is based, whichever is lesser (Buyer is to return to Seller any product with regard to which Buyer receives the amount of the purchase price paid) in the case of non-delivery Seller’s liability shall not exceed the difference if any between the contract price and the market price on the contract day of delivery of the product to be delivered.
SELLER IN NO EVENT SHALL HAVE ANY LIABILITY WHATSOEVER FOR PAYMENT OF INCIDENTAL, CONSEQUENTIAL, INDIRECT
OR SPECIAL DAMAGES, INCLUDING BUT NOT LMITED TO DAMAGES FOR LOSS OF PROFIT OR DAMAGES RESULTING FROM
PERSONAL INJURY OR DEATH OR DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY, INCLUDING BUT NOT LIMITED TO ANY PRODUCT SOLD HEREUNDER.
900 Klein Road – Plano, TX 75074
Tel: 972.424.6511; Fax: 972.663.0767
www.luminator.com
WARRANTY TERMS AND CONDITIONS, RETURN, AND REPAIR INFORMATION EFFECTIVE DATE: APRIL 1, 2021
This Warranty Terms and Conditions, Return and Repair Information (“Warranty Document”) sets forth the warranties provided by Luminator Technology Group, Inc. (“Luminator”) to its customers with respect to the products listed below (“Products”). By accepting delivery of a Product, You (“Customer”) agree to be bound by and accept all the terms and conditions in this Warranty Document.
Luminator products are manufactured in accordance with high quality standards, and when used in the manner intended, have a limited warranty against defects in material or workmanship for the following warranty periods:
Product / Solution Type: Duration and type (parts and labor):
Destination Display (All excluding Mobilite) Six (6) Years* / Aftermarket Three (3) Years Voice Announcement System and Infotainment System Three (3) Years* On-board Video Security System Two (2) Years
Air Treatment Componentsi Two (2) Years
Stationary Passenger Information Display One (1) Year Next-Stop Display One (1) Year
Destination Display (Mobilite) One (1) Year
*Removal and replacement labor is included in the warranty for this itemii
The warranty period commences on the date equipment is shipped from Luminator’s facility. During the warranty period, at its discretion, Luminator’s obligation will be limited to repair or replacement, without charge, of any Product proven to be defective in material or workmanship. Customer is responsible for all freight charges to Luminator’s facility and will returned pre-paid by Luminator. Repair of a defective Product is contingent upon availability of replacement parts. If replacement parts are not available, Luminator will, at its option replace the equipment with a comparable product.
INSTRUCTIONS FOR OBTAINING REPAIR OR RETURN SERVICE:
1. All goods must be returned with a valid SRO number.
• To request authorization:
o Call technical support at: 888-288-8721
o Visit luminator.zendesk.com
o Or email: [email protected]
• Please be prepared to provide the following information:
• Your name, company or agency name, telephone number, email and physical shipping address • Part or model number of the product
• Serial number and quantity of each product
• Description of the defect or repair requested
• Luminator will either advise Customer that warranty service shall be provided at the location of the Product or provide shipping instructions for repair or replacement.
2. Package your return carefully, using the original boxes and packaging material if possible. Luminator is not responsible for damage to a product during transit or product lost in transit.
3. Label the outside of the box with the SRO number obtained.
4. Ship the package freight pre-paid to:
Luminator Technology Group
Attn: SRO #____
900 Klein Road
Plano, TX 75074
If your repair is urgent, use expedited freight. Repairs sent via overnight shipping will be returned via overnight shipping.
NOTE: Customer may still incur repair and/or replacement costs due to damage or misuse for Products covered under a valid warranty. Customer may also incur a charge if a Product is returned and found to be free of defects, including shipping charges.
Unless otherwise noted above, the labor required for removal and replacement of warrantied equipment is not included or reimbursable under the standard warranty. To submit for reimbursement of labor, please consult with your local Luminator representative.
LIMITATION OF WARRANTY: This warranty covers normal use and does not cover damage arising from use of a Product in any application other than that for which the Product is intended, damage which occurs in shipment or failure which results from alteration, accident, misuse, neglect, voltage fluctuations, lightning, fire, water damage, (or other acts of nature), riots, faulty
900 Klein Road – Plano, TX 75074
Tel: 972.424.6511; Fax: 972.663.0767
www.luminator.com
installation or adjustment of controls, interfacing with non-standard or custom equipment, improper maintenance, or alteration, repair or service by anyone other than Luminator personnel or its authorized repair agents. This warranty also does not cover normal wear and tear of equipment, including, but not limited to broken connectors, broken or scratched housings or cases, frayed wires, etc. Equipment or devices that Luminator product is connected or mounted to is not covered under warranty and therefore Luminator is not responsible for malfunctions that might occur with the installation of such equipment or device. Any device or component supplied but not manufactured by Luminator is hereby expressly excluded from all implied warranties of merchantability, fitness or otherwise, except as set forth in the express written warranty of the supplier of such device or component. THE WARRANTIES SET FORTH IN THIS WARRANTY DOCUMENT ARE IN LIEU OF ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND OF ANY OTHER SIMILAR OBLIGATION ON THE PART OF LUMINATOR.
LIMITATION OF LIABILITY: LUMINATOR SHALL IN NO EVENT HAVE OBLIGATIONS OR LIABILITIES TO CUSTOMER OR ANY
OTHER PERSON FOR LOSS OF PROFITS, LOSS OF USE OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER
BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION,
EVEN IF LUMINATOR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THE
SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS, OR ANY FAILURE OR DELAY IN CONNECTION WITH ANY OF THE FOREGOING. Without limiting the generality of the preceding sentence, Luminator shall not be liable for personal injury or property damage. In no event shall the liability of Luminator arising in connection with the Products exceed the actual amount paid by Customer to Luminator for the Products.
SERVICE WARRANTY: Seller warrants and represents that any services performed by Seller or by an authorized subcontractor or agent of Seller pursuant to this Agreement shall be performed on a professional basis, consistent with the best practices in the industry, in compliance with all applicable federal, state and local laws, rules and regulations, and in a diligent, workmanlike, and expeditious manner. Seller represents and warrants that all Seller employees, personnel, agents, or subcontractors performing services shall be trained, experienced, professional, and where applicable, licensed, certified and bonded to perform the services and shall comply with all applicable federal and state laws in the performance of services. SERVICE WARRANTY SPECIFIC TO RENEW AIR TREATMENT COMPONENTS: In addition to the requirements herein, any services associated with air treatment components, including but not limited to installation, service, maintenance, adjustment and calibration must be performed by Seller, or a Grignard Pure Certified Installer. Buyer indemnifies Seller and assumes all risk and liability associated with non- conformance of this clause.
MISCELLANEOUS: THIS WARRANTY DOCUMENT APPLIES (I) UNLESS CUSTOMER AND LUMINATOR HAVE SIGNED A
SEPARATE PURCHASE AGREEMENT FOR THE PRODUCTS OR AN AGREEMENT TO LICENSE SOFTWARE ASSOCIATED WITH THE PRODUCTS, IN WHICH CASE SUCH AGREEMENT SHALL GOVERN AND SET FORTH THE APPLICABLE WARRANTIES.
LUMINATOR WILL ONLY BE OBLIGATED TO HONOR ANY WARRANTY SET FORTH IN THIS WARRANTY DOCUMENT UPON RECEIPT OF FULL PAYMENT FOR THE PRODUCTS. This Warranty Document represents the entire agreement between Luminator and Customer relating to the subject matter hereof, and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth herein are of no force and effect. This Warranty Document may not be altered, supplemented, or amended by the use of any other document(s), including an order for Products. Any attempt to alter, supplement or amend this document or to enter an order for Products that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Luminator and Customer. The warranties contained herein extend only to the original purchaser of the Products and no attempt to extend the warranties to any subsequent transferee of the Products shall be valid or enforceable without the express written consent of Luminator.
Interpretation and enforcement of these terms and conditions shall be governed by the laws of the State of Delaware.
All returns may be subject to a 20% re-stocking fee. Please contact your local representative for extended warranty and on-site service options.
i Please refer to “GENERAL TERMS AND CONDITIONS OF SALE FOR GRIGNARD PURE™, NORTH AMERICA ” for information regarding Grignard Pure ™ product ii Luminator will reimburse at a rate of $60 USD per hour for the labor rate of removal and replacement for Destination Displays (excluding Mobilite), Voice Announcement System and Infotainment Systems. Each component (Front, side, dash or rear display and / or operator system controller) will be reimbursed a total of 15 minutes for the removal and replacement. Labor costs will be credited to Buyer’s account to be applied to futur e purchases of aftermarket parts/products and for non-warranty repairs. To obtain credit, Buyer must complete a “Labor Credit Request” form that is provided with the returned parts.
Once completed mail the form with a copy of the packing slip to: Luminator Technology Group, 900 Klein Road - Plano, TX 75074.
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 July 2, 2024,
has been canceled.
The next regularly scheduled meeting will be held on
July 16, 2024, at 7 p.m.
Dated this
26th day of June 2024
/s/ MINA SEMENZA
City Clerk
PLANNING AND ENVIRONMENTAL
QUALITY COMMISSION
Regular PEQC Meeting Notice and Agenda
Website: www.cityofgardena.org
Tuesday, July 16, 2024 – 7:00 PM
Council Chamber at City Hall
1700 W. 162nd Street, Gardena, California
6. OTHER ITEMS
6.A 1818 W. Redondo Beach Blvd, the Tire House Progress Report As requested by the Planning Commission at the April 16, 2024, meeting, staff presented an update report on Tire House Inc.'s progress with meeting the requirements of Site Plan Review #4-15.
Staff Report (Tire House Update).pdf
Attachment A - June 5, 2024, Progress Photos.pdf
Attachment B - July 9, 2024, Progress Photos.pdf
Attachment C - Planning Commission Agenda Packet February 20, 2024.pdf Attachment D - Planning Commission Agenda Packet April 16, 2024.pdf
Commission Action: The Planning Commission motioned that this item be continued and recommended that staff monitor the business for compliance with the conditions of approval for Site Plan Review #4 -15, by a vote of 5 -0. The Planning Commission directed staff to bring forward a report of the applicant ’s progress to the October 1, 2024, Planning Commission meeting.
6.B Workplace Violence Training
California’s new SB 553 law requires all employers to establish a workplace violence prevention strategy and initiate training. A presentation was given by Risk Management Analyst, Tracy Jacobs-Strange.
Commission Action: The Planning Commission was trained on SB553, a workplace violence prevention strategy, and initiate training, by Risk Management Analyst, Tracy Jacobs-Strange.
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 12.A
Section: DEPARTMENTAL
ITEMS - ADMINISTRATIVE
SERVICES
Meeting Date: July 23, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approval of Blanket Purchase Orders for Fiscal Year 2024-2025 COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve Blanket Purchase Orders for Fiscal Year 2024-2025 RECOMMENDATION AND STAFF SUMMARY:
A blanket purchase order authorizes the City to buy goods or services with predetermined terms or conditions. Since these vendors either have individual contracts, are piggybacking on State contracts, sole source vendors, or provide vital services the City is mandated to use, it is only necessary for the requisitioner to request one purchase order for the estimated amount of the expenditure for the fiscal year. The blanket purchase order is limited by a dollar amount, as approved by City Council, and the Purchasing Officer can issue releases of goods or services until the pre-established dollar amount is reached. These amounts being requested are included and within the Adopted Budget for Fiscal Year 2024-2025.
Per the City's municipal code, Section 2.60.100 "Purchases greater than fifty thousand dollars shall be approved by the City Council". Therefore, as the estimated budgeted expenditure amount exceeds $50,000, it is requested that Council approve the following Blanket Purchase Orders for fiscal year 2024-2025 as specified in Exhibit A.
FINANCIAL IMPACT/COST:
See attached Exhibit A; all amounts are Included and within the Adopted Budget for Fiscal Year 2024-2025
ATTACHMENTS:
Exhibit A.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
VENDOR AMOUNT DESCRIPTION OF SERVICE FUNDING SOURCE DEPARTMENT AT&T FirstNet 105,336 $ Citywide Wireless Telecommunication General Fund Administrative Services BPR Consulting Group LLC 1,498,560Plan Check Services/Building Official/Inspection Services/Permit Technicians General Fund Community Development City of Hawthorne 95,000 Mark 43 (CAD/RMS) General Fund Police Data Gear, Inc 200,000 Video Policing Camera Maintenance General Fund Police Dooley's Enterprises, Inc 170,000 Ammunition General Fund Police Enterprise FM Trust 215,000 Patrol & City Lease Fleet General Fund Citywide FM Thomas Air Conditioning Inc 80,838 HVAC Preventative Maintenace & Repair General Fund Public Works Jones Mayer 136,255 City Attorney Services General Fund City Manager's Office Los Angeles County Department of
Public Works 145,000 Industrial Waste Services General Fund Public Works Los Angeles County Fire Department11,960,605 Fire Protection Services General Fund Non-Departmental Los Angeles Superior Court 430,000 Parking Citation Fees General Fund Police Merrimac Petroleum 250,000 Fuel Supply General Fund Public Works Palicon Group 100,000 Investigative Services General Fund Police Phoenix Group Information System 140,000 Citation Billing Services General Fund Police Prudential Overall Supply 67,500 Uniform, Towel & Misc Rental Services/Custodial Supplies General Fund Recreation/Public Works
Race Communications 100,000 Fiber Internet Services General Fund Administrative Services Shige's Foreign Car Service Inc 125,000 Vehicle Repairs General Fund Police South Bay Regional Public
Communications Authority 2,506,909 Annual Assessment General Fund Non-Departmental SPCALA 234,600 Animal Sheltering Services General Fund Community Development Spectrum 100,000 Cable & Back-up Internet Services General Fund Administrative Services Tyler Technologies 57,282 Annual Eden Software Renewal General Fund Administrative Services Wells Fargo Vendor Financial
Services, LLC 50,000 Copier Lease General Fund Citywide Western Collision Center, Inc. 125,000 Vehicle Repairs General Fund Police Total General Fund 18,892,885$
EXHIBIT A
VENDOR AMOUNT DESCRIPTION OF SERVICE FUNDING SOURCE DEPARTMENT Aftermarket Parts 150,000 $ Bus Replacement Parts Enterprise GTrans AT&T FirstNet 52,000 Citywide Wireless Telecommunication Enterprise GTrans Clean Energy 165,000 Fuel - Compressed Natural Gas Enterprise GTrans Copyland 50,000 Professional Copying and Printing Services Enterprise GTrans Department of Industrial Relations 54,161 Office of Self-Insurance Plans Assessment Enterprise GTrans Inter-Con Security Services 116,735 Security Guard Services Enterprise GTrans Merrimac Petroleum 610,630 Fuel - Unleaded Gasoline Enterprise GTrans N/S Corporation 50,000 Bus Wash Equipment Parts Enterprise GTrans Prudential Overall Supply 30,000 Uniform, Towel & Misc Rental Services/Miscellaneous Supplies Enterprise GTrans
Race Communications 15,000 Fiber Internet Services Enterprise GTrans Trane U.S. Inc. 60,000 HVAC Support and Supplies Enterprise GTrans Wells Fargo Vendor Financial
Services, LLC 4,000 Copier Lease Enterprise GTrans
Total GTrans 1,357,526$
VENDOR AMOUNT DESCRIPTION OF SERVICE FUNDING SOURCE DEPARTMENT Department of Industrial Relations 145,839$ Office of Self-Insurance Plans Assessment Internal Service Funds Administrative Services Enterprise FM Trust 150,000 Patrol & City Lease Fleet Various Citywide Mariposa Landscapes 135,418 Tree Trimming Maintenance Service Gas Tax Public Works Mariposa Landscapes 106,368 Landscape Maintenance Service Gas Tax Public Works Micro Electronics, Inc 130,000 Computer Replacement Parts Internal Service Funds Administrative Services NMK Corporation 200,000 Computer Replacement Internal Service Funds Administrative Services Swarco McCain, Inc 85,000 Traffic Equipment Supplier Gas Tax Public Works Wells Fargo Vendor Financial
Services, LLC 1,320 Copier Lease Various Citywide
Total Other Funds 953,945$
GRAND TOTAL ALL FUNDS 21,204,356$
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 12.B
Section: DEPARTMENTAL
ITEMS - ADMINISTRATIVE
SERVICES
Meeting Date: July 23, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approval of Side Letter between the City of Gardena and the Gardena Police Officers Association ("GPOA")
COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve the Side Letter between the City of Gardena and the Gardena Police Officers Association ("GPOA")
RECOMMENDATION AND STAFF SUMMARY:
The City of Gardena ("City") contracts with the California Public Employees' Retirement System ("CalPERS") for employee pensions. Service retirement is a lifetime benefit that is derived from key employment information. The City takes a serious role in working with employees and CalPERS to provide security for our members into retirement. The statutes and regulations governing reportable compensation are outlined in the California Public Employees' Retirement Law Government Code sections 20630, 20636, 20636.1, 7522.34, and the California Code of Regulations (CCR) section 570, 570.5, 571, and 571.1.
In an effort to be compliant with current CalPERS reporting requirements, staff is recommending a change in Compensation, subject to the extent permitted by CalPERS. City Council provided staff authority to negotiate a change in compensation in an effort to solidify reportable compensation for our employees.
Employees will accrue holidays at a rate of 13.33
hours per month for a total of 160 per year. Cash outs
for CalPERS Classic Members: Holiday
leave can be cashed out twice annually. Any remaining holiday hours will be automatically cashed out on the pay period that includes December 31.
Cash outs for CalPERS New Members: For employees who are defined as "new members" under the California Employees' Pension Reform Act ("PEPRA"), they will be able to carry over holiday hours from year-to-year, up to the cap of 400 hours. New members may elect to cash out up to 160 hours of holiday pay that they will accrue in the upcoming year, these cash outs will not be reportable to CalPERS.
Employees will also receive 40 hours of floating holiday annually, these hours will not be reportable to CalPERS and will automatically be cashed out on the pay period that includes December 31.
FINANCIAL IMPACT/COST:
Estimated Annual Net General Fund Expenditure of $220,405 Estimated One-Time Accrued Benefit Liability Stabilization Fund Expenditure of $1,271,893 for Fiscal Year 2024-2025
Estimated One-Time General Fund Expenditure of $252,992 for Fiscal Year 2024-2025
ATTACHMENTS:
Holiday Side Letter - July 2024.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 13.A
Section: DEPARTMENTAL
ITEMS - COMMUNITY
DEVELOPMENT
Meeting Date: July 23, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
PUBLIC HEARING: RESOLUTION NO. 6676
, Certifying the Final EIR for the
City of Gardena General Plan, Zoning Code and Zoning Map Amendment; RESOLUTION NO. 6677
, Readopting the Update to the Land Use Plan implementing Alternative 2, including making findings required by CEQA and adopting a Mitigation Monitoring and Reporting Program; and
ORDINANCE NO. 1873
, Readopting the zone changes for all the Inventory Sites, adopting the zone changes to eliminate the Parking zone on split-zoned properties, adopting a formal statement regarding the dividing line on split-zoned residential properties, and readopting the text changes to Title 18 with the amendments set forth in the Ordinance. Adoption of Ordinance No. 1873 includes making findings required by CEQA and adopting a Mitigation Monitoring and Reporting Program
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 Resolution Nos. 6676 and 6677, and Introduce Ordinance No. 1873.
RECOMMENDATION AND STAFF SUMMARY:
Project Description:
The Project proposes to readopt the amendments the Land Use Plan of the Community Development Element of the Gardena General Plan and Zoning Map for the 468 Inventory Sites identified in the 2021-2029 Gardena Housing Element. In addition, the project involves adopting the zone changes to eliminate the Parking zone on split-zoned properties, adopting a formal statement regarding the dividing line on other split-zoned residential properties, and readopting the text changes to Title 18.
Environmental Determination:
An environmental impact report (EIR) was prepared to analyze the impacts of the changes to both the Inventory and Non-Inventory Sites as well as the text amendments to the Land Use Plan and the zoning code. The Planning Commission will consider a recommendation to the City Council on certifying the EIR prepared for the City of Gardena General Plan, Zoning Code and Zoning Map Amendment Project and adopting a Mitigation Monitoring and Reporting Program. All the related documents are open for public review at the Community Development Department and on the city’s website.
FINANCIAL IMPACT/COST:
None.
ATTACHMENTS:
Staff Report 2021-2029 Housing Element GPA/ZTA/ZC (with Attachments 1-17) Planning Commission Resolution No. 14-24 (without Exhibits) Resolution No. 6676, certifying the Final EIR (with Exhibits) Resolution No. 6677, readopting the Update to the Land Use Plan and implementing changes under Modified Alternative 2 (with Exhibits)
Ordinance No. 1873, readopting the Zone Changes and implementing changes under Modified Alternative 2 (with Exhibits)
APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
City Council Meeting
AGENDA TITLE:
ENVIRONMENTAL ASSESSMENT # 10 -24, GENERAL PLAN AMENDMENT # 1 -24, ZONE CHANGE # 1-24, AND ZONE TEXT AMENDMENT # 4-24
The City Council will be considering certification of an environmental impact report (EIR), adoption of findings, and statement of overriding considerations; General plan land use plan designation changes and text amendments; and Zoning changes and zone text amendments in relation to the 2021-2029 Gardena Housing Element, and toher clean-up matters.
Project Description: The studied Project proposes to readopt the amendments the Land Use Plan of the Community Development Element of the Gardena General Plan and Zoning Map for the 468 Inventory Sites identified in the 2021- 2029 Gardena Housing Element that were revised in F ebruary 2023. In addition, the studied Project looked at placing housing overlays on an additional 802 Non- inventory sites, as well as adopting zone changes to eliminate the Parking zone on split-zoned properties, and rezoning other split-zoned residential properties, and readopting the text changes to Title 18 with some additonal clean-up amendments.
Environmental Determination: An environmental impact report (EIR) was prepared to analyze the impacts of the changes to both the Inventory and Non-Inventory Sites as well as the text amendments to the Land Use Plan and the zoning code. The EIR identified significant and unavoidable impacts under air quality and public services/parks. All other impacts were either below a level of significance or could be mitigated to below a level of significance.
RECOMMENDATION:
Staff respectfully recommends that Council open the public hearing, allow three minutes per speaker, and adopt the following:
• RESOLUTION NO. 6676, Certifying the Final EIR for the City of Gardena General Plan, Zoning Code and Zoning Map Amendment;
AGENDA STAFF REPORT
• RESOLUTION NO. 6677 , Readopting the Update to the Land Use Plan implementing Alternative 2, including making findings required by CEQA and adopting a Mitigation Monitoring and Reporting Program; and
• ORDINANCE NO. 1873, Readopting the zone changes for all the Inventory Sites, adopting the zone changes to eliminate the Parking zone on split -zoned properties, adopting a formal statement regarding the dividing line on split -zoned residential properties, and readopting the text changes to Title 18 with the amendments set forth in the Ordinance. Adoption of Ordinance No. 1873 includes making findings required by CEQA and adopting a Mitigation Monitoring and Reporting Program.
BACKGROUND and ANALYSIS
In March 2021, SCAG adopted its 6 th Cycle housing allocation plan which allocated Gardena a regional housing needs assessment (RHNA) of 5,735 units, broken down as follows: very low income – 1,485 units; low income – 761 units; moderate – 894 units; and above moderate – 2,595 units. In February 2023 the City Council adopted the City’s 6th Cycle Housing Element which, in part, identified the final Inventory Sites of 468 parcels to accommodate the City’s RHNA. (The Housing Element can be found at the following link:
https://cityofgardena.org/wp-content/uploads/2023/03/Clean-Gardena-HE-Adopted- July-13-2022Readopted-February-15-2023.pdf)
In accordance with SCAG’s recommendation, the Inventory Sites included buffers to account for the fact that properties would not all develop at the income units assigned in the Housing Element. The buffer is required because State law requires the City to rezone property if a project is approved on an Inventory Site which would reduce the inventory below that which is required to provide affordable housing.
Based on the sites identified and the projects that were approved or in the pipeline, the City had a surplus allowing for a buffer of 521 lower income units, 913 moderate income units, and 666 above moderate income units (see Table 1). Since the time of adoption, the surplus for lower and moderate units has been reduced as the project at 1610 Artesia Boulevard did not contain as many lower income and moderate income units as expected.
Table 1 – Gardena RHNA breakdown & Surplus
Lower Income Units
(Extremely Low,
Very Low, and Low)
Moderate
Income
Units
Above
Moderate
Income Units
Total Units
RHNA 2,246 894 2,595 5,735
Credits w/ADUs -131 -10 -1,108
Remaining RHNA 2,115 884 1,487
Sites Inventory 2,636 1,797 2,153
Surplus +521 +913 +666
Adjustment for
1610 Artesia
Project
-69 -27 +223
Adjusted
Surplus
+452 +886 +889
In order to avoid penalties and loss of grant money, at the same time that the City Council adopted the Housing Element, it also adopted an updated Land Use Plan which included text changes and a revised land use map (Resolution No. 6620) and adopted a revised Zoning map, as well as zone text amendments to the Zoning Ordinance based on a categorical exemption (Ordinance No. 1848). (The Land Use Plan and map can be found at the following link: https://cityofgardena.org/wp-content/uploads/2023/03/Land-use- Plan-2023-Update-FINAL.pdf. Ordinance No. 1848, including the changes to the zoning map is Attachment 1 hereto.
As staff looked at the Inventory Sites to be included in the Housing Element, it also examined what other sites should receive housing overlays. A number of presentations were held before both the Planning Commission and City Council in 2021 and 2022.
Adjustments to the proposed Inventory Sites were made based on input received from both the Planning Commission and City Council. Attachments 2 through 5 are excerpts from the presentations made to the City Council during this time frame. The maps show the proposed overlays and which sites were/were not included as Inventory Sites.
On June 18, 2024, the Planning Commission approved Resolution No. PC 14- 24, by a vote of 4-0, recommending the City Council adopt Resolutions Nos. 6676 and 6677, and Ordinance No. 1873, certifying the Final EIR and readopting the land use plan, zoning designations, and text amendments, along with additional clean- up modifications to the zoning code.
PROJECT
Land Use/Zoning Changes
In October 2020, the City entered into a contract with De Novo Planning Group for the preparation of an Environmental Impact Report (EIR) for the Inventory and Non-Inventory sites as well as additional textual changes. Under the proposed project, in addition to the 468 parcels comprising the Inventory Sites, another 802 Non- Inventory Sites were
included for analysis. The following maps, excerpted from the Draft EIR, show the following:
Inventory Sites
• Figures 3-6 and 3-10 of the Draft EIR, and linked below as Attachments 6 and 7, show the changes that were made to the Land Use and Zoning maps in February 2023 that make the changes for the Inventory Sites.
o Attachment 6 - Land Use Changes in 2023 for Inventory Sites o Attachment 7 - Zoning Changes in 2023 for Inventory Sites Non-Inventory Sites
• Figures 3-7 and 3-11 of the Draft EIR, and linked below as Attachments 8 and 9, show the additional Non-Inventory Sites that were considered for housing overlays. o Attachment 8 - Additional Land Use Changes for Non-Inventory Sites o Attachment 9 - Additional Zoning Changes for Non-Inventory Sites Combined Maps
• Figures 3-8 and 3- 12 of the Draft EIR, and linked below as Attachments 10 and 11 show the combined Inventory and Non- Inventory Sites for the Land Use and Z oning maps.
o Attachment 10 - Combined Land Use Changes for Inventory and Non - Inventory Sites
o Attachment 11 - Combined Zoning Changes for Inventory and Non- Inventory Sites
In total, the proposed changes would add an approximately 4,700 additional residential units beyond those provided for by the Inventory Sites.
Since the time that the analysis for the proposed changes was originally undertaken, the State Legislature has enacted dozens of additional housing bills, placing more and more burdens on local government. The 6
th Cycle RHNA allocation for Gardena was an
increase of more than 1,400 percent from the 5 th Cycle RHNA allocation. In addition to providing Inventory Sites to satisfy the City’s RHNA allocation, the City also included a buffer for all income categories as follows: 25% buffer for lower income; 103% buffer for moderate income; and 45% buffer for above-moderate. This buffer will account for sites not being developed at the identified densities for the identified housing categories.
The required rezoning and overlays already changed the nature of the City’s development patterns by introducing much higher density housing than had previously been allowed.
This continual erosion of local control along with an increase in the RHNA from 397 units to 5,735 units, has led to a growing recognition that the City needs to maintain as much flexibility as possible with regard to its land use. This sentiment has been expressed by
both the public and the City Council. At the Planning Commission meeting on June 18, 2024, staff recommended that the Commission advise the City Council to adopt a modification to the Inventory Site Only Alternative (Alternative 2) identified in the EIR. This modification will be referred to as Modified Alternative 2.
Modified Alternative 2 will consist of the following elements:
A. Readoption of the Updated Land Use Plan, including the Land Use Map, as approved in February 2023, without change, which approval was given by the City Council’s adoption of Resolution No. 6677 prior to the adoption of this Ordinance;
B. Readoption of the zoning changes to the Inventory Sites only Alternative, including the recission of the Artesia Corridor Specific Plan zoning and rezoning of those parcels;
C. Elimination of the parking zone on properties that are split zoned with a commercial or industrial use;
D. Readoption of all text amendments set forth in Ordinance No. 1848 in their entirety;
E. Clarification regarding the treatment of split-zoned residential parcels; and
F. Clean-up modifications to the zoning code of the City of Gardena.
Split Zoned Properties
While the staff was evaluating sites for housing overlays to add to the inventory list, they discovered that several properties in the city were split zoned. This means that a single property had two different zoning designations within its boundaries. The split zoning on parcels in the City is problematic because there were no legal descriptions that were ever prepared for where on the property the split actually occurs; there is only a rough indication by the colors drawn on the General Plan Land Use and zoning maps. • There are 76 parcels in the City which have a split zone with a commercial or industrial zone and the parking zone. These split zones have been in place for more than 60 years and appear to have been put in place as a buffer between uses. The locations that were chosen to have the parking zones were based in part on what the uses were on the properties at the time, many of which no longer exist. The parking zone, with uncertain boundary lines, no longer makes sense.
There is no uniformity as to where the parking zone exists between commercial/industrial and residential uses. Furthermore, commercial uses are allowed in the parking zone when developed in concert with the abutting use in the commercial zone with a conditional use permit. Buffers between uses are created
by setback requirements. If the City Council felt that the existing buffers were not adequate, it could ask staff to examine a change in development standards.
The properties that have a split zoning with the parking zone should all be revised so as to eliminate the parking zone and rezone the entire property the same as the remainder of the property. Any of these properties which have a mixed-use overlay (MUO), will continue to have such overlay, but there will not be any upzoning of these properties to a higher density as had originally been proposed (See Attachment 12.)
• There are eight properties that are single parcels but were split zoned in 2006 to have two different residential land use and zoning designations for reasons that are not apparent as no staff reports exist from that time. In order to provide clarity, staff is recommending that rather than rezone these properties, an ordinance be adopted clarifying that the property may be developed as though it were two parcels, with the dividing line running parallel to the closest adjacent property line.
In the case where a property has two adjacent property lines that are not parallel, the property shall be divided along the parallel line that would provide the greatest density. (See Attachment 13
.)
Local Interest for New Housing Overlay
There has also been interest expressed by various land and business owners with regard to their properties. They have requested that their land also be given a residential overlay to automatically allow for residential or mixed-use development at certain density levels.
Although this was considered, staff is not recommending any changes to these parcels at this time. These sites may still be allowed to develop residential and mixed- use developments through the approval of legislative actions which would i nclude a general plan amendment and zone change; both a specific plan and development agreement could also apply to such changes . However, in -lieu of having to accept minimum development standards and other requirements, specific plans or the creation of new zones would allow the City to retain discretion and oversight to ensure that any proposed residential or mixed-use development will best meet the community’s needs and address potential issues such as having adequate parking, height limitations, and other features.
• 14948 Crenshaw Boulevard (Gardena Cinema) - the owner of the Gardena Cinema has expressed interest in redeveloping her property with residential uses.
This property is currently zoned as General Commercial. The proposed project contemplated placing an HO-4 zoning overlay on the property, which would allow between 21 – 30 units per acre. The property is approximately 1 acre in size.
• 15122 Crenshaw Boulevard (Keith Glassman) – the owner of this parcel also owns the two parcels to the south for a total of 11,000 square feet (approximately
0.26 acres). The owner has expressed interest to staff in redeveloping these parcels with a mixed -use development which would have commercial on the bottom and residential on top. The proposed project also contemplated placing an HO-4 zoning overlay on the property, which would allow between 21 – 30 units per acre. The property owners representative submitted conceptual plans and rendering to the City for consideration, and which have been attached and linked below.
o Attachment 14
– Email and conceptual plans sent to Planning
Commission on June 13, 2024.
o Attachment 15 – Rendering of conceptual mixed- used development project presented by the property owner representatives to the Planning Commission.
• 1350 W. 139 th Street (Mala Patel) - the owner of the property located has requested that the property be rezoned to R -3. The property is 0.44 acres and is one of the five properties in that area that is zoned R-2 on the northern portion and R-1 on the southern portion. This was a Non- Inventory site that was considered to be rezoned as R -2/ Under an R -3 zone, 7 units could be built on the property without any density bonus. With the split zone and the use of SB 9, more than 3 units could be accommodated on the property. Additionally, the use of ADUs could also increase the number of allowed units. The owner has submitted a letter to the City for consideration which are attached and linked below:
o Attachment 16
– Letter sent for City Council’s consideration on July 16, 2024.
• 1031 Magnolia Avenue (Steven Stapakis) – this is another property that is split zoned between R-1 and R-2. In 2020 the owner applied for approval to build six units on the property; the entitlements included a General Plan Amendment and zone change to change the entire property to medium densit y residential/R -3 zoning, as well as a Tract Map, Site Plan Review, and a Variance. When objections to the use of a categorical exemption were raised, the applicant put the project on hold rather than incur costs of the environmental review for this project which were expected to exceed $45,000. The proposed project contemplated changing the entire .34 acre parcel to R-3.
• 2806 Marine Avenue – The property owner attended the Planning Commission meeting on June 18, 2024, to request that the Commission recommend adding a housing overlay. This overlay would permit the continued residential use of the property and facilitate further residential development along Marine Avenue. The property, along with others currently used for residential purposes along the Marine Avenue corridor between Crenshaw Boulevard and Western Avenue, are currently zoned for Commercial. These areas were considered under the Non-Inventory sites analysis for the addition of an HO-3 zoning overlay, which would allow between 12-20 units per acre.
Land Use Plan/Zoning Text Amendments
In February 2023, the City Council adopted Ordinance No. 1848 which, in addition to making the zoning changes to the Inventory Sites, amended the City’s zoning code. The EIR covers these changes. Staff is recommending a readoption of these text amendments with very minor changes as set forth in the attached Ordinance No. 1873.
Process
As set forth above, the City hired De Novo Planning Group to prepare an environmental impact report (EIR) to analyze the impacts of the changes to both the Inventory and Non- Inventory Sites as well as the text amendments to the Land Use Plan and the zoning code.
A Notice of Preparation was prepared and a 30 day comment period on the document took place between April 13, 2023 and May 19, 2023. A public scoping meeting was held on April 27, 2023 and a recording of this meeting was made available on the City’s website. Additionally, an agenda item regarding the environmental review process was placed on the City Council agenda of May 9, 2023. The Draft EIR was made available for a public review period of January 16, 2024 through February 29, 2024. The Draft EIR was placed on the City’s website and also submitted to the State Clearinghouse via the CEQAnet Web Portal. In May 2024, a Final EIR was prepared that responded to the comments received and also set out a Mitigation Monitoring and Reporting Program.
Impacts/Mitigation Measures
Table 1-5 of the Draft EIR contains a summary of all environmental impacts, the level of significance before mitigation, mitigation measures, and the level of significance after mitigation. As shown in the Table, there are impacts to the following areas: Air Quality, Cultural Resources, and Noise. Also as shown in Table 1-5, all impacts can be mitigated below a level of significance with the exception of Air Impacts and Public Services with relation to parks/recreation. Section 3.0 of the Final EIR contains the mitigation monitoring program.
Alternatives
Three alternatives were examined in the Draft EIR. Alternative 1 assumed that the City would not approve any part of the project and the land use and zoning changes previously approved in February 2023 would be rescinded. Alternative 2, the Inventory Sites Only option, would essentially leave everything as it was adopted in February 2023 and provide some additional clean- up. Alternative 3 proposed fewer Non- Inventory Sites than proposed by the project; instead of an additional 802 parcels beyond the Inventory Sites contemplated under the project, only 672 additional Non- Inventory Sites would be included.
None of the alternatives eliminated all of the significant and unavoidable impacts. While a rescission of the previously adopted changes would eliminate the air impacts, it would create other significant and unavoidable impacts such as inconsistencies w ith the City’s Housing Element. Additionally, rejecting the City’s previous changes to Inventory Sites would open the City up to a slew of legal issues as well as Builder’s Remedy developments. Both Alternatives 2 and 3 are environmentally superior to the project as they both reduce the majority of the environmental impacts associated with the project.
Alternative 3 was identified in the EIR as the most environmentally superior as it would provide greater opportunities for a mix of housing at varying densities and there would be a greater alignment of housing production with sustainability goals as well as create better development patterns. However, staff believes that Alternative 2 may actually be environmentally superior as it provides further reductions in the two impact areas that were significant and unavoidable as compared to Alternative 3. Table 7- 7 from the EIR provides a summary comparison of the alternatives.
In determining what should actually be approved, the City is not limited to the proposed project and the exact three alternatives that were included in the EIR. Instead, the City Council may choose, a project alternative that was not considered in the EIR if it is similar in scope, size, and use as the alternatives in the EIR and will not create any new environmental impacts.
Staff’s recommendation is to approve Modified Alternative 2 as described above.
Findings
When a project has significant impacts, the City cannot approve the project unless it makes findings under CEQA Guidelines section 15091 with regard to each significant impact. The possible findings are:
• Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect;
• Such changes or alterations are within the responsibility and jurisdiction of another public agency and the changes have been adopted by, or can and should be adopted by, such other agency; and
• Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR.
As set forth above, mitigation measures have been recommended that will reduce all impacts below a level of significance with the exception of air quality and impacts on parks/recreation. As to those two areas of impact, there are no mitigation measures which would eliminate all of the significant impacts, nor are there any alternatives which would
reduce all of the significant impacts without creating other significant impacts. Staff is recommending that Alternative 3, the environmentally superior alternative, be rejected based on social considerations that changing the nature of Gardena from a predominantly single-family community into a high-density, urban community is not in the best interests of the City and has the possibility of removing too much commercial/industrial land uses from the City which can impact the City’s tax base. Alternative 2 is still environmentally superior to the proposed project.
In addition to the findings under Guidelines section 15091, when there are significant environmental impacts which remain, the City must also make findings under CEQA Guidelines section 15093. Under this section, the decision- making body is required to balance the economic, legal, social, technological, or other benefits of a project against the unavoidable impacts in determining whether to approve the project. This is accomplished by the adoption of a Statement of Overriding Considerations. In the present case there is no alternative, including the No Project alternative, which does not result in significant impacts. It is necessary to readopt the land use and zoning changes for all of the Inventory Sites in order to remain in legal compliance with the City’s Housing Element and not violate other housing laws.
Certification
Certification of the EIR is an independent action from project approval. Certification of the EIR is not a vote for or against a project; rather, it is a vote stating that the EIR was prepared in compliance with CEQA and adequately addresses all of the environmental issues. If the City Council feels that the EIR meets the requirements of CEQA, then there should be a certification of the EIR. By doing this, the EIR can be used as a base document for other projects to tier from, regardless of which alternative is approved.
DISCUSSION/CONFLICT OF INTEREST
When the City Council adopted the changes to the Inventory Sites is February 2023 it was determined that there were not any conflicts of interest under the public generally exception ( See Attachment 17
). However, now that additional parcels are being
examined for zone changes in addition to the Inventory Sites, each Councilmember (including the Mayor) should refrain from discussion of properties within a 1,000 foot radius from property in which they have a legal interest . Maps have been provided to each Councilmember showing the Inventory Sites, Non-inventory Sites, and other parcels that were included in the EIR for analysis within this radius.
Unlike other situations where a conflicted Councilmember must recuse himself at the outset of an item, the rules are different when land use and zoning changes are being considered. The consideration of the items is to be taken in segments and recusal must
happen before the actual consideration of a segment in which a Councilmember has a conflict.
If the City Council wishes to discuss any properties that lie within any Councilmember’s conflict zone, the City Attorney’s office will provide direction at the time as to how the matter will be handled.
NOTICING
The public hearing notice for the project was published in the Gardena Valley News and on July 11, 2024. A copy of Proof of Publication and Affidavit of Mailing are on file in the office of the Community Development Department, Room 101, City Hall, and are considered part of the administrative record.
All those who provided comments on the environmental document or provided contact information at the community meeting or any other meeting, were provided notice of the City Council meeting.
IN CONCLUSION, Staff respectfully recommends that Council open the public hearing, allow each speaker three minutes to speak and adopt the following:
a. Adoption of Resolution No. 6676 certifying the Final EIR for the City of Gardena General Plan, Zoning Code and Zoning Map Amendment Project;
b. Adoption of Resolution No. 6677 readopting the Update to the Land Use Plan implementing Alternative 2, including making findings required by CEQA and adopting a Mitigation Monitoring and Reporting Program; and
c. Introduction of Ordinance No. 1873 readopting the zone changes for all the Inventory Sites, adopting the zone changes to eliminate the Parking zone on split -zoned properties, adopting a formal statement regarding the dividing line on split -zoned residential properties, and readopting the text changes to Title 18 with the amendments set forth in the Ordinance and adopting a Mitigation Monitoring and Reporting Program. Adoption of Ordinance No. 1873 includes making findings required by CEQA.
Submitted by: Amanda Acuna Date: July 23, 2024___
Resolutions and Ordinance for Consideration
Planning Commission Resolution No. 14-24, recommending the City Council adopt the following:
• Resolution No. 6676, certifying the Final EIR.
o Exhibit A – Draft Environmental Impact Report dated January 2024 o Exhibit B – Final Environmental Impact Report dated May 2024
• Resolution No. 6677, readopting the Update to the Land Use Plan and implementing the changes under Modified Alternative 2.
o Exhibit A – Updated Land Use Plan
o Exhibit B – Land Use Map
o Exhibit C – Parcel List
o Exhibit D – Mitigation Monitoring and Reporting Program
• Ordinance No. 1873, readopting the Zone Changes and implementing the changes under Modified Alternative 2.
o Exhibit A – Zoning Map (6th cycle Housing Element Inventory Sites) o Exhibit B – Parcel List (6th cycle Housing Element Inventory Sites) o Exhibit C – Zoning Map (Split Parking Zoned Properties) o Exhibit D – Parcel List (Split Parking Zoned Properties) o Exhibit E - Mitigation Monitoring and Reporting Program Environmental Documents
• Draft Environmental Impact Report dated January 2024
• Final Environmental Impact Report dated May 2024
• Mitigation Monitoring and Reporting Program
Attachments to Staff Report (click on link to open document)
1 – Ordinance No. 1848 with Maps adopted in February 2023 2 – May 11, 2021 City Council meeting on Inventory and Noninventory Sites 3 – June 1, 2021 City Council and Planning Commission meeting on Inventory and Noninventory Sites
4 – January 26, 2022 City Council meeting on Inventory and Noninventory Sites 5 – July 26, 2022 City Council meeting on Inventory and Noninventory Sites 6 – Land Use Changes in 2023 for Inventory Sites
7 – Zoning Changes in 2023 for Inventory Sites
8 – Additional Land Use Changes for Non-Inventory Sites 9 – Additional Zoning Changes for Non-Inventory Sites
10 – Combined Land Use Changes for Inventory and Non-Inventory Sites 11 – Combined Zoning Changes for Inventory and Non-Inventory Sites 12 – Parking split zoned properties
13 – Residential split zoned properties
14 – Email and conceptual plans sent to Planning Commission for 15122 Crenshaw Blvd.
15 – Rendering of conceptual mixed-used development project for 15122 Crenshaw Blvd.
16 – Letter sent for 1350 W 139th Street.
17 – City Attorney Conflict of Interest Memo September 2022
Attachment 1 – Ordinance No. 1848 with Maps
adopted in February 2023
DocuSign Envelope ID: 786C84EA-8368-4C97-B21F-DC822B99DCCB ORDINANCE NO. 1848
AN ORDINANCE THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA AMENDING TITLE 18 OF THE GARDENA
MUNICIPAL CODE PRIMARILY RELATING TO THE
ESTABLISHMENT OF HOUSING OVERLAYS AND DEVELOPMENT
STANDARDS PERTAINING AND REVISING CITY'S
ZONING MAP AND FINDING ADOPTION
FROM CEQA PURSUANT GUIDELINES SECTIONS
15061 {b){3) and 15308
WHEREAS, under the Housing Accountability Act ("HAA;" Government Code § 65589.5), until the City has a compliant housing element, the City must approve affordable housing developments (the "Builder's Remedy") on parcels anywhere in the City without regard to land use designation, zoning, or development standards; and WHEREAS, projects under the Builder's Remedy are likely to be submitted to the City prior to the certification of the EIR and adoption of the changes as the City has already received inquiry into projects on certain sites; and WHEREAS, there are only a limited number of grounds on which the City can deny a Builder's Remedy project; and
WHEREAS, even if a housing element complies with all requirements of State law, it is not considered to be compliant until any required rezoning has taken place; and WHEREAS, state law requires there to be consistency between the General Plan and zoning, which means that the new zones required by the housing element need to have a corresponding land use designation; and
WHEREAS, the City does not have any development standards for the new zones which are required to be adopted by the City's 6th Cycle Housing Element and would like to have them in place to provide some means of regulation; and WHEREAS, newly enacted AB 2334 provides that if a maximum allowable density is not provided in dwelling-units-per-acre standard, realistic density may be estimated based on applicable objective standards and then density bonuses awarded above the realistic density; and
WHEREAS, the City is currently preparing an Environmental Impact Report ("EIR") to accompany all of the land use plan and zoning changes that are set forth in the City's Housing Element, as well as changes to other sites that also include properties that were not identified as Inventory Sites in the City's 61h Cycle Housing Element; and 1 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB WHEREAS, the City has qualified for $1,979,262 in PLHA grants, which is funding for housing-related projects and programs that assist in addressing the unmet housing needs in the City; and
WHEREAS, HCD has recently informed the City that the City must adopt it housing element and complete the required rezoning by February 15, 2023 in order to receive its 2019 PLHA grant in the amount of $329,877; and
WHEREAS, one of the program objectives HCD asked to have added to the City's Revised 6th Cycle Housing Element was to adopt an urgency ordinance implementing the housing overlay zones and rezoning for the inventory sites so that the sites would be available by April 15, 2023 and provide for ministerial approval; and WHEREAS, at a special meeting held on January 31, 2023, the Planning Commission 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; and WHEREAS, at the close of the public hearing the Planning Commission adopted a resolution recommending that the City Council adopt this Ordinance and City staff file a Notice of Exemption; and
WHEREAS, at a special meeting held on February 15, 2023, 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; and WHEREAS, prior to adopting this Ordinance, the City Council adopted Resolution No. 6619 readopting the Revised 6th Cycle 2021 - 2029 Housing Element and Resolution No. 6620 amending the Land Use Plan of the City's General Plan and Urgency Ordinance No. 1847;and
WHEREAS, the City Council would also like to adopt the Ordinance as a non urgency item as well;
NOW, THEREFORE, THE CITY COUNCIL OF THE 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 Zoning Map and changes to Title 18 are consistent with the City's General Plan. More specifically, these changes implement changes required by the Housing Element and the changes create consistency with the City's Land Use Plan.
C. The changes set forth herein represent good land use practices which are required by the public necessity, convenience and the general welfare. 2 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB SECTION 2. Adoption of Zoning Map. The City Council hereby adopts the zoning map attached hereto as Exhibit A as the zoning map for the City.
BEGINNING OF TEXT AMENDMENTS
SECTION 3. The term "multiple-family" is hereby replaced with the term "multi-family" throughout the Gardena Municipal Code.
SECTION 4. Chapter 18.04, Definitions, is hereby amended by deleting all section numbers starting with section 18.04.010 and ending with section 18.04.495. Definitions shall be divided by lettering so that definitions beginning with the letter "A" fall under a heading reading "A Definitions," definitions beginning with the letter "B" fall under a heading reading "B Definitions," and so on."
SECTION 5. Chapter 18.04, Definitions, of the Gardena Municipal Code is hereby amended by ADDING the following definitions to read as follows:
"Director" shall mean the Community Development Director or the Director's designee. "Studio unit" shall mean a dwelling unit with one room devoted to living, dining, and sleeping purposes, with a separate bathroom. The kitchen may be in the same room or in a separate room.
"Residential Mixed-Use Housing Project" shall mean a mixed-use development consisting of residential and commercial uses with at least two-thirds of the square footage designated for residential use.
SECTION 6. Section 18.08.010 of the Gardena Municipal Code is hereby amended to read as follows:
18.08.010 Zones established.
A. In order to Io carry out the purposes and provisions of this title, the city is divided into several zones, known as follm.vs the following zones:
R-1 Single-family residential�
R-2 Low-density multi-family residential�
R-3 Medium density multi-family residential�
R-4 High density multi-family residential�
R-6 Very high density multi-family residential
AMU Artesia mixed-use
M U Mixed use overlay
3 DocuSign Envelope ID: 786C84EA-8368--4C97-B21 F-DC822B99DCCB C-R Commercial residential :roRe
P Parking :roRe
0 Official :roRe
C-P Business and professional office :roRe
H-B Home business �
C-2 Commercial :roRe
C-3 General commercial�
C-4 Heavy commercial :roRe
M-1 Industrial :roRe
M-2 General industrial :roRe
-SP Specific plan zones as follows:
1450 Artesia Specific Plan
Artesia Corridor Specific Plan
Ascot Village Specific Plan
Carnelian Specific Plan
Cottage Place Specific Plan
Emerald Square Specific Plan
Gardena Transit Oriented Development Specific Plan
Gardena Village Specific Plan
Normandie Estates Specific Plan
Normandie Place Specific Plan
Redondo Village Specific Plan
Platinum Row Specific Plan
B. In addition, the City has established the following overlay zones to further carry out the purposes and provisions of this title:
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
SECTION 7. Section 18.08.015 is hereby ADDED to the Gardena Municipal Code to read as follows:
18.08.015 1450 Artesia Specific Plan
The 1450 Artesia Specific Plan zone is intended to be used for a mix of commercial and industrial uses. No development shall occur in this zone until a specific plan for the properties within this area is adopted by the City Council. 4 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB CHAPTER 18.12 - SINGLE-FAMILY RESIDENTIAL ZONE (R-1)
SECTION 8. Subsection L of Section 18.12.050 is hereby amended to read as follows and subsections M - Qare hereby deleted:
L. General provisions as set forth in the table found in section 18.42.010. Fences, Hedges, and \/Valls. The provisions of Section 18.42.070 shall apply; M. Sv,imming Pool Areas. The provisions of Section 18.42.090 shall apply; N. Projections Permitted in Required Yards. The provisions of Section 18.42.100 shall apply;
0. Protection of Intersection Visibility. The provisions of Section 18.4 2.11 0 shall apply;
P. Repealed.
Q. All new structures and additions to existing structures shall demonstrate compliance 'Nith residential design guidelines set forth in Chapter 18.4 2.
CHAPTER 18.14 - LOW DENSITY MULTI-FAMILY RESIDENTIAL ZONE (R-2) SECTION 9. Section 18.14.020 of the Gardena Municipal Code is hereby amended to read as follows:
18.14.020 Uses permitted.
The following uses shall be permitted in the R-2 zone and other such uses the commission may deem to be similar to those listed and not detrimental to the public health, safety and welfare:
A. All uses permitted in the R-1 zone, except single family d>..vellings; and B. Single and two-family dwellings, subject to the design review provisions of Chapter
18.45.�
C. Condominiums and stock cooperative apartments of up to t\.vo units.
SECTION 10. Subsections L-S of Section 18.14.050 of the Gardena Municipal Code are hereby amended to read as follows, so that the subsections now end with "N":
L.
M.
Fences: the provisions of Section 18.42.070 shall apply; Refuse areas: the provisions of Section 18.42.130 shall apply; 5 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822899DCCB N. Sv.limming pool areas: the provisions of Section 18.42.090 shall apply;
0. Projections permitted in required yards: the provisions of Section 18.4 2.100 shall apply;
P. Protection of intersection visibility: the provisions of Section 18.42.110 shall apply; QL. Lot coverage:
1. a maximum of fifty 50 percent for interior lots and
2. a maximum of seventy five 75 percent for corner lots; RM. Storage space: a minimum of one hundred twenty 120 cubic feet of storage space shall be provided for each dwelling unit with a minimum of two feet in any direction. Such space may be located in areas which include, but are not limited to, the garage, in an outside closet, or below stairways-;-; and
N. General Provisions as set forth in the table found in section 18.42.010.
R. All nev .. ' structures and additions to existing structures shall demonstrate conformance v,ith residential design guidelines set forth in Chapter 18.42.
S All ne\v structures and additions to existing structures shall demonstrate conformance with residential design guidelines set forth in Chapter 18.42.
CHAPTER 18.16 - MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL ZONE {R-3) SECTION 11. Section 18.16.020 of the Gardena Municipal Code is hereby amended to read as follows:
18.16.020 Uses permitted.
The following uses shall be permitted in the R-3 zone and other such uses as the commission may deem to be similar to those listed and not detrimental to the public health, safety and welfare:
A. All uses permitted in the R-1 and R-2 zones, and multiple family d\velling units. except single and two-family dwellings; and
B. Multi-family dwelling units, subject to the site plan review provisions of Chapter
18.44. SECTION 12. Subsections D and E of Section 18.16.050 of the Gardena Municipal Code are hereby amended to read as follows, subsections L - P and R are hereby deleted, 6 DocuSign Envelope ID: 786C84EA-8368--4C97-B21F-DC822B99DCCB subsection Q is relettered as subsection Land a new subsection M is added; except as amended, all other sections remain the same:
D. Density: a minimum density of 12 units per acre and a maximum of 17 units per acre. Fractional units shall be rounded upward if such fraction is at or above the five tenths breakpoint. Hmvever, '1✓hen the application of such density standard results in a fraction of a dv;elling unit, such fraction, if below the five tenths breakpoint, shall be rounded dovm'1✓ard to the nearest 'Nhole number, and, if such fraction is at or above the five tenths breakpoint, it shall be rounded upv..'ard to the nearest 'Nhole number; E. Dwelling unit size:
L.
M.
N.
1. A minimum of 400 square feet per unit. one thousand square feet for three or more bedroom units,
2. 3.
4. /\ minimum of eight hundred square feet for r1✓0 bedroom units, /\ minimum of six hundred square feet for one bedroom units, /\ minimum of four hundred square feet for bachelor/efficiency units, ai. No minimum dwelling unit size shall be required for an affordable housing unit where the applicant enters into an affordable housing agreement with the city to be recorded against the property to ensure continued affordability of all moderate, low, and very low income rental units for at least fifty-five years or where the applicant enters into an equity sharing agreement for all for-sale affordable housing units upon the same terms and conditions as in Section 18.43.045.D fQ-); * * *
Fences: the provisions of Section 18.42.070 shall apply; Refuse areas: the provisions of Section 18.4 2.130 shall apply; S'Nimming pool areas: the provisions of Section 18.42.090 shall apply;
0. Projections permitted in required yards: the provisions of Section 18.42.100 shall apply;
P. Protection of intersection visibility: the provisions of Section 18.42.110 shall apply; QL. Storage space: a minimum of one hundred twenty 120 cubic feet of storage space shall be provided for each dwelling unit with a minimum of two feet in any direction. Such space may be located in areas which include, but are not limited to, the garage, in an outside closet, or below stairways: and-;
R. All new structures and additions to existing structures shall demonstrate conformance with residential design guidelines set forth in Chapter 18.42. 7 OocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB M. General provisions as set forth in Section 18.42.010.
CHAPTER 18.18- HIGH DENSITY MULTI-FAMILY RESIDENTIAL ZONE (R-4) SECTION 13. Subsections E and J of Section 18.18.020 of the Gardena Municipal Code are hereby amended to read as follows, a new subsection K and N are added, subsections K and Q are relettered and L and M; except as amended, all other subsections remain the same:
Maximum density: the maximum permitted density shall be as follows set forth in this subsection; fractional units shall be rounded upward if such fraction is at or above the five-tenths breakpoint:
1. Twenty-five units per acre for lots less than one-half acre;
2. Tvventy seven units per acre for lots bet\veen one half acre and one acre; a-oo
��- Thirty units per acre for lots greater than one acre one-half acre or greater. * * *
J. Usable open space: a minimum of three hundred 300 square feet of usable common or private open space shall be provided for each unit of all multi-family dwellings and condominiums in accordance with the minimum size requirements of Section
18.42.065;
Dwelling unit size:
1. A minimum of 400 square feet per unit.
2. No minimum dwelling unit size shall be required for an affordable housing unit where the applicant enters into an affordable housing agreement with the city to be recorded against the property to ensure continued affordability of all moderate, low, and very low income rental units for at least fifty-five years or where the applicant enters into an equity sharing agreement for all for-sale affordable housing units upon the same terms and conditions as in Section 18.43.045.D.
KL. Signs: the provisions of Chapter 18.58 shall apply; L. Fences: the provisions of Section 18.42.070 shall apply; M. Refuse areas: the provisions of Section 18.42.130 shall apply; N. Swimming pool areas: the provisions of Section 18.42.090 shall apply; 8 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
0. Projections permitted in required yards: the provisions of Section 18.42.100 shall apply;
P. Protection of intersection visibility: the provisions of Section 18.42.110 shall apply; QM. Storage space: a minimum of one hundred t\venty 120 cubic feet of storage space shall be provided for each dwelling unit with a minimum of two feet in any direction. Such space may be located in areas which include, but are not limited to, the garage, in an outside closet, or below stairways; and
R. All new structures and additions to existing structures shall demonstrate conformance ,.vith residential design guidelines set forth in Chapter 18.42.
N. General provisions as set forth in the table found in section 18.42.010 I CHAPTER 18.18 A-VERY HIGH DENSITY MULTI-FAMILY RESIDENTIAL ZONE (R-6) I SECTION 14. Chapter 18.18A is hereby ADDED to the Gardena Municipal Code to read as follows:
Chapter 18.18A
VERY HIGH DENSITY MULTI-FAMILY RESIDENTIAL ZONE (R-6)
18.18A.010 Purpose.
The R-6 very high density multi-family residential zone is intended as the highest density residential district for apartments and condominiums.
18.18A.020 Uses permitted.
The following uses shall be permitted in the R-6 zone and other such uses as the Commission may deem to be similar to those listed and not detrimental to the public health, safety, and welfare:
A. All uses permitted in the R-1 and R-2 zones, except single and two-family dwellings; and
B. Multi-family residential developments, subject to the site plan review provisions of Chapter 18.44.
18.18A.030 Uses prohibited.
A. All uses not listed in Sections 18.1 BA.020 are deemed to be prohibited in the R-6 zone, except those determined to be similar pursuant to the provisions of Section
18.42.040.
B. The following uses are expressly prohibited:
9 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
1. Short-term rental of residential units.
18.18A.040 Development standards.
The development standards set forth herein shall apply and supersede any Zoning Code provision in this title to the contrary.
A. Lot dimensions:
1. Minimum lot width at street frontage: 50 feet;
2. No minimum or maximum lot depth.
B. Minimum lot area: 0.5 acres.
C. Yards: Minimum setbacks measured from property lines:
1. Front yard: 10 feet;
2. Side yard:
a. 5 feet for first two stories of a building;
b. 10 feet for corner lots (street side only);
c. 10 feet for stories above the second story.
3. Rear yard:
a. 15 feet if adjacent to R-1 or R-2 zoned property;
b. 5 feet in all other circumstances.
4. Garages may be constructed along the rear and side property lines when located in the rear one-third of the lot. Garages fronting on public streets shall maintain a minimum 20-foot yard setback.
D. Dwelling unit size:
1. A minimum of 400 square feet per unit.
2. No minimum dwelling unit size shall be required for an affordable housing unit where the applicant enters into an affordable housing agreement with the city to be recorded against the property to ensure continued affordability of all moderate, low, and very low income rental units for at least fifty-five years or where the applicant enters into an equity sharing agreement for all for-sale affordable housing units upon the same terms and conditions as in Section 18.43.045.D. 10 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822899DCCB Distances between buildings on the same site: notwithstanding any other provision of this code to the contrary, the following shall apply:
F. Density:
Residential side to side
Residential front to side
Front to front with interior court
Front to front with driveway between
Residential to accessory structure
1. Minimum density: 51 units per acre
2. Maximum density: 70 units per acre
G. Maximum building height:
10 feet
15 feet
20 feet
30 feet
6 feet
1. 40 feet for any portion of a development that is within 20 feet of:
a. R-1 or R-2 zoned property; or
b. a property line abutting a collector or local street.
2. For the remaining portions of a development, maximum height is 75 feet.
3. An additional five feet of structural height without usable floor area is permitted for architectural projections in all areas.
H. Storage space: 80 contiguous cubic feet of private secure storage space shall be provided for each dwelling unit with a minimum dimension of 2 feet in any direction.
Bicycle lockers satisfy this requirement, but bedroom closets and kitchen and bathroom cabinets do not.
I. Off-street parking: the provisions of Chapter 18.40 shall apply, with the following exceptions or additions:
1. Minimum residential parking requirements:
a. Studio units: 1 parking space per unit;
b. 1 and 2-bedroom units: 1.5 parking spaces per unit;
c. Units with more than 2 bedrooms: 2 parking spaces per unit. d. Unless reduced or eliminated by applicable state law, units that are affordable to low-, very low-, or extremely low-income households, senior 11 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB housing, and special needs or supportive housing shall provide parking at the rates specified in Section 18.43.090.B.
e. Guest Parking spaces required:
i. 0.25 space per unit in all residential and mixed-use developments unless reduced or eliminated by applicable state law; ii. Guest spaces in a mixed-use project may not be tandem.
2. Tandem and mechanical parking:
a. Residential parking may be satisfied by tandem spaces where parking is assigned to a single residential unit. Two-level mechanical vehicle lifts are to be treated as tandem and subject to the same restrictions.
Unassigned parking and parking assigned to different units may not be tandem;
b. Mechanical or robotic parking structures, other than two-level mechanical vehicle lifts, are permitted subject to the development standards applicable to residential structures in this chapter and Chapter 18.42;
3. Shared parking between commercial and residential guest spaces is permitted in mixed-use developments as follows:
a. Only guest parking spaces that are directly accessible to both commercial customers and residential visitors may be used as shared parking. The percentages below are applied only to guest parking that meets this criterion. "Directly accessible," as used here shall mean: 1) using the same curb cuts and driveways as the commercial parking; and 2) not being separated from commercial or residential pedestrian entry points by a wall, fence, gate, berm, or other similar barrier.
b. Commercial space developed as office: 75% of the guest parking spaces may also be counted toward required commercial parking; c. Commercial space developed as retail: 50% of the guest parking spaces may also be counted toward required commercial parking; d. Commercial space developed as a restaurant: 20% of the guest parking spaces may also be counted toward required commercial parking; e. Commercial space developed for any use other than those listed above shall be considered retail for the purpose of this calculation; f. If more than one type of commercial use is developed within the commercial space, shared parking shall be determined by the use with the 12 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB lowest sharing percentage. If circumstances indicate that a higher sharing percentage may be warranted, this may be allowed subject to the following:
i. The applicant pays for a shared parking study to be
commissioned by the City which shows that the number of spaces being provided is sufficient for shared parking use; and ii. A declaration of restrictions is recorded against the property which provides that there shall be no change in uses allowed without a subsequent parking study that verifies that the number of parking spaces provided is sufficient for shared parking use; and iii. The applicant complies with any conditions required by the parking study to ensure there is sufficient parking.
iv. The Planning Commission shall approve shared parking under the process set forth in Chapter 18.44 for site plan review.
4. Bicycle Parking.
a. Long-term bicycle parking shall be provided at the rate of one space per every four residential units. Long-term spaces shall be covered, lockable enclosures with permanently anchored racks for bicycles, lockable bicycle rooms with permanently anchored racks, or lockable, permanently anchored bicycle lockers. This requirement shall not apply to any unit which has an enclosed two-car garage.
b. Short-term bicycle parking shall be provided at a rate of 5% of required visitor parking, with a minimum of one two-bike capacity rack. Such parking shall be by means of permanently anchored bicycle racks.
J. Usable open space: a minimum of 150 square feet of usable common or private open space shall be provided for each unit of all multi-family dwellings in accordance with the requirements of Section 18.42.065; and
K. General provisions as set forth in Section 18.42.010.
CHAPTER 18.19 - MIXED USE OVERLAY ZONE (MUO)
SECTION 15. The initial paragraph in Section 18.19.020 of the Gardena Municipal Code is hereby amended to read as follows:
With application of the mixed use overlay zone, the city seeks to take advantage of development opportunities in key areas of the city, each of which faces unique opportunities and constraints. A description of the desired purpose for four of these areas is described in this section to provide guidance for those seeking to construct mixed use 13 DocuSign Envelope ID: 786C84EA-8368--4C97-B21F-DC822B99DCCB development in such areas. In cases of conflict between the areas described below and the zoning map, the zoning map shall prevail.
SECTION 16. Subsection B, C, D and J of Section 18.19.060 of the Gardena Municipal Code are hereby amended to read as follows, Subsection N is deleted and a new subsection N and O are added to read as follows; except as amended all other sections remain the same:
B. Minimum project area3 :
1. One-half acre minimum., 'Nith the follov,ing exceptions:
a. Parcels that cannot be consolidated to satisfy the minimum project area because they are bordered on all sides by property that is not zoned 'Nith the mixed use overlay zone;
b. Parcels that cannot be consolidated because they are bordered on three or more sides by roadways;
c. Parcels that cannot be consolidated because adjacent property is not zoned v,ith the mixed use overlay; or
d. Other circumstances prevent the consolidation of parcels to meet this requirement.
2. Lots across separated by public roadways may be consolidated to create larger project areas.
3. The community development director must be consulted before the review of projects that cause an orphaned parcel condition. An orphaned parcel condition exists if the group of consolidated parcels that comprise the minimum project area of 0.5 ooe acre results in an adjacent isolated or orphaned parcel that will be unable to meet the minimum project area. The involvement of the community development director ensures that adequate effort has been made to negotiate between the project and adjacent orphaned parcel. In addition, in the event that the orphaned parcel is not included in the adjacent development for reasons such as its recent date of development, the involvement of the community development director will ensure that compatibility exists between the orphaned parcel's existing condition and the adjacent project's current development. 14 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB Patceis add up to 00-0 1 6
acre total 1xoioc1 area
oxctuding p·ublic roadwa1s
D011e1opmer,t s�andards appl·t to enliro rlfoj(lct area· • at 20 units/aero, ?his allow�; 30 ,w.ol!,nQ u;-iits total • at 0.5 rAR, this a1lows a maximum o4 32.670 Sf: non rl'.!'sidonbal uws for the total project Mo
C. Density and intensity:
1. Floor area ratio (FAR)4: nonresidential intensity shall be a maximum of 0.5 FAR as calculated over the portion of the project area devoted to such use, including when such use is part of a vertical development.
2. For mixed use projects approved after August 1, 2012, the minimum permitted residential density shall be twenty units per acre for any residential development. This subsection shall not apply to the expansion of any existing use.
3. Residential by itself or as part of a mixed use project: the maximum residential density shall be as follows, calculated over the portion of the project area devoted to residential such use, including when such use is part of a vertical development:
a. Twenty-five units per acre maximum for sites less than one-half acre; b. Thirty TvJenty five units per acre maximum for sites at least one-half acre but less than one acre.�
C. Thirty units per acre maximum for all sites of one acre or greater.
4. Projects may develop both the maximum FAR for nonresidential development and maximum density for residential development within the same project area, provided all other standards in this section are met.
5. Site coverage: eighty percent.
D. Dwelling unit size:
1. A minimum of one thousand 400 square feet per unit. for three or more bedroom units;
2. A minimum of eight hundred square feet for t\vo bedroom units; 15 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
3. 4.
A minimum of six hundred square feet for one bedroom units; A minimum of four hundred square feet for bachelor/efficiency units; ia. No minimum dwelling unit size shall be required for an affordable housing unit where the applicant enters into an affordable housing agreement with the city to be recorded against the property to ensure continued affordability of all moderate, low, and very low income rental units for at least fifty-five years or where the applicant enters into an equity sharing agreement for all for-sale affordable housing units upon the same terms and conditions as in Section 18.43.045.D. * * *
J. Usable open space:
N.
N.
0. 1. Residential uses: a minimum of one hundred fifty 150 square feet of outdoor usable common or private open space shall be provided per dwelling unit in accordance with the minimum size requirements of Section 18.42.065. * * *
Service, trash and loading areas, and mechanical equipment:
1. Service and loading areas shall be oriented away from public viev .. ' and provided \Vith ornamental screening;
2. Exterior on site facilities and mechanical equipment, including se'JJer, gas, water, electric, telephone, and communications equipment, shall be installed underground where feasible. Transformers and other mechanical equipment that must be above ground shall be screened in accordance vvith Section 18.42.140, and incorporated into the landscape wherever possible;
3. Trash enclosures shall be screened in accordance ,.vith Section 18.42.130.
In addition, they shall be enclosed within the building envelope or architecturally integrated with the overall design theme of the development. Trash enclosures should be planted 1Nith vines if located adjacent to or 'Nithin a landscaped area.
Signs: the provisions of Chapter 18.58 shall apply; and General provisions as set forth in the table found in section 18.42.010.
SECTION 17. Section 18.19.080 is hereby ADDED to the Gardena Municipal Code read as follows:
16 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
18.19.080 Phasing of mixed .. use developments.
New mixed-use projects shall include construction of both the residential and non residential parts concurrently.
CHAPTER 18.19A .. ARTESIA MIXED USE (AMU)
SECTION 18. Chapter 18.19A is hereby
as follows:
to the Gardena Municipal Code to read
Chapter 18.19A
ARTESIA MIXED USE {AMU)
18.19A.010 Purpose.
The Artesia mixed-use zone is intended for a mix of commercial space and restaurants with medium density and live-work style residential units. The Artesia mixed-use zone is different from other mixed-use opportunities in the City (primarily overlays) in that it is designed to feature commercial and restaurant uses along the Artesia Boulevard frontage, along with some live-work units; while strictly residential units are clustered along the Dominguez Channel. Live-work units fill the space between the commercial and residential units.
18.19A.020 Definitions.
For the purposes of this chapter, the following words shall have the meanings described below:
"Main Street" means that private street running east-west that roughly bisects the AMU zone into north and south halves.
"Service businesses generally based on-site" provide a service directly to the customer at the business premises. Examples include but are not limited to: copying and shipping; notary public; barber; small item repair; tailor and alterations; dry cleaner; financial advising and banking; tutoring; childcare; and indoor playgrounds. "Service businesses generally conducted off-site" provide a base of operations and limited customer interaction at the business location while the core of the business activity is performed remotely. Examples include but are not limited to: plumbing; mobile pet grooming; windshield repair; private investigation; pool service; house painting; and wedding planning.
"Studio uses" include but are not limited to: martial arts; art and design, including digital formats; post production; photography; sound recording; physical therapy, and yoga. 17 DocuSign Envelope ID: 786C84EA-8368--4C97-B21 F-DC822B99DCCB 1 9A.030 permitted.
The following uses shall be permitted by-right in the Artesia mixed-use zone provided they are not listed as requiring a conditional use permit (18.19A.040) or prohibited (18.19A.050):
A. Residential-permitted only south of Main Street:
1. Multi-family dwellings
2. Single-family attached dwellings (town homes)
3. Transitional housing, subject only to those restrictions that apply to other residential dwellings of the same type in this zone
4. Supportive housing, subject only to those restrictions that apply to other residential dwellings of the same type in this zone
5. ADUs and JADUs subject to the provisions of Chapter 18.13 B. Commercial-permitted only north of Main Street:
1. Retail stores up to 5,000 square feet
2. Restaurants
3. Service businesses generally based on-site
4. Studio uses
C. Live-work-permitted in live-work-style units only adjacent to Main Street and subject to a home occupation permit:
1. Professional, administrative, and business offices
2. Retail stores
3. Service businesses generally based on-site
4. Service businesses generally conducted off-site
5. Studio uses
18.19A.040 Uses permitted subject to a conditional use permit.
The following uses may be permitted in the AMU zone subject to the issuance of a conditional use permit in accordance with the procedure set forth in Chapter 18.46:
A. Commercial-permitted only north of Main Street:
18 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
1. Retail stores over 5,000 square feet.
2. Medical offices, including urgent care facility
B. Live-work:
1. Restaurants
2. Catering services
C. Establishments selling or serving alcoholic beverages for consumption on or off the premises
18.19A.050 Uses prohibited.
All uses not listed in Sections 18.35.030 and 18.35.040 are deemed to be expressly prohibited, except those determined to be similar pursuant to the provisions of Section
18.42.040. No similar use determination may be made for the following specific uses, which are deemed to be incompatible with the uses permitted in the C-3 zone and are therefore prohibited:
A. Residential:
1. Any residential units other than live-work north of Main Street B. Commercial:
1. Any commercial uses other than live-work south of Main Street
2. Fitness and training facilities
C. Live-work:
1. Industrial uses
2. Wholesaling and warehousing
3. Outdoor sales
4. Adult-oriented businesses as defined by Section 18.62.020.G
18.19A.060 Property development standards.
The property development standards set forth in this section shall apply to all land and buildings in the AMU zone.
A. Lot area: 0.5 acres.
B. Lot dimensions: minimum lot width of 92 feet. No minimum or maximum lot depth. 19 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB C. Density: 18 dwelling units per acre maximum.
D. Building height: 3 stories and 45 feet maximum.
E. Setbacks and building separation-minimum requirements:
1 . Street front: 22 feet.
2. Sides and rear abutting property lines: 5 feet.
3. Commercial building to commercial building: 15 feet.
4. Commercial building to residential building: 15 feet.
5. Live-work building to residential building: 10 feet.
6. Live-work building to live-work building: 10 feet.
7. Residential building to residential building: 10 feet.
F. Parking:
1. Residential and live-work: 2 spaces per unit plus 0.5 per unit for guest parking.
2. Commercial: 1 space per every 175 gross square feet.
G. Open Space:
1. Commercial: 10% of commercial gross square feet.
2. Live-work: 100 square feet per unit.
3. Residential: 150 square feet per unit.
H. General provisions set forth in Section 18.42.010.
18.19A.070 Design criteria.
The design standards set forth in this section shall be used to review site plans, building plans and use permits for all development within the AMU zone and the residential design criteria in section 18.42.190. In the case of conflicting design criteria, this Section shall prevail.
A. Site design: the following principles intend to establish an engaging street edge defined by the orientation and placement of buildings fronting major streets. 20 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
1. Building orientation: buildings and major pedestrian entrances must be oriented towards centers of activity, specifically, a primary street frontage or public plaza.
a. All primary ground-floor common entries or individual dwelling unit entries fronting on public or private streets must be oriented to the street, not to the interior or to a parking lot.
b. Entrances at building corners may be used to satisfy this requirement.
2. Setback encroachments: restaurant facilities and retail may encroach into the street setback as permitted by the City under an approved encroachment permit up to a maximum of eight feet from the building frontage, provided at least four feet of unobstructed walkway is maintained.
B. Architecture: the following principles intend to promote quality design.
1. Siding materials: plain concrete block, plain concrete, plywood, sheet pressboard, or vinyl panels are prohibited. Siding should be of high quality materials that weather well over time;
2. Color: colors must include a base color and two or more accent colors for each building. Colors must be selected from the approved color palette adopted by resolution of the City Council;
3. Multiple story structures: each subsequent story above the second story shall be set back from the story below by a minimum of eight feet. Architectural features, private open spaces, and patios may encroach up to fifty percent into the multiple story setback area, up to the wall face of the lower story;
4. Building facade: street-facing facades must be architecturally enhanced through the use of the architectural features listed below:
a. Maximum total wall plane without windows or entrances (on any facade) should not exceed thirty percent of the first story wall; b. A minimum of 60 percent of the street-facing facade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space or product display areas;
5. Architectural details listed below must adhere to the following:
a. Architectural projections, such as bays, dormer windows, sun-control devices, un-roofed porches, cornices, belt courses and appendages such as water tables, sills, capitals, and bases, may encroach into the required setback by up to eighteen inches:
21 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB b. Balconies and porches are encouraged to create distinction between units, but are not required,
c. Awnings, if used, must be broken into segments that mirror the door and window openings beneath them,
d. Canopy posts may not be placed within the public right-of-way;
6. Window placement shall reflect the use:
a. For commercial uses, large windows shall front onto major pedestrian throughways to promote exposure and visibility, b. For residential uses, windows shall face away from loading areas, docks, and trash storage areas.
7. A lighting plan is required for any new construction pursuant to section
18.42.150 and 18.42.190.H.
SECTION 19. Section 18.20.050.A.7 of the Gardena Municipal Code is hereby amended to read as follows:
7. Other Standards. To the extent not otherwise addressed in this chapter, the provisions of Chapter 18.42 as shown in the table in Section 18.42.010 shall also apply to multi-family residential and residential mixed-use housing projects.
CHAPTER 18.21 - HOUSING OVERLAYS (HO-3, HO-4, HO-5, AND HO-6) SECTION 20. Chapter 18.21 (Housing overlays (HO-3, HO-4, HO-5, and HO-6)) of the Gardena Municipal Code is hereby ADDED as follows:
Chapter 18.21
HOUSING OVERLAYS (HO-3, HO-4, HO-5, AND HO-6)
18.21.010 Housing overlays.
Gardena has few vacant or underutilized properties within the existing residential zones to accommodate residential growth without fundamentally changing residential land use policy. To accommodate residential demand, housing overlays are created that are placed over commercial- and industrial-zoned properties that are considered viable for housing development. The overlays provide for four density categories progressing from 12-20 units/acre to 51-70 units/acre. The overlays are designated HO-3 through HO-6 with HO-3 representing the overlay with the lowest density and HO-6 the highest density. 22 DocuSign Envelope ID: 786C84EA-8368-4C97-B21F-DC822B99DCCB
18.21.020 Superimposed nature of housing overlays.
Land classified in the housing overlays shall also be classified in one or more underlying commercial or industrial zones. Property so classified shall be identified on the zoning map by both the underlying zone and the housing overlay. The regulations set forth in this chapter shall be in addition to those regulations in other chapters of this title. In the event of conflict between the provisions of the applicable housing overlay and the underlying zone, Chapter 18.42 (General provisions), the provisions of the housing overlay shall prevail when residential uses are part of the development. If the housing overlay is silent on any development standard, the controlling development standards shall be in the following order: housing overlay, 18.42 (General provisions); and then the underlying zone.
18.21.030 Permitted uses in housing overlays.
The following uses shall be permitted in the housing overlays:
A. Residential developments and residential mixed-use housing projects that comply with the residential design criteria of Section 18.42.190, subject to the density and development standards of the applicable overlay, and subject to the site plan review provisions of Chapter 18.44.
B. Mixed residential and commercial developments are permitted in commercial zones only. Industrial-residential mixed-use is not permitted.
1. Commercial uses in mixed-use developments are permitted, conditionally permitted, or prohibited in the same way they are permitted in the underlying zone. All conditions and limitations on the use within the underlying zone apply to the commercial portion of the development;
2. Residential portion of mixed-use follows development standards of the applicable overlay.
C. Transitional and supportive housing are permitted subject only to those restrictions that apply to other residential dwellings of the same type within the overlay.
D. Commercial and industrial uses permitted in the underlying zone are subject to the provisions of the underlying zone only.
18.21.040 Prohibited uses in housing overlays.
The following uses shall be explicitly prohibited in the housing overlays:
A. Short-term rentals.
23 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
18.21.050 Development standards for all housing overlays.
The property development and design standards set forth in this section shall apply to land and buildings within the HO-3, HO-4, HO-5, and HO-6 for a residential or mixed-use project. In the event of a conflict with standards or requirements within other chapters of this title, the provisions in this section shall prevail.
A. Lot dimensions:
1. Minimum lot width at street frontage: 50 feet;
2. No minimum or maximum lot depth.
B. Minimum lot area:
1. In HO-3, HO-4, and HO-5: 5,000 square feet;
2. In HO-6: 0.5 acres.
C. Yards: Minimum setbacks measured from property lines:
1. Front yard: 10 feet;
2. Side yard:
a. 5 feet for first two stories of a building;
b. 10 feet for corner lots (street-facing side only);
c. 10 feet for stories above the second floor.
3. Rear yard:
a. 15 feet if adjacent to R-1 or R-2 zoned property;
b. 5 feet in all other circumstances.
4. Minimum distances between buildings on the same site: notwithstanding any other provision of this code to the contrary, the following shall apply:
Between residential, commercial, and mixed-use 10 feet
Residential side to side 10 feet
Residential front to side 15 feet
Front to front with interior court 20 feet
Front to front with driveway between 30 feet
Residential to accessory structure 6 feet
24 DocuSign Envelope ID: 786C84EA-8368--4C97-B21 F-DC822B99DCCB D. Maximum building height:
1. In all housing overlays, 40 feet for any portion of a structure that is within 20 feet of:
a. R-1 or R-2 zoned property; or
b. a property line abutting a collector or local street.
2. For the remaining portions of a structure, the maximum height is as follows:
a. H0-3:
i. 40 feet and 3 stories for residential only structures; ii. 55 feet and 4 stories for mixed-use structures with ground floor commercial.
b. H0-4:
i. 55 feet and 4 stories for residential only structures; ii. 65 feet and 5 stories for mixed-use structures with ground floor commercial.
C. H0-5:
i. 65 feet and 5 stories for residential only structures; ii. 75 feet and 6 stories for mixed-use structures with ground floor commercial.
d. H0-6:
i. 75 feet and 6 stories for residential only structures; ii. 85 feet and 7 stories for mixed-use structures with ground floor commercial.
3. An additional five feet of structural height without usable floor area is permitted for architectural projections in all overlay zones.
E. Density and intensity: For developments involving residential alone or as part of a mixed-use project, the minimum and maximum residential densities are as follows:
H0-3
H0-4
minimum density maximum density
(du/acre) (du/acre)
12 20
21 30
25 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB H0-5
H0-6
F. Minimum unit size:
1. 400 square feet;
31 51
50 70
2. No minimum dwelling unit size shall be required for an affordable housing unit where the applicant enters into an affordable housing agreement with the city to be recorded against the property to ensure continued affordability of all moderate, low, and very low income rental units for at least fifty-five years or where the applicant enters into an equity sharing agreement for all for-sale affordable housing units upon the same terms and conditions as in Section 18.43.045.D.
G. Usable open space: A minimum of 150 square feet of outdoor usable common or private open space shall be provided per dwelling unit in accordance with the requirements of Section 18.42.065.
H. Off-street parking: the provisions of Chapter 18.40 shall apply, with the following exceptions or additions:
1. Minimum residential parking requirements:
a. Studio units: 1 parking space per unit;
b. 1 and 2-bedroom units: 1.5 parking spaces per unit;
c. Units with more than 2 bedrooms: 2 parking spaces per unit. d. Unless reduced or eliminated by applicable state law, units that are affordable to low-, very low-, or extremely low-income households, senior housing, and special needs or supportive housing shall provide parking at the rates specified in Section 18.43.090.B.
2. Tandem and mechanical parking:
a. Residential parking may be satisfied by tandem spaces where parking is assigned to a single residential unit. Two-level mechanical vehicle lifts are to be treated as tandem and subject to the same restrictions.
Unassigned parking and parking assigned to different units may not be tandem;
b. Mechanical or robotic parking structures that accommodate three or more vehicles are permitted subject to the development standards applicable to a residential structure;
26 DocuSign Envelope ID: 786C84EA-8368-4C97-B21F-DC822B99DCCB
3. Parking for residential units on lots less than 10,000 square feet shall be directly accessible to the street system via an alley, if available, otherwise as follows:
a. Local street, if available;
b. If no alley or local street is available, then a collector street; c. If no alley, local or collector street is available, then an arterial.
4. Residential lots of 10,000 square feet or greater shall not provide direct vehicular access to an alley. Parking shall be directly accessible to the street system via a local street, if available, otherwise as follows:
a. If no local street is available, then a collector street; b. If no local or collector street is available, then an arterial.
5. Parking for commercial and guest parking shall be directly accessible to the street system via an arterial, if available, otherwise as follows:
a. Collector street, if available;
b. If no arterial or collector streets are available, then a local street.
6. Guest Parking spaces required:
a. 0.25 space per unit in all residential and mixed-use developments unless reduced or eliminated by applicable state law;
b. Guest spaces in a mixed-use project may not be tandem.
7. Shared parking between commercial and residential guest spaces is permitted in mixed-use developments as follows:
a. Only guest parking spaces that are directly accessible to both commercial customers and residential visitors may be used as shared parking. The percentages below are applied only to guest parking that meets this criterion. "Directly accessible," as used here shall mean: 1) using the same curb cuts and driveways as the commercial parking; and 2) not being separated from commercial or residential pedestrian entry points by a wall, fence, gate, berm, or other similar barrier.
b. Commercial space developed as office: 75% of the guest parking spaces may also be counted toward required commercial parking; c. Commercial space developed as retail: 50% of the guest parking spaces may also be counted toward required commercial parking; 27 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB d. Commercial space developed as a restaurant: 20% of the guest parking spaces may also be counted toward required commercial parking; e. Commercial space developed for any use other than those listed above shall be considered retail for the purpose of this calculation; f. If more than one type of commercial use is developed within the commercial space, shared parking shall be determined by the use with the lowest sharing percentage. If circumstances indicate that a higher sharing percentage may be warranted, this may be allowed subject to the following:
i. The applicant pays for a shared parking study to be
commissioned by the City which shows that the number of spaces being provided is sufficient for shared parking use; and ii. A declaration of restrictions is recorded against the property which provides that there shall be no change in uses allowed without a subsequent parking study that verifies that the number of parking spaces provided is sufficient for shared parking use; and iii. The applicant complies with any conditions required by the parking study to ensure there is sufficient parking.
iv. The Planning Commission shall approve shared parking under the process set forth in Chapter 18.44 for site plan review.
8. Bicycle Parking.
a. Long-term bicycle parking shall be provided at the rate of one space per every four residential units. Long-term spaces shall be covered, lockable enclosures with permanently anchored racks for bicycles, lockable bicycle rooms with permanently anchored racks, or lockable, permanently anchored bicycle lockers. This requirement shall not apply to any unit which has an enclosed two-car garage.
b. Short-term bicycle parking shall be provided at a rate of 5% of required visitor parking, with a minimum of one two-bike capacity rack. Such parking shall be by means of permanently anchored bicycle racks.
I. Signs: the provisions of Chapter 18.58 shall apply;
J. Storage space: A minimum of 80 contiguous cubic feet of private secure storage space shall be provided for each dwelling unit with a minimum dimension of 2 feet in any direction. Bicycle lockers satisfy this requirement, but bedroom closets and kitchen and bathroom cabinets do not; and
K. General provisions as set forth in the table found in section 18.42.01 0; and 28 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
18.21.060 Building separation within a project.
A. Between a residential and commercial or mixed-use building: 15 feet; B. Between residential buildings: 10 feet.
18.21.070 Phasing of mixed-use developments.
New mixed-use projects shall include construction of both the residential and non residential parts concurrently.
CHAPTER 18.40 - OFF-STREET PARKING AND LOADING
SECTION 21. Subsections I, J, and O of Section 18.40.060 of the Gardena Municipal Code are hereby amended to read as follows; except as amended, all other sections remain the same:
I. Drainage and paving.
1. Drainage from parking lots to the public rights-of-way shall be filtered through a City approved filter system. The filter shall be located on the development property and maintained by the property owner.
2. The applicant shall be responsible for the construction of all on-site drainage facilities and provide a drainage plan. This will include Low Impact Development (LID) referring to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of Stormwater in order to protect water quality.
3. The applicant shall demonstrate compliance with the Construction Stormwater Program of the State Water Resources Board and the applicant must implement Best Management Practices, to the satisfaction of the Building Official, during construction to prevent construction materials and soil from entering the storm drain.
4. Parking areas shall be graded to drain and shall be paved with not less than two inches finished thickness of asphaltic pavement laid on not less than four inches of base material, or not less than four inches of finished thickness of Portland cement concrete.
J. Patrons or employees of an occupant of a commercial or industrial building shall not be charged for the use of parking spaces designated toward providing the minimum parking requirements. The provisions of this subsection shall be inapplicable to any project whose minimum parking requirements are in whole or in part met by public parking provided by the Gardena Parking Authority pursuant to Section 18.40.110. 29 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
0. * * *
Screening of parking facilities
1. A th-Hi-y30 to forty two42 inch masonry! QLOther decorative wall, landscape screen or landscaped berm shall be provided between the property line and surface parking spaces lots located along street frontages..:. and betv✓een drivO'vvay aisle and parking spaces, vvhich face main entrances to new, expanded or reconfigured parking facilities.
2. Such walls or landscape berms shall be set_back from the property line and the area between the property line and wall or berm shall be landscaped. The height of the wall or berm shall be measured from the finished grade of the parking space-;�
3. Parking structures and all mechanical vehicle lifts shall be screened as follows:
a. Parking structures that do not have solid walls facing the property lines shall incorporate screening on those sides by means of metal mesh or slats that are no less than 50% solid material.
b. Mechanical vehicle lifts must be screened by the walls of a structure.
SECTION 22. Subsections A and B of Section 18.40.090 of the Gardena Municipal Code are hereby amended to read as follows:
18.40.090 Landscape regulations for parking areas.
A. Landscape plans for parking areas shall be submitted in accordance with Section
18.42.075A.B and landscape shall be maintained in accordance with Section
18.42.075G£.
B. For commercial and industrial developments, The amount of landscaping required shall be not less than five percent of the total paved area utilized for driveways and open parking areas. Said landscaping shall be evenly distributed throughout the parking areas wherever feasible. Any unused space resulting from the design of the parking spaces shall be landscaped. This requirement does not apply to indoor parking areas.
CHAPTER 18.42 - GENERAL PROVISIONS
SECTION 23. Section 18.42.010 of the Gardena Municipal Code is hereby amended to read as follows:
Section 18.42.010 Scope.
30 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB A. The general provIsIons set forth in this chapter shall apply to development regulated by this title.
B. Development standards for residential, mixed-use, and overlay zones apply as set forth below.
Table 18.42 - 1
R-1 R-2 R-3 R-4 R-6 MUO AMU C-R HO
18.42.065 - Open Space - Residential - A A A A A - A A uses
18.42.070 Fences and walls A A A A A A A A A
18.42.075 - Landscape regulations - A A A A A A A A
18.42.080 - Setbacks for streets/alleys A A A A A A - A A
18.42.085 - Commercial/Industrial - - - - - - - - -setbacks
18.42.090 - Swimming pool A A A A A A A A A
18.42.095 - Residential design A - - - - - - - -
18.42.100 - Permitted projections A A A A A A A A A
18.42.11 O - Intersection visibility A A A A A A A A A
18.42.120 Residential design criteria - A A A A A A A A
18.42.130 - Refuse enclosures - - A A A A A A A
18.42.140 Utilities and mechanical A A A A A A A A equipment -
18.42.150 - Security and lighting plan - A A A A A A A A
18.42.160 - Reverse vending machines - - - - - - - - -
18.42.170 - Pedestrian amenities - - A A A A A A A
18.42.180 - Display of addresses A A A A A A A A A
18.42.190 - Pet relief area - - A A A A - A A
18.42.200 - Pre-permit requirements - A A A A A A A A
18.42.210 - Post-permit requirements - A A A A A A A A
"-" means not applicable; "A" means the standard applies 31 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB SECTION 24. Section 18.42.065 of the Gardena Municipal Code is hereby amended to read as follows:
18.42.065 Open space .. Residential uses.
A. Open space may be either private or common.
1. "Private open space" must be directly accessible from the individual dwelling unit and may be in the form of patios, decks, balconies, and roof decks.
2. "Common open space" must be accessible to all residents and may include plazas, courtyards and paseo areas. "Open space" shall not include: sidewalks; parking areas; garages; driveways; turning aisles; storage areas; refuse areas; or areas inaccessible to residents.
B. Dimensions.
1. All common areas shall have a minimum continuous area of 150 oo-e hundred fifty square feet and no dimension less than eight feet in any zone;
2. Except for balconies, patios, and decks, private open space in the R 2, R 3 and R 4 zones shall have a minimum continuous area of one hundred fifty 150 square feet and no dimension less than eight feet;
3. Except for balconies, patios, and decks, private open space in the MUG or C R zone shall not have any dimension less than eight feet; 4�. Private balconies, patios, and decks shall have a minimum area of fofty 40 square feet and no dimension less than four feet.
C. Landscaping. All usable open space, excluding private balconies, patios, decks, designated common game areas, and fenced private svvimming pool areas, shall be landscaped. Common s1.vimming pool areas may be landscaped if feasible. Not less than 10 percent of the area devoted to outdoor open space must be planted and irrigated pursuant to Section 18.42.075.
D. An outdoor swimming pool, jacuzzi, or hot tub (including surrounding decks or walkways) may be substituted for up to 50 percent of open space.
GE. Indoor Areas. Indoor areas improved and designated for tho leisure and recreational use of all the residents may contribute to a maximum of ten percent of the usable open space requirement. Indoor common recreation or gathering spaces may be counted as common space if it is immediately adjacent to and accessible from a common area and does not exceed 25 percent of the total required common open space.
SECTION 25. Subsections A and C of Section 18.42.070 of the Gardena Municipal Code are hereby amended to read as follows; all other provisions remain the same:
32 DocuSign Envelope ID: 786C84EA-8368-4C97-821 F-DC822899DCCB
18.42.070 Fences, hedges and walls.
For purposes of this section the term "fence" includes a "wall" A. Height.
1. Residential Uses. A fence, hedge or 'Nall not more than eight seven feet in height may be located along the side or rear property lines.
2. Residential front yard fences shall be composed of only the following materials: wood, wrought iron, tubular steel, stone, brick, stucco, or decorative block such as slump stone or split-faced block. If the fence consists of wrought iron or tubular steel, it shall be interspersed with stone, brick, stucco, or decorative block at a minimum of every eight feet for aesthetic reasons. a. Driveway gates shall be set back at least a minimum of twenty feet from front or corner side yards.
b. Driveway gates abutting alleys shall be located at least a minimum of twenty-five feet from the opposite side of the alley. c. Except as provided by subsection A.2.d of this section, fences and hedges, in the front yard setback shall have a maximum height of three and one-half feet for interior lots and three feet for corner lots in the required front yard setback area. Fences in the front yard beyond the setback shall not exceed seven eight feet in height.
d. In cluster developments that provide perimeter fencing, fences in the front yard setback may be up to seven eight feet in height provided the following requirements are met:
i. The fence shall consist of wrought iron or tubular steel and shall be interspersed with stone, brick, stucco, or decorative block at a minimum of every eight feet for aesthetic reasons;; and ii. There is a minimum of five feet of landscaping between the front of the fence and the back of the sidewalk area closest to the fence.
3. Nonresidential Uses. A fence, hedge or 'Nall not more than eight feet in height may be located along the side or rear property lines. A fence or hedge or wall shall have a maximum height of three and one-half feet for interior lots and three feet for corner lots in the required front yard setback area when such setback is required pursuant to the provisions of this code. a. Nonresidential fences shall be composed of only the following materials: wrought iron, tubular steel, stone, brick, stucco or decorative block such as slump stone or split-faced block.
33 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822899DCCB b. Nonresidential fences and 'Nalls located on street frontages shall have a minimum three-foot landscape setback.
4. Nonresidential Parking Lot Abutting Residential Zone. Wall enclosure requirements shall be as follows:
a. Where a commercial or industrial parking lot abuts property in a residential zone, a decorative masonry wall at least eight feet in height shall be constructed along the abutting property line. Such walls shall uniformly step down to a height of three and one-half feet within the required front yard setback area of the adjacent property.
b. Where a commercial or industrial parking lot is adjacent to a street or highway, a decorative masonry wall three feet in height or a landscape hedge shall be constructed to serve as a visual screen. * * *
C. Measurement of Fences. When a fence, wall or landscaping treatment of a specified height is required as a condition of approval to a development request, and there is substantial difference in the finished grade on either side of such fence, the height shall be measured from a grade on the higher side as determined by the community development director in order to protect the safety and general welfare of affected property ovmers.
SECTION 26. Section 18.42.075 (Landscape regulations) of the Gardena Municipal Code is hereby amended as follows; all other sections remain the same:
18.42.075 Landscape regulations.
A. For the purposes of this section, the following definitions shall apply:
1. "High water use plants" means plants listed as "high" water use on the WUCOLS plant list for Region 3. The list can be found at:
https://ucdavis.app.box.com/s/sunee4Ioougj2cmnfeqqmbax1 mpvmyv0.
2. "Water efficient" means using plants listed as "low" or "very low" water use on the WUCOLS plant list for Region 3. The list can be found at:
https ://ucdavis .app. box.com/s/su nee4Iooug j2cm nfeqqmbax1 m pvmyv0.
3. "WUCOLS" is Water Use Classification of Landscape Species published by California Center for Urban Horticulture, University of California, Davis and can be found at:
http://ucanr.edu/sites/WUCOLS/.
34 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB AB. A complete landscaping plan shall accompany site development plans for all newly constructed or expanded buildings or structures in all the multi-family residential, commercial, and industrial zones. This requirement shall not apply to the following:
1. A change in use, involving no addition or alterations to buildings or parking layout;
2. An addition to or alteration of any building or structure required by other provisions of this code or state laws;
3. An addition to or alteration of any building or structure, which does not exceed five hundred square feet.
gc_ The landscaping plan shall include:
1. The botanical and common names of the plants listed alphabetically with a key number assigned to each plant so it can easily be located on the plan;
2. The size and quantity of the plants;
3. The spacing and design of landscape material.
GD. For commercial and industrial developments, the amount of landscaping required in parking areas and size of planting materials shall be as set forth in Section 18.40.090.
E. Plants
1. At least 75% of plantings must be water efficient plants and not more than 5% may be high water use plants or turf grass. California native plants are encouraged, but plants native to other Mediterranean climates (including South Africa and Australia) are permitted.
2. Trees must be a minimum of 24 inch box size. Shrubs must be a minimum of 1 gallon size.
3. Landscaping shall be placed to not obstruct pedestrian pathways when the plants reach mature size.
QF. Landscape maintenance requirements shall be as follows:
1. An automatic sprinkler or irrigation system shall be installed and permanently maintained in working order.
a. The system must include controllers that utilize either evapotranspiration or soil moisture sensor data utilizing non-volatile memory.
b. Metal cages, painted green, shall be used to protect irrigation check valves and controllers.
35 DocuSign Envelope ID: 786C84EA-8368-4C97-B21F-DC822B99DCCB G.
c. All above ground piping, such as double detector check valves, shall be placed behind the front setbacks and shall be screened with landscaping and painted green.
d. Protective bollards shall be of a decorative type and/or painted green where appropriate.
2. All landscaping shall be permanently maintained in thriving condition.
3. Lawn and ground covers shall be trimmed or mowed regularly. All planted areas shall be kept free of weeds and debris.
4. Adjustments, replacements, repairs and cleaning of plant material shall be a part of the regular maintenance.
5. Stakes, guys, and ties on trees shall be checked regularly for correct function. Ties shall be adjusted to avoid creating abrasion or girding on trunks or branches.
Non-planted areas:
1. Seating areas, fire pits, patios, and shade structures, etc., may be substituted for up to 50% of the planted area requirement. These areas may be paved with brick or stone pavers, decomposed granite, raised wood or artificial wood platforms, or decorative concrete pavers.
2. Poured concrete and asphalt are not permitted except to provide accessible pathways and courts for sports such as tennis and basketball.
3. Hardscape, such as stone, gravel, decomposed granite, and pavers, may be use in front and side setbacks as follows:
a.
b.
Hardscape may not exceed 50% of the required setback area; Hardscape in required open space shall not exceed 90% of the total open space area;
c. All hardscape in the front setback area must be buffered from the public right-of-way by a minimum four foot landscaped strip that must be:
i. Planted with living plant materials pursuant to subsection E above; and;
ii. Be irrigated pursuant to subsection F above;
4. Sculptures, shade structures, fountains, and other constructed or erected features are limited to not more than 20% of the front yard or more than 50% of required open space;
36 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
5. Water features: Except for birdbaths, only recirculating water features may be used.
SECTION 2.7. Section 18.42.120 of the Gardena Municipal Code is hereby amended to read as follows:
18.42..12.0 Distance between buildings Residential design criteria.
Zones in \Nhich tall buildings are permitted: In all zones 'Nhere buildings of three or more stories in height are permitted, the requirements for space beh.veen buildings on the same site shall be increased two and one half feet for each story, or fraction thereof, above the second story.
A. Multi-family site design:
1. In residential zones:
a. Multi-family buildings with ground floor units fronting a street shall have the pedestrian entrances to those units facing the street; or b. Where a courtyard is provided with units on at least two sides, the main pedestrian entrances may all face the courtyard provided there is direct pedestrian access to the courtyard from the public right-of-way; c. For townhomes and apartments not fronting on a public street, the main pedestrian entrances, private or common, shall be oriented toward walkways within the development.
2. In commercial zones:
a. Ground floor residential units need not have their primary pedestrian entrances facing the street;
b. On a corner lot, units fronting on a secondary street may provide the primary pedestrian entrances facing that street;
c. For mixed use developments, the primary residential pedestrian entrances may not be shared with commercial unit entrances.
B. Massing and articulation.
1. Buildings shall have major massing breaks at a minimum of every 25 feet along any street frontage by stepping back upper floors (above second floor) by 10 feet for a minimum of 50% of the facade width.
2. Variations in wall plane (projection or recess) of a minimum of 2 feet are required for a minimum of 25 percent of all facades of first and second stories. 37 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
3. Entries must be recessed or under a roof projection, such as a transom or porch, with a minimum area of 24 square feet. Fabric awnings do not satisfy this requirement.
4. Vertical ornamental elements, such as pilasters, if used, must protrude a minimum of 4 inches from the wall surface and extend from the ground or floor to the full height of the wall segment to which it is attached.
C. Exterior surfaces
1. On all exterior structure, wall, and fence surfaces, except those noted in Subsection 2 below, at least two exterior surface materials and colors are required on each building elevation and are limited to:
a. Stucco (smooth or rough);
b. Stone or brick veneer;
c. Wood (or equivalent), fiber cement, or metal cladding (siding), horizontal or vertical orientation;
d. Metal, provided they have a non-reflective coating or have the property of being non-reflective;
e. Other materials, provided they do not cover more than 25% of building elevations facing public streets. These materials include, but are not limited to, tile, and decorative concrete blocks-which are blocks that are textured or colored other than unstained concrete.
2. The following structure surfaces are exempt from Subsection C.1 above:
a. Metal mesh or slats may be used on the entire surface or parking structures; and
b. Glass.
3. Prohibited exterior materials include the following:
a. Concrete masonry units (CMU);
b. Aluminum, galvanized steel, or corrugated metal panels; c. Plywood and T1-11 siding;
d. Vinyl or plastic panels;
e. Mirrored glass;
f. Glossy tiles.
38 DocuSign Envelope ID: 786C84EA-8368--4C97-B21 F-DC822B99DCCB
4. Exterior colors: for all structures, including buildings, walls, and fences, the following shall apply:
D. Roofs.
a. Colors must include a base color and at least one accent or trim color for each building.
b. Only colors on the approved exterior color palette list, as adopted by City Council resolution, are permitted by-right, except as set forth below.
Accent or trim colors that are not included on the approved color palette list are allowed provided they do not exceed 15 percent of the total surface area on each elevation of the building.
c. Stone veneer, approved metals, and wood, both stained and unstained, are not subject to the exterior palette list;
1. Rooflines shall be vertically articulated at a minimum of every 48 feet along the street frontage through one of the following techniques:
a. A change in wall or roof height of a minimum 2 feet; b. A change in roof form; or
c. The inclusion of dormers, gables, or parapets
2. Materials for sloped roofs may be one of the following:
a. Composition shingles;
b. Flat concrete tiles;
C. Curved terracotta tiles;
d. Glazed tiles; or
e. Standing seam metal.
3. Eaves
a. Minimum projection from walls is 8 inches;
b. Maximum projection from walls is 24 inches.
4. Flat roofs must have a minimum 3-foot parapet wherever it meets an exterior wall.
E. Main entry. Main entry doors must be recessed by a minimum of 4 inches or be surrounded by molding at least 3.5 inches wide and projecting from the wall not less than 39 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB 3/4 of an inch. Side lights, transoms, pilasters, and other decorative entry features must also be recessed or trimmed in the same manner as the door.
F. Windows.
1. All windows must be recessed by a minimum of 4 inches or be surrounded by molding at least 3.5 inches wide and projecting from the wall not less than 3/4 of an inch.
2. Window frames must be wood, vinyl, or equivalent. Aluminum framed windows are prohibited.
G. Trellises
1. Attached and detached trellises are permitted provided any posts, brackets, or other supporting elements do not encroach into setbacks;
2. The top horizontal elements may project into setback areas not more than 18 inches.
3. Plants that are supported by a trellis may not extend more than the top horizontal elements if adjacent to a property line.
H. Lighting. In addition to the development standards of 18.42.150, the following design criteria apply to all Multi-Family residential developments:
1. All exterior light bulbs and LEDs must be enclosed on the top and sides when mounted to the side of a building, a pole, or other structure. The enclosing material may be glass, plastic, or metal, except that;
i. Suspended light strings may have exposed bulbs; and
ii. Holiday lights are exempt from this subsection.
2. All exterior lighting fixtures on the same building shall be of the same manufacturer and shall be of the same design, materials, and color. Size may vary if design, materials, and color are consistent.
3. All pole- or bollard-mounted lighting must be of the same manufacturer and of the same size, design, materials, and colors.
4. All light poles, standards, and fixtures shall not exceed a height of 16 feet measured from finished grade. The maximum 16 feet in height shall include all elements of the light, such as pole and light fixture combined.
I. Balconies, porches, and other projections.
1. All projections into the setback areas are subject to the restrictions found in Section 18.42.100.
40 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
2. Awnings, if used, must be broken into segments that mirror the door and window openings beneath them.
SECTION 28. Section 18.42.130.A of the Gardena Municipal Code is hereby amended to read as follows:
18.42.130 Refuse Enclosures.
A. Residential.
1. All trash containers shall be stored so they are not visible from the public right-of-way.
2. For all multi-family dwellings in excess of four units, refuse enclosures shall be provided as required by Chapter 8.20 that do not use individual trash containers. trash. recycling, organic waste, and green waste bins or dumpsters shall comply with one of the following:
a. The enclosures are located on the rear half of the property, housed in covered enclosures with an opaque gate that screens the trash receptacles and the enclosures shall be constructed of the same wall material and color as the nearest building within the development; or b. The enclosures are to be housed in a non-required parking area within a parking structure: or
C. The enclosures are to be enclosed within a building envelope;
3. Stand-alone trash enclosure structures located adjacent to or within a landscaped area shall be planted with climbing vines to cover adjacent exterior surfaces.
SECTION 29. Section 18.42.140 of the Gardena Municipal Code is hereby amended to read as follows:
18.42.140 Enclosure of Utilities and mechanical equipment.
A. Utilities that service the site shall be undergrounded from the point of connection to the utility to the structures or meters for the units. This includes utilities servicing the property through pipes, wires, or cables.
B. All mechanical equipment, plumbing lines, heating and cooling units and storage tanks and ductwork, roof or ground mounted, shall be incorporated into the building envelope. VVhen that is not feasible, all such items QLShall be screened on all sides with solid material as follows so that no part of the equipment is above the enclosure or 41 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB screening: architecturally compatible 'Nith the main structure or 'Nhen located at ground level, may be screened v,ith landscaping
1. Ground-mounted equipment shall be screened with the same material and colors as the building it serves. Alternatively, when located at ground level, the equipment may be screened with landscaping.
2. Roof-mounted equipment shall be screened with either the same material and colors as the building it serves. wood, or metal. Vertical slats may be used such that no more than 20 percent of the screening material is open for air circulation. All screening must be painted to exactly match the closest painted surface of the building it serves and must be a color from the approved color palette. Such screening shall be maintained at all times.
SECTION 30. Section 18.42.150 of the Gardena Municipal Code is hereby amended to read as follows:
18.42.150 Security and lighting plan.
Complete security and lighting plans shall accompany all site development plans for multi family development of four or more units and commercial and industrial developments to ensure that safety and security issues are addressed in the design of the development.
A. Intensity
1. Lighting plans for commercial and industrial developments shall demonstrate an average of two footcandles with no single point less than one footcandle for all public/common areas�-;-
g.2_ Lighting plans for multi-family developments shall demonstrate an average of one footcandle for all public/ and common areas.
B. All entries, parking areas, trash enclosures. active outdoor areas. and pedestrian pathways shall include dusk to dawn lighting for safety and security.
C. Security lighting shall not be directed beyond the property lines.
SECTION 31. Section 18.42.170 of the Gardena Municipal Code is hereby amended to read as follows:
18.42.170 Pedestrian amenities.
A. Pedestrian access via walkways that are at least forty four@ inches wide shall be delineated by decorative material, pavers or stamped concrete for each new residential unit except as described in B below. The delineated walkways are required to provide primary access to each unit from the public right-of-way�-;- 42 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB B. Pathways to accessible units as well as pathways that connect such units to common areas, such as mailboxes, lobbies, amenities, disposal facilities, and parking areas shall have smooth concrete surfaces.
SECTION 32. Sections 18.42.190 through 18.42.210 are hereby ADDED to the Gardena Municipal Code to read as follows:
18.42.190. Pet relief areas
A. Multi-family developments of 10 units or more and where pets are permitted shall provide a pet relief are subject to the following standards. In buildings where residents cannot keep pets, this section is not applicable;
B. Location: Pet relief areas must be outside in an area that is accessible to all resident pets of the building and not less than 15 feet from public sidewalks and not less than 10 feet from any building entrances;
C. Size: the pet relief area shall be a minimum of 40 square feet for developments of 10-40 units and 60 square feet for larger developments; D. Ground material: Ground surface material should be pea gravel or artificial turf; E. Screening: Area shall be screened from adjoining spaces by a minimum three foot wall or hedge;
F. Amenities: At least one post, a minimum two feet high, preferably shaped like a fire hydrant, shall be provided in the pet relief area; G. Cleaning supplies: The pet relief area shall be supplied with disposal bags, a trash bin, and a water connection for a hose.
18.42.200 Pre-permit requirements.
A. The applicant shall submit a Final Geotechnical Investigation for City review and approval and comply with its recommendations and any revisions deemed necessary by the City's Building Official.
B. Air quality. The project shall comply with the objective standards of the South Coast Air Quality Management District (SCAQMD) Rule 403 for fugitive dust control, rule 1113 for architectural coatings, Rule 1403 for asbestos containing materials, and regulation XIII for new on-site nitrogen oxide emissions.
C. The applicant shall prepare construction and demolition waste recycling plans for review and approval by the Building Division. Applicant shall enroll in the city's waste diversion program.
43 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB D. Prior to building permit issuance, the applicant is required to demonstrate to the Building Division that the HVAC units, if used, that are proposed to be installed on the site comply with the Chapter 8.36 (noise ordinance).
E. Prior to approval of grading plans or prior to issuance of grading and building permits, the following noise reduction techniques shall be included in the construction plans or specifications:
1. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices.
2. The project applicant shall demonstrate to the satisfaction of the City's Building Official that construction noise reduction methods shall be used where feasible, including shutting off idling equipment.
3. During construction, equipment staging areas shall be located such that the greatest distance is between the staging area noise sources and noise-sensitive receptors.
4. Per Gardena Municipal Code Section 8.36.080, construction activities shall not occur during the hours of 6:00 p.m. and 7:00 a.m. on weekdays; between the hours of 6:00 p.m. and 9:00 a.m. on Saturday; or any time on Sunday or a Federal holiday.
F. The applicant shall submit a sewer capacity study for all projects in accordance with the Department of Public Works policy as posted on the City's website.
G. For all new residential construction and all construction involving grading or other ground disturbance below a depth of 12 inches, a Phase I Environmental Site Assessment is required and all recommendations in the report adhered to.
18.42.210 Post-permit requirements.
A. Development Impact Fees.
The applicant shall be required to pay all residential development impact fees as posted on the City's website.
B. Mitigation Measures.
The applicant shall be required to comply with all applicable mitigation measures set forth in a mitigation monitoring program for the City's General Plan or any element thereof as posted on the City's website.
C. Paleontological resources.
44 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
1. Prior to commencement of ground-disturbing activities a qualified vertebrate paleontologist (as defined by the Society for Vertebrate Paleontology) shall develop Worker Awareness and Environmental Program (WEAP) Training for construction personnel. This training shall be presented to construction personnel and include what fossil remains may be found within the Project area and policies and procedures that must be followed in case of a discovery. Verification of the WEAP Training shall be provided to the Gardena Community Development Department.
2. If fossils or fossil bearing deposits are encountered during ground disturbing activities, work within a 25-foot radius of the find shall halt and a professional vertebrate paleontologist (as defined by the Society for Vertebrate Paleontology) shall be contacted immediately to evaluate the find. The paleontologist shall have the authority to stop or divert construction, as necessary.
Documentation and treatment of the discovery shall occur in accordance with Society of Vertebrate Paleontology standards. The significance of the find shall be evaluated pursuant to the State CEQA Guidelines. If the discovery proves to be significant, before construction activities resume at the location of the find, additional work such as data recovery excavation may be warranted, as deemed necessary by the paleontologist.
D. Cultural resources.
1. If Native American or tribal cultural resources are found on the site, the applicant shall enter into a cultural resources treatment agreement with a local Native American tribe traditionally and culturally affiliated with Gardena that is acknowledged by the Native American Heritage Commission, which shall address the following:
a. Treatment and disposition of cultural resources;
b. Designation, responsibilities, and participation of professional tribal monitors during grading, excavation and ground disturbing activities; c. Project grading and development scheduling;
d. Terms of compensation for the tribal monitors;
e. Treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on site;
f. Tribal monitor's authority to stop and redirect grading in order to evaluate the significance of any potential resources discovered on the property, and to make recommendations as to treatment; and g. The applicant's agreement to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project 45 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB area, to the tribe for proper treatment and disposition; and the applicant's agreement that all tribal sacred sites are to be avoided and preserved.
2. Human remains.
a. In compliance with state law, if human remains are unearthed, the project developer, pursuant to state health and safety code section 7050.5, will contact the county coroner and ensure no further disturbance occurs until the county coroner has made the necessary findings as to origin and disposition pursuant to public resources code section 5097 .98. b. If the remains are determined to be of Native American descent, the Native American Heritage Commission (NAHC) must be notified within 24 hours.
E. Migratory bird protection. Construction, grubbing, brushing, or tree removal shall be conducted outside of the state identified nesting season for migratory birds (typically March 15 through September 1, if possible. If construction is conducted during nesting season, a Pre-construction Nesting Bird Survey shall be conducted within and immediately adjacent to the project site by a qualified professional biologist no more than seven days prior to the beginning of any project-related physical activity that is likely to impact migratory birds. If active nests are found during the Pre-Construction Nesting Bird Survey, a Nesting Bird Plan (NBP) shall be prepared by a qualified biologist and implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size location and duration of all buffer zones, if required, shall be based on the nesting species, nesting sage, nest location, its sensitivity to disturbance, and intensity and duration of the disturbance activity. The buffers shall be maintained until the breeding season has ended or until a qualified professional biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival.
CHAPTER 18.44 - SITE PLAN REVIEW
SECTION 33. Section 18.44.01 0.E of the Gardena Municipal Code is hereby amended to read as follows:
18.44.010 When required.
E. All new multifamily development of four units or more, unless subject to Design Review pursuant to Chapter 18.45;
SECTION 34. Section 18.44.030. is hereby amended to read as follows.
18.44.030 Findings and factors for approval.
46 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB A. A site plan shall be approved, or conditionally approved, subject to the following findings:
1. The physical location, size, massing, setbacks, pedestrian orientation, and placement of proposed structures on the site and the location of proposed uses within the project are consistent with applicable standards; only after finding that the proposed development and the physical design of the
2. The development !.§_a-Fe-consistent with the intent and general purpose of the general plan and provisions of the municipal code;,
3. The health and safety services (police and fire) and public infrastructure are sufficient to accommodate the new development;
4. The project is compatible with the surrounding sites and neighborhoods; and
5. The project has been determined to be exempt from the California Environmental Quality Act or the appropriate environmental document has been completed and required findings have been made. and \Viii not adversely affect the orderly and harmonious development of the area and the general 1 .. velfare of the city; otherv.,ise such plans shall be disapproved.
B. In addition to all other applicable zoning and development requirements and policies, the following factors shall also be considered in determining whether the site plan shall be approved:
1. The dimensions, shape and orientation of the parcel;
2. The placement of buildings and structures on the parcel;
3. The height, setbacks, bulk and building materials;
4. The distance between buildings or structures;
5. The location, number and layout of off-street parking and loading spaces;
6. The internal vehicular patterns and pedestrian safety features;
7. The location, amount and nature of landscaping;
8. The placement, height and direction of illumination of light standards;
9. The location, number, size and height of signs;
10. The location, height and materials of walls, fences or hedges; 47 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB
11. The location and method of screening refuse and storage areas, roof equipment, pipes, vents, utility equipment and all equipment not contained in the main buildings of the development;
12. Repea.'-ed; and
12. For residential developments, the above factors shall be considered satisfied if the project meets the objective criteria relating to those items set forth in the zone and the applicable general provisions, including residential design criteria, contained in Chapter 18.42 for residential developments subject to this Chapter; and
13. For non-residential development, such other information which the community development director or commission may require to make the necessary findings that the provisions of this code are being complied with.
C. The community development director may make minor modifications to an approved site plan in order to resolve conflicts due to site conditions, building, fire, utility and similar requirements.
CHAPTER 18.45- DESIGN REVIEW
SECTION 35. Chapter 18.45 (Design Review) of the Gardena Municipal Code are hereby ADDED as follows:
18.45.005 Purpose.
Chapter 18.45
DESIGN REVIEW
Design review is a ministerial process that is not subject to the California Environmental Quality Act. The purpose of design review is to ensure that a project meets the applicable objective standards while at the same time encouraging affordable housing.
18.45.010 Where Applies.
Design review applies to:
A. All two-family dwellings;
B. Any new housing project of two or more units, including 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 or sold or rented to lower income households or 100 percent are sold or rented to personas and families of moderate income or middle income as those terms are further defined in Government Code section 65915. For purposes of 48 DocuSign Envelope ID: 786C84EA-8368--4C97-B21 F-DC822B99DCCB determining the 20 percent, the calculation is based on the number of units prior to the award of any density bonus units that may be requested.
18.45.020 Review
A. Whenever design review is required and prior to issuance of a building permit, a project's design shall be approved pursuant to the following criteria:
1. The provisions of this chapter; and
2. All applicable and objective standards contained in Chapter 18.42; and
3. All applicable and objective development standards in the zone in which the development occurs.
B. Any modifications to the design aspects made after planning commission approval shall be grounds for a building permit plan check to be denied. This may be remedied in one of the following ways:
1. The plans may be revised to conform to the design review approval; or
2. A design review modification may be approved by the planning commission pursuant to 18.45.030.G;
C. If a development project involves discretionary permits as well as design review, the design review hearing shall be concurrent with said discretionary permits.
18.45.030 Procedure
The procedure for design review shall be as follows:
A. Filing of Applications. An application for design review shall be filed by the property owner, the property owner's representative, or other person having the right to the possession of the land for which design approval is sought. Such application shall be filed with the community development department on forms provided by the department. As a part of the application, the applicant shall submit copies of the site plan, all building elevations drawn to scale, and either color renderings or specifications of exterior colors and materials that will be used. A color and materials board that displays exact colors to be used as well as samples of exterior finishes must also be submitted.
B. Filing Fees. The applicant shall pay to the city a filing fee established by City Council resolution for the purpose of defraying the costs incurred by the city in processing the design review application.
C. Review.
1. An application shall be reviewed for completeness.
49 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822899DCCB
2. Staff shall provide a review for consistency within the time frames provided for by state law. If an application is determined not to be consistent, the city shall notify the applicant in writing, identifying the provisions for which the application is non-conforming along with an explanation of the reasons it considers the project to be inconsistent or not in compliance with the objective provisions.
D. The Director shall approve all designs that meet the applicable objective development standards of the applicable zone and Chapter 18.42 for the single-family residential, and low-density multi-residential zones.
E. The planning commission shall hold a noticed public hearing and approve designs that meet the applicable objective development standards of the applicable zone and Chapter 18.42 for all other projects subject to this Chapter.
1. Notice of hearings shall be given in accordance with Government Code Section 65091.
2. Notice shall be mailed to property owners and occupants within 300 feet of the project site.
F. The decision of the planning commission shall be rendered in writing. Decisions shall be final unless appealed or called for review.
G. Any modification to an approved design review must be approved by the planning commission in the same manner as a new design review application. However, only the changes from the previously approved design review will be considered at a modification hearing,
1. In the event that any modifications are found by the planning commission to not be compliant with the objective standards, the original approval will remain in force for those modifications;
2. In such case, applicants shall be provided the opportunity to revise all modifications to make them compliant with objective standards and the hearing shall be continued until this is achieved or the modification application is withdrawn;
3. When a modification application is continued and no revisions are submitted to the community development department for 90 days, the modification application shall be deemed by the planning commission at the next regularly scheduled meeting to be abandoned;
a. An abandoned application shall be considered equivalent to a withdrawn application and no further continuances of the hearing are required;
b. The applicant shall be notified in writing not less than 15 days prior to the 90 day expiration of a modification application; 50 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB c. Any subsequent modifications after a modification application is deemed abandoned shall be a new modification application.
4. After modifications are approved, any further modification requests shall be considered a new modification application.
5. Notwithstanding the above, the Director may approve a change of color to another approved color.
18.45.050 Appeals.
Any aggrieved person may appeal the decision of the commission to the city council.
Such appeal shall be filed in writing with the city clerk within ten days after the date of the decision by the commission. Upon the receipt of such an appeal and the payment of filing fees established by the city council, the city clerk shall place the matter for consideration on the city council's agenda of the first regular meeting of the city council following ten days' written notice to the appellant and/or applicant and property owners and residents within three hundred 300 feet of the boundaries of the project site. The city council shall approve the design review if it finds that the project meets the objective standards.
END OF TEXT AMENDMENTS
SECTION 36. Overlay on Housing Element Inventory Sites.
The City's Housing Element identified approximately 468 parcels that were identified as Inventory Sites which were to receive an housing overlay to accommodate the City's Regional Housing Needs Allocation. The parcels shown on Exhibit A are listed on Exhibit B are all rezoned to receive housing overlays as shown on said Exhibit.
SECTION 37. Rescission of Artesia Corridor Specific Plan.
A. The Artesia Corridor Specific Plan is hereby rescinded. The properties within the Artesia Corridor shall be rezoned from Artesia Corridor Specific Plan to the following as more specifically described on Exhibit B:
AREA ZONING
1 Artesia Corridor Specific Plan� General Commercial (C-3) 2 Artesia Corridor Specific Plan � Very High Density Residential (R-6) 3/4 Artesia Corridor Specific Plan � Artesia Mixed-Use
4/5 Artesia Corridor Specific Plan � 1450 Artesia Specific Plan 6 Artesia Corridor Specific Plan � Official (0)
SECTION 38. No Net Loss. Government Code section 65863 provides that the City may not change a land use designation or zoning ordinance to a less intensive use unless the 51 DocuSign Envelope ID: 786C84EA-8368-4C97-B21 F-DC822B99DCCB city concurrently changes development standards, policies and conditions applicable to other parcels to ensure there is no net loss in residential capacity. The eastern portion of Area 4 of the Artesia Corridor Specific Plan would have allowed for approximately 40 housing units to be built. With the change of zoning to 1450 Artesia Specific Plan, residential uses will not be allowed in this area. The loss of residential units in this area is more than made up for by the rezoning of Area 2 of the Specific Plan to the Very High Density Multi-Family (R-6) zone which will allow 51-70 dwelling units per acre.
SECTION 39. CEQA Compliance. This Ordinance is categorically exempt from CEQA based on the following:
CEQA Guidelines section 15308 provides a categorical exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection. So long as the City fails to have a compliant Housing Element, it has virtually no control over development in the City and loses its ability to obtain funding to help with future planning. Additionally, until the City adopts development standards for these new zones, there will be no limits on what can be built in these new zones, with the minor exception of the density standards set forth in the General Plan. Further, the City loses its ineligibility for certain funding until the inventory properties are rezoned. Therefore, the rezoning of the Inventory Sites and adoption of the new development standards fall within this exemption. None of the exceptions to the exemption which are set forth in Section 15300.2 of the Guidelines apply.
CEQA Guidelines 15061 (b)(3) provides a common sense exemption for actions where it can be seen with certainty that there will not be an effect on the environment. Under existing law, if there is an inconsistency between the general plan and zoning, a developer may build to the density allowed in the general plan. Therefore, rezoning properties to be consistent with the higher density land use designation has no effect because those properties may already be built out to what is allowed under the new zoning.
Additionally, the common sense exemption applies to the rezoning of the properties of the Areas 1, 3, 4, 5 and 6 of the Artesia Corridor Specific Plan.
SECTION 40. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, 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, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
SECTION 41. 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 52 DocuSign Envelope ID: 786C84EA-8368-4C97-B21F-DC822B99DCCB the same is passed and adopted; and shall, within 15 days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
SECTION 42. Effective Date. This ordinance shall take effect on the 31st day after passage.
Passed, approved, and adopted this 28th day of February, 2023.
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
Exhibit A - Zoning Map (in 5 sections)
Exhibit B - Parcel List
TASHA CERDA, Mayor
53 STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss:
CITY OF GARDENA )
I, MINA SEMENZA, City Clerk of the City of Gardena, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance being Ordinance No. 1848 was duly passed and adopted by the City Council of said City of Gardena, approved and signed by the Mayor of said City, and attested by the City Clerk, all at a special meeting of said City Council held on the 28th day of February 2023, and that the same was so passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS TANAKA AND HENDERSON, AND MAYOR CERDA NOES: MAYOR PRO TEM FRANCIS
ABSENT: COUNCIL MEMBER LOVE
f}Ytity Clerk of e City of Gardena, California
(SEAL)
Attachment 2 – May 11, 2021 City Council
meeting on Inventory and Noninventory Sites
MAY 11, 2021
City Council Meeting
CITY OF GARDENA HOUSING ELEMENT 2021-2029
SITES INVENTORY
Draft Inventory Sites Maps
El Segundo Blvd to Rosecrans Ave
El Segundo Blvd
Western Ave
Vermont Ave
Crenshaw Blvd
Van Ness Ave
Normandie Ave
Rosecrans Ave
El Segundo Blvd to Rosecrans Ave
El Segundo Blvd
Western Ave
Vermont Ave
Crenshaw Blvd
Van Ness Ave
Normandie Ave
Rosecrans Ave
Rosecrans Ave to Redondo Beach Blvd
Rosecrans Ave
Western Ave
Vermont Ave
Crenshaw Blvd
Van Ness Ave
Normandie Ave
Rosecrans Ave to Redondo Beach Blvd
Rosecrans Ave
Western Ave
Vermont Ave
Crenshaw Blvd
Van Ness Ave
Normandie Ave
Redondo Beach Blvd to Gardena Blvd
Western Ave
Vermont Ave
Normandie Ave
Redondo Beach Blvd to Gardena Blvd
Western Ave
Vermont Ave
Normandie Ave
Gardena Blvd to Artesia Blvd
Artesia Blvd
Western Ave
Vermont Ave
Normandie Ave
Gardena Blvd
Gardena Blvd to Artesia Blvd
Artesia Blvd
Western Ave
Vermont Ave
Gardena Blvd
South of Artesia Blvd
Artesia Blvd
Western Ave
Vermont Ave
Normandie Ave
South of Artesia
Artesia Blvd
Western Ave
Vermont Ave
Normandie Ave
Attachment 3 – June 1, 2021 City Council and
Planning Commission meeting on Inventory and
Noninventory Sites
JUNE 1, 2021
City Council &
Planning Commission Meeting
CITY OF GARDENA HOUSING ELEMENT 2021-2029
SITES INVENTORY
Inventory Sites Maps
El Segundo Blvd to Rosecrans Ave
El Segundo Blvd
Western Ave
Vermont Ave
Crenshaw Blvd
Van Ness Ave
Normandie Ave
Rosecrans Ave
El Segundo Blvd to Rosecrans Ave
El Segundo Blvd
Western Ave
Vermont Ave
Crenshaw Blvd
Van Ness Ave
Normandie Ave
Rosecrans Ave
CC
PC
CC
PC
CC
Staff
PC PCCC
Rosecrans Ave to Redondo Beach Blvd
Rosecrans Ave
Western Ave
Vermont Ave
Crenshaw Blvd
Van Ness Ave
Normandie Ave
Rosecrans Ave to Redondo Beach Blvd
Rosecrans Ave
Western Ave
Vermont Ave
Crenshaw Blvd
Van Ness Ave
Normandie Ave
Marine Ave
CC
PC
Staff
Staff
Redondo Beach Blvd to Gardena Blvd
Western Ave
Vermont Ave
Normandie Ave
Redondo Beach Blvd to Gardena Blvd
Western Ave
Vermont Ave
Normandie Ave
Staff
Staff
Gardena Blvd to Artesia Blvd
Artesia Blvd
Western Ave
Vermont Ave
Gardena Blvd
Gardena Blvd to Artesia Blvd
Artesia Blvd
Western Ave
Vermont Ave
Gardena Blvd
Staff
PC Staff
South of Artesia
Artesia Blvd
Western Ave
Vermont Ave
Normandie Ave
South of Artesia
Artesia Blvd
Western Ave
Vermont Ave
Normandie Ave
Staff
Attachment 4 – January 26, 2022 City Council
meeting on Inventory and Noninventory Sites
January 26, 2022
Special City Council Meeting
CITY OF GARDENA HOUSING ELEMENT 2021-2029
El Segundo Blvd to Rosecrans Ave
Rosecrans Ave to Redondo Beach Blvd
Redondo Beach Blvd to Gardena Blvd
Gardena Blvd to Artesia Blvd
South of Artesia
Attachment 5 – July 26, 2022 City Council
meeting on Inventory and Noninventory Sites
July 26, 2022
City Council Meeting
GARDENA HOUSING ELEMENT 2021-2029
Rosecrans Ave to Redondo Beach Blvd
Redondo Beach Blvd to Gardena Blvd
Gardena Blvd to Artesia Blvd
South of Artesia
Attachment 6 – Land Use Changes in 2023 for
Inventory Sites
110
S Normandie Ave
S Western Ave
W 146th St
W 163rd St
S Vermont Ave
W 166th St
W 161st St
W Redondo Beach BlvdVan Ness Ave
S Harvard Blvd
W 135th St
W 130th St
W 164th St
S Budlong Ave
W 170th St
Gramercy Pl
Berendo Ave
W 157th St
W 158th St
W el Segundo Blvd
Denker Ave
W 134th St
Magnolia Ave
S Saint Andrews Pl
W 154th St
Halldale Ave
S Vermont Ave
W 144th St
Manhattan Beach Blvd
W 132nd St
Berendo Ave
Arcturus
Ave
155th St
Wilton Pl
S Budlong Ave
Cimarron Ave
Crenshaw Blvd
S New Hampshire Ave
W 159th St
W 139th St
Denker Ave
W Gardena Blvd
Manhattan
Pl
Raymond Ave
132nd St
W 134th Pl
Spinning Ave
W 156th St
W 155th St
W 137th St
W 178th St
W 153rd St
148th St
Parron Ave
W 149th St
CatalinaAve
Wadkins Ave
Marine Ave
145th St
W 177th St
Wilton Pl
W Artesia Blvd
W 180th St
S Western Ave
Ruthelen
Ave
W Cassidy St
Ardath Ave
129th St
Dublin Ave
W 152nd St
Brighton Ave
Berendo
Ave
Dalton Ave
Casimir Ave
W146th Pl
Atkinson Ave
Halldale Ave
W 173rd St
141st Pl
Roxton Ave
W 154th Pl
Brighton Ave
la Salle Ave
W 145th St
W 162nd St
171st St
Arcturus AveSpinning Ave
Alma Ave
Casimir Ave
W 179th St
S
Park
Ln
Ardath Ave
Haas Ave
W 169th St
Amethyst
Cir
S Saint Andres Pl
U n i n c o r p o r a t e d
T o r r a n c e
L o s A n g e l e s
H a w t h o r n e
U n i n c o r p o r a t e d
U n i n c o r p o r a t e d
S Vermont Ave
W el Segundo Blvd
S Vermont Ave
Crenshaw Blvd
0 1,000500
Feet
_
October 19, 2023
General Plan Land Use
Designation
Very High Density Residential
General Commercial
Neighborhood Commercial
Industrial
Mixed Use
Legend
Gardena City Boundary
Other Incorporated Areas
Figure 3-6. Land Use Changes (February 2023) Proposed for Readoption General Plan Overlay
Medium Density 20 Overlay
High Density 30 Overlay
High Density 50 Overlay
Very High Density 70 Overlay
Attachment 7 – Zoning Changes in 2023 for
Inventory Sites
U n i n c o r p o r a t e d
T o r r a n c e
L o s A n g e l e s
H a w t h o r n e
U n i n c o r p o r a t e d
U n i n c o r p o r a t e d
110
S Normandie Ave
S Western Ave
W 146th St
W 163rd St
S Vermont Ave
W 166th St
W 161st St
W Redondo Beach BlvdVan Ness Ave
S Harvard Blvd
W 135th St
W 130th St
W 164th St
S Budlong Ave
W 170th St
Gramercy Pl
Berendo Ave
W 157th St
W 158th St
W el Segundo Blvd
Denker Ave
W 134th St
Magnolia Ave
S Saint Andrews Pl
W 154th St
Halldale Ave
S Vermont Ave
W 144th St
Manhattan Beach Blvd
W 132nd St
Berendo Ave
Arcturus
Ave
155th St
Wilton Pl
S Budlong Ave
Cimarron Ave
Crenshaw Blvd
S New Hampshire Ave
W 159th St
W 139th St
Denker Ave
W Gardena Blvd
Manhattan
Pl
Raymond Ave
132nd St
W 134th Pl
Spinning Ave
W 156th St
W 155th St
W 137th St
W 178th St
W 153rd St
148th St
Parron Ave
W 149th St
CatalinaAve
Wadkins Ave
Marine Ave
145th St
W 177th St
Wilton Pl
W Artesia Blvd
W 180th St
S Western Ave
Ruthelen
Ave
W Cassidy St
Ardath Ave
129th St
Dublin Ave
W 152nd St
Brighton Ave
Berendo
Ave
Dalton Ave
Casimir Ave
W146th Pl
Atkinson Ave
Halldale Ave
W 173rd St
141st Pl
Roxton Ave
W 154th Pl
Brighton Ave
la Salle Ave
W 145th St
W 162nd St
171st St
Arcturus AveSpinning Ave
Alma Ave
Casimir Ave
W 179th St
S
Park
Ln
Ardath Ave
Haas Ave
W 169th St
Amethyst
Cir
S Saint Andres Pl
S Vermont Ave
W el Segundo Blvd
S Vermont Ave
Crenshaw Blvd
0 1,000500
Feet
_
October 19, 2023
Zoning Designations
C2
C3
HB
M1
M2
R-6
Zoning Overlay
HO-3 Medium Density Overlay
HO-4 High Density Overlay 30
HO-5 High Density Overlay 50
HO-6 Very High Density Overlay 70
Legend
Gardena City Boundary
Other Incorporated Areas
Figure 3-10. Zoning Changes (February 2023) Proposed for Readoption Attachment 8 – Additional Land Use Changes
for Non-Inventory Sites
110
S Normandie Ave
S Western Ave
W 146th St
W 163rd St
S Vermont Ave
W 166th St
W 161st St
W Redondo Beach BlvdVan Ness Ave
S Harvard Blvd
W 135th St
W 130th St
W 164th St
S Budlong Ave
W 170th St
Gramercy Pl
Berendo Ave
W 157th St
W 158th St
W el Segundo Blvd
Denker Ave
W 134th St
Magnolia Ave
S Saint Andrews Pl
W 154th St
Halldale Ave
S Vermont Ave
W 144th St
Manhattan Beach Blvd
W 132nd St
Berendo Ave
Arcturus
Ave
155th St
Wilton Pl
S Budlong Ave
Cimarron Ave
Crenshaw Blvd
S New Hampshire Ave
W 159th St
W 139th St
Denker Ave
W Gardena Blvd
Manhattan
Pl
Raymond Ave
132nd St
W 134th Pl
Spinning Ave
W 156th St
W 155th St
W 137th St
W 178th St
W 153rd St
148th St
Parron Ave
W 149th St
CatalinaAve
Wadkins Ave
Marine Ave
145th St
W 177th St
Wilton Pl
W Artesia Blvd
W 180th St
S Western Ave
Ruthelen
Ave
W Cassidy St
Ardath Ave
129th St
Dublin Ave
W 152nd St
Brighton Ave
Berendo
Ave
Dalton Ave
Casimir Ave
W146th Pl
Atkinson Ave
Halldale Ave
W 173rd St
141st Pl
Roxton Ave
W 154th Pl
Brighton Ave
la Salle Ave
W 145th St
W 162nd St
171st St
Arcturus AveSpinning Ave
Alma Ave
Casimir Ave
W 179th St
S
Park
Ln
Ardath Ave
Haas Ave
W 169th St
Amethyst
Cir
S Saint Andres Pl
U n i n c o r p o r a t e d
T o r r a n c e
L o s A n g e l e s
H a w t h o r n e
U n i n c o r p o r a t e d
U n i n c o r p o r a t e d
S Vermont Ave
W el Segundo Blvd
S Vermont Ave
Crenshaw Blvd
0 1,000500
Feet
_
October 20, 2023
General Plan Land Use Designation
Low Density Residential
Medium Density
Residential
High Density Residential
General Commercial
Neighborhood
Commercial
Industrial
Mixed Use
Artesia Mixed Use
Public/Institutional
General Plan Overlay
Medium Density 20 Overlay
High Density 30 Overlay
High Density 50 Overlay
Very High Density 70 Overlay
Legend
Gardena City Boundary
Other Incorporated Areas
Figure 3-7. Additional Proposed Land Use Changes
Attachment 9 – Additional Zoning Changes for
Non-Inventory Sites
U n i n c o r p o r a t e d
T o r r a n c e
L o s A n g e l e s
H a w t h o r n e
U n i n c o r p o r a t e d
U n i n c o r p o r a t e d
110
S Normandie Ave
S Western Ave
W 146th St
W 163rd St
S Vermont Ave
W 166th St
W 161st St
W Redondo Beach BlvdVan Ness Ave
S Harvard Blvd
W 135th St
W 130th St
W 164th St
S Budlong Ave
W 170th St
Gramercy Pl
Berendo Ave
W 157th St
W 158th St
W el Segundo Blvd
Denker Ave
W 134th St
Magnolia Ave
S Saint Andrews Pl
W 154th St
Halldale Ave
S Vermont Ave
W 144th St
Manhattan Beach Blvd
W 132nd St
Berendo Ave
Arcturus
Ave
155th St
Wilton Pl
S Budlong Ave
Cimarron Ave
Crenshaw Blvd
S New Hampshire Ave
W 159th St
W 139th St
Denker Ave
W Gardena Blvd
Manhattan
Pl
Raymond Ave
132nd St
W 134th Pl
Spinning Ave
W 156th St
W 155th St
W 137th St
W 178th St
W 153rd St
148th St
Parron Ave
W 149th St
CatalinaAve
Wadkins Ave
Marine Ave
145th St
W 177th St
Wilton Pl
W Artesia Blvd
W 180th St
S Western Ave
Ruthelen
Ave
W Cassidy St
Ardath Ave
129th St
Dublin Ave
W 152nd St
Brighton Ave
Berendo
Ave
Dalton Ave
Casimir Ave
W146th Pl
Atkinson Ave
Halldale Ave
W 173rd St
141st Pl
Roxton Ave
W 154th Pl
Brighton Ave
la Salle Ave
W 145th St
W 162nd St
171st St
Arcturus AveSpinning Ave
Alma Ave
Casimir Ave
W 179th St
S
Park
Ln
Ardath Ave
Haas Ave
W 169th St
Amethyst
Cir
S Saint Andres Pl
S Vermont Ave
W el Segundo Blvd
S Vermont Ave
Crenshaw Blvd
0 1,000500
Feet
_
October 19, 2023
Zoning Designations
AMU
C2
C3
C4
CP
HB
M1
M2
O
R1
R2
R3
R4
Insite Specific Plan
Zoning Overlay
HO-3 Medium Density Overlay
HO-4 High Density Overlay 30
HO-5 High Density Overlay 50
HO-6 Very High Density Overlay 70
Mixed Use Overlay
Legend
Gardena City Boundary
Other Incorporated Areas
Figure 3-11. Additional Proposed Zoning Changes
Attachment 10 – Combined Land Use Changes
for Inventory and Non-Inventory Sites
U n i n c o r p o r a t e d
T o r r a n c e
L o s A n g e l e s
H a w t h o r n e
U n i n c o r p o r a t e d
U n i n c o r p o r a t e d
110
S Normandie Ave
S Western Ave
W 146th St
W 163rd St
S Vermont Ave
W 166th St
W 161st St
W Redondo Beach BlvdVan Ness Ave
S Harvard Blvd
W 135th St
W 130th St
W 164th St
S Budlong Ave
W 170th St
Gramercy Pl
Berendo Ave
W 157th St
W 158th St
W el Segundo Blvd
Denker Ave
W 134th St
Magnolia Ave
S Saint Andrews Pl
W 154th St
Halldale Ave
S Vermont Ave
W 144th St
Manhattan Beach Blvd
W 132nd St
Berendo Ave
Arcturus
Ave
155th St
Wilton Pl
S Budlong Ave
Cimarron Ave
Crenshaw Blvd
S New Hampshire Ave
W 159th St
W 139th St
Denker Ave
W Gardena Blvd
Manhattan
Pl
Raymond Ave
132nd St
W 134th Pl
Spinning Ave
W 156th St
W 155th St
W 137th St
W 178th St
W 153rd St
148th St
Parron Ave
W 149th St
CatalinaAve
Wadkins Ave
Marine Ave
145th St
W 177th St
Wilton Pl
W Artesia Blvd
W 180th St
S Western Ave
Ruthelen
Ave
W Cassidy St
Ardath Ave
129th St
Dublin Ave
W 152nd St
Brighton Ave
Berendo
Ave
Dalton Ave
Casimir Ave
W146th Pl
Atkinson Ave
Halldale Ave
W 173rd St
141st Pl
Roxton Ave
W 154th Pl
Brighton Ave
la Salle Ave
W 145th St
W 162nd St
171st St
Arcturus AveSpinning Ave
Alma Ave
Casimir Ave
W 179th St
S
Park
Ln
Ardath Ave
Haas Ave
W 169th St
Amethyst
Cir
S Saint Andres Pl
S Vermont Ave
W el Segundo Blvd
S Vermont Ave
Crenshaw Blvd
0 1,000500
Feet
_
October 20, 2023
General Plan Land Use Designation
Low Density Residential
Medium Density
Residential
High Density Residential
Very High Density
Residential
General Commercial
Neighborhood
Commercial
Industrial
Mixed Use
Artesia Mixed Use
Public/Institutional
General Plan Overlay
Medium Density 20 Overlay
High Density 30 Overlay
High Density 50 Overlay
Very High Density 70 Overlay
Legend
Gardena City Boundary
Other Incorporated Areas
Figure 3-8. Combined General Plan Land Use Policy Map Amendments (Readoption and Adoption)
Attachment 11 – Combined Zoning Changes for
Inventory and Non-Inventory Sites
U n i n c o r p o r a t e d
T o r r a n c e
L o s A n g e l e s
H a w t h o r n e
U n i n c o r p o r a t e d
U n i n c o r p o r a t e d
110
S Normandie Ave
S Western Ave
W 146th St
W 163rd St
S Vermont Ave
W 166th St
W 161st St
W Redondo Beach BlvdVan Ness Ave
S Harvard Blvd
W 135th St
W 130th St
W 164th St
S Budlong Ave
W 170th St
Gramercy Pl
Berendo Ave
W 157th St
W 158th St
W el Segundo Blvd
Denker Ave
W 134th St
Magnolia Ave
S Saint Andrews Pl
W 154th St
Halldale Ave
S Vermont Ave
W 144th St
Manhattan Beach Blvd
W 132nd St
Berendo Ave
Arcturus
Ave
155th St
Wilton Pl
S Budlong Ave
Cimarron Ave
Crenshaw Blvd
S New Hampshire Ave
W 159th St
W 139th St
Denker Ave
W Gardena Blvd
Manhattan
Pl
Raymond Ave
132nd St
W 134th Pl
Spinning Ave
W 156th St
W 155th St
W 137th St
W 178th St
W 153rd St
148th St
Parron Ave
W 149th St
CatalinaAve
Wadkins Ave
Marine Ave
145th St
W 177th St
Wilton Pl
W Artesia Blvd
W 180th St
S Western Ave
Ruthelen
Ave
W Cassidy St
Ardath Ave
129th St
Dublin Ave
W 152nd St
Brighton Ave
Berendo
Ave
Dalton Ave
Casimir Ave
W146th Pl
Atkinson Ave
Halldale Ave
W 173rd St
141st Pl
Roxton Ave
W 154th Pl
Brighton Ave
la Salle Ave
W 145th St
W 162nd St
171st St
Arcturus AveSpinning Ave
Alma Ave
Casimir Ave
W 179th St
S
Park
Ln
Ardath Ave
Haas Ave
W 169th St
Amethyst
Cir
S Saint Andres Pl
S Vermont Ave
W el Segundo Blvd
S Vermont Ave
Crenshaw Blvd
0 1,000500
Feet
_
October 19, 2023
Zoning Designations
AMU
C2
C3
C4
CP
HB
M1
M2
O
R1
R2
R3
R4
R6
Insite Specific Plan
Zoning Overlay
HO-3 Medium Density Overlay
HO-4 High Density Overlay 30
HO-5 High Density Overlay 50
HO-6 Very High Density Overlay 70
Mixed Use Overlay
Legend
Gardena City Boundary
Other Incorporated Areas
Figure 3-12. Combined Zoning Changes (Readoption and Adoption) Attachment 12 – Parking split zoned properties
Purche
Ave
W 141st Pl
W Rosecrans Ave
W Rosecrans Ave
14033
14029 1402914020
2416
1402914028
240425082512 24082412
14029
14028
14115
14032
2335
2333
2616
25252617
2621
2617
2155 2145
14306
2132
14104
2144
2161
2143
2153 2149
2139
2219
2314
2207 2203
2213
2222
2206
2508
2400
25042520 2420
14024
2516
14033
14025
14028
14028
14032
2501
14165
2420
2305
24052421
2308 2224
1434914353
14351
14345
14355
14347
14343
14341
14361
14373
14365
14375 14359
14381
14393
14399
14367
14379 1438314377
14397
14389
14395
14391
14321
14325
14323
14327
14335
14329
14337
24242422
14312
14314
14316
14315
14313
14311
Parking Split Zones - 1
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:2,283
Van
Ness
Ave
W 144th St
W 144th St
S
W
ilkie
Ave
W Rosecrans Ave
W Rosecrans Ave
2335 23332525
26172709 2701 26212705
2155
14306
14104
2161
2153
14420
14424
14414
14408
2162
14502
2800
14318
14332
14342
14338
2601
14326
2529 25132535 2517 2503 24072523 241324172509 2325 2315 2303
2219
2319
2314
2207
2203
2223
2539
2213
2549 2543
2309
2222
2206
2508
2400
14414 14421
14420 14427
14417
14419
14415
2210
14408
2202
14417
2402 2312
14416
14412
2410
14410
14416
14413
14417
14413
25102516
14416
2536
14412 14412
14417
14413
14411
2611
14416
2610
14322
2423
14417
2602
2501
2420
2220
230524052421
2302231814402 24162528 2502
2308 2224
1434914353
14351
14345
14355
14347
14343
14341
14361
14373
14365
14375 14359
14381
14393
14399
14367
14379
14383
14377
14397
14389
14395
14391
2403
14321
14325
14323
14327
14335
14329
14337
24242422
14312
14314
14316
14315
14313
14311
Parking Split Zones - 2
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:2,283
Van
Ness
Ave
G
ram
ercy
Pl
W 144th St
W 144th St
W 145th St
W Rosecrans Ave
W Rosecrans Ave
2155
2001
2114
2145
2001
14306
2132
14104
2045
2144 2122
2161
2143
2104
2153
2149 2025 20192123 2051 2011
2040
2139 2127
2030
2117 2107
14408
2094
2061 2041
2016
2034
2113 2103
14412
2123
2057 2045
2003
2113
2035 2031
20602102 20442116
2117 2103
204021122122 2106
14402
2107
20502056
2053 20492059
1945
2039 202720332043
194614404
1957
14450
1954
1946145002006201220482122 20582106 2038 20262032210221122116 20422054 20162022 14420
14424
14425
14414
14408
14503
14419
14415
2162 2152
2203
2206
14421
14427
14417
2202
2133
14418
2010
2014
2144
2017 2007
2305
20202024
200214502
2023 2013 2003
14381
14399
1946
2002
14321
14325
14331
14323
14327
2105
2103
2101
2099
2097
20952093
2091
20892087
2085
2083
2081
2079
2072
2070
2068
20662064 2060
2062
2058
2056
20522054
2049
2051
2053
2055
2057
2059 2061
2077
2075 2073
2071
2069
20672065
2063
Parking Split Zones - 3
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:2,283
Halldale
Ave
W 145th St
W Rosecrans Ave
W Rosecrans Ave
Kabana
Ln
S
Norm
andie
Ave
Starbucks
1525 14216
1401
1410314212
14411
1549
1560
14400
1529
15151557
1537 1511
1501
14407
1560
1525
1519
1541
1541
1536
1541
1541
1541 1533
14403
1541
1541
1541
1507
1541
1509
1507 1441
1421
1417
1453
14316
1449
1445
1444
1437 1429
1433
14415
1425
14403
14421
1448
14406
14427
14315
1413
14409
1408
1425
1442 1434 14503
1458
14281454
1406
1416
1410
1414
1554
153015401556
14507
1530
1530
15141558 15221546
1346
1353
1321
14112
1522
1510
1520 1518
14111
15351555
14501
1536
14315
1605
1605
14335
1605
1605
1600
1605
1605
1601
1611
14402
14432
14402
14402
14402
14402
14402
14432
14432
14432
1312
1454
1449
1425
14215
Parking Split Zones - 4.
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:2,283
G
ram
ercy
Pl
W 160th St
W 161st St
W 157th St
W 162nd St
Illinois
Ct
La
Salle
Ave
S
M
anhattan
Pl
S
Harvard
Blvd
S
Saint Andrew
s
Pl
W Redondo Beach Blvd
Gardena City
Hall Denker Ave
Elementary
School
Gardena
2051 2023
20152027 201920352043
2059
2055
2031
1905
1928
1920
1929 1915
1943
1912
1916 1908
15903
15911
16011
1931
1909
16117
16011
1925
1919
15907
16015
15912 15907
1919
16012
15920
15903
16008
16004
15819
16007
15904
15915
15875
1932
1924
15919
16007
15812
15919
15911
15875
1928
1922
1912
15807
15916
15908
15820
15805
15821
1580815809
15803
15915
16003
1942
1918
15820
15816
15817
15804
15815
1915
1907
15811
15819
1911
15824
15812
1903
15823
1910
1855
16112
1859 1851
1847
1911
1907
1847
1843
1854
1865
1857
1847
18501858
1861
1853
1890
1846
16117
16113
1906
1851
1855
1903
1859
16103
16023
1854
16017
19021910
15803
15823
16018
16010
18581906
15731
15803
16108
16100
15721
15718
16002
15926
1850
15906
15823
16112
1846
15727
1830
16108
15932
16220
16109
16011
16104
1823
1903
16012
16008
15903
16127
16135
16229
15837
16118
16008
15916
16232
15915
1821
16225
16119
16222 16219
1862
16225
16213
1850
16011
15912
18461856
1866
16218
16230
16226
16217
1926
16207
16221
16229
16211
16221
16202
16222
16230
1621716218
16226 16225
16231
1964
1922 1914
1916
16215
16227
16231
1904
15879
1842
16004
15909
1822
1827
1915
15827
1842
15901
15904
16003
16014
16025
15816
16017
1908
1818
1840
16016
15813
190716015
16104
15935
2015
2001
16019
1935
16016
1940
1939
1936
1950
15815
2102
15627
1850
1800
1957
1919
1875
1744
1738
1667
1659
16240
1734
1661
1716
1727
1719
1703
15733
15737
15736
16224
1655
1724 15732
16220
16216
1715
1620
1625
15729
1629
15800
15830
15926
15817
16102 16101
15907
16108
16119
16107
15820
16116
16113
15824
15821
15823
15911
15923
16019
16009
15813
15821
15930
16016
15817
15825
15934
1724
1735
1731
1712
1708
1743
16125
16012
1662
15917
16010
16016
15913
15915
16015
16005
16120
1666
15816
15820
15902
15824
1630
15930
16114
15824
16126
15816
15909
16020
16104
1656
15916
15900
15908
15820
15912
1629
15904
16008
16108
15828
15920
16000
16008
16000
16115
15916
16206
1731
15829
16129
1648
1704
16126
16130
15905
15828
15910
1637
15700
1590115902
16008
16004
20632169
Parking Split Zones - 5
Maxar, Esri Community Maps Contributors, City of Torrance, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, 6/13/2024
0 0.06 0.120.03 mi
0 0.1 0.20.05 km
1:4,567
Evelyn Ave
W 179th St
W 178th St
Parker
Ln
W 178th St
W 179th St
S
Norm
andie
Ave
1435
17817
14681480
1485 1465
17833
1500
1465
1465
14761482
1481
17826
17820
1465
1465
14651465
1496
1473
17832
1460
14651465
1465
1465
1440
1465
1465
1465
1490 1478
17910
1519
17907
17903
1487
1411
1513
1491
17853
1401
1446
1443 1419
1419
1419
1406
1457
1419
1419
1419
1419
1419
1439
1402
1419
1419
1419
1419
1419
1419 1419
1419
1440
1419
1419
142614321464 14201454 1450
1507
7361
7359
7357
7355
7353
7362
7358
7656
7352
7111
8530
8522
8520
8116
8112
9516
9508
9506
9502
9112
7759 7753
Parking Split Zones - 6
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:2,283
Attachment 13 – Residential split zoned
properties
W 139th St W 139th St
W
140th
St
S
Norm
andie
Ave
W 140th St
S
Raym
ondAve
13921
1335 13351335 13351334133413850
1320 1316 1312 1308
1346 1338
1317
1318
1324
1331
1350 1330 1321
1309 130113051317
13091313 1305
14004
14011
1360
1364
1360
13601360
1364
1364
1313
14000
13815
1364
1314
1360
1360
1364
1364
1364
1364
1301
1360
1360
1312
1310
1306
1306
1304
1302
1343
13411337
13351333
1331
1329
Residential Split Zoned Properties - 1
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,142
W 147th St
W 146th St
S
Norm
andie
Ave
1417 145211415
1408 1402
14711
14711
14711
1404
14609
14705
14721
14725
14711
14711
14613
1411
14711
14711
14711
1418
14616
1315
13081320
1331
14515
14608
14610 1330
1314
1327
14703
14712
1315
14700
13111319
1323
14724
14707
1312
1307
1316
1321 1309
14708
1327
1415
1326
14532
Residential Split Zoned Properties - 2
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,142
Halldale
Ave
S
Norm
andie
Ave
141214810
14933
14927
14907
14919
14915
14911
14903
14809
14815
14831
14908
14912
14828
14920
14840
14919
14919
14919
14919
14919
14919
14919
14919
14919
14929
14919
14919
14919
14919
1492914929
14919
14919
1491914919
14929
1491914919
14919
14919
14929
14919
14919
14919
14919
14929
14919
1491914919
14919
14929
14928
14928
14928 14928
14928
14928
14919
14919
1492914929
14928
1492814928
1492814928
14928
14928
14928
14928
14928
1492814928
14928
14928
14903 14903
1490314903 14903
1490314903
14903
14903
14903
14903
14903
1490314903
14903
14903
1490314903
14903
14903
14903
14903
14903
1490314903
14903
1490314903
1490314903
1490314903
14808
14828
14928
14920
14902
14912
14906
14924
14916
1420 14807
14815
14815
14815
1416
14815
14815
14815
14815
14815
1481514815
14815
14815
14815
1481514815
1481514815
14815
14815
1481514815
14815
14815
14815
14815
14824
Residential Split Zoned Properties - 3
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,142
Magnolia Ave
Magnolia Ave
1036 1036
1036
1034
1036
1036
1030
1036
1036
1026
1126 1104 1100
1107
1118 1110
1113
1120
1103
1119
1119
1119
1119
1119
11191119
1119
1119
1119
1119
1119
1119
1119
1119
1119 1119
1119
1119
1119
15610
15517
15609
15606
15513
15605
15518
15518
1035
15514
1029
15509
1041
1031
15611
15523
15529
15515
15705
15619
15621
15617
15513
15517
15631
15627
15629
15602
15625
15635
15623
15633
15601
Residential Split Zoned Properties - 4
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, 6/13/2024
0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,142
Attachment 14 – Email and conceptual plans
sent to Planning Commission for 15122
Crenshaw Blvd.
Attachment 15 – Rendering of conceptual
mixed-used development project for 15122
Crenshaw Blvd.
960 Atlantic AveA l a me d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m ELEVATIONPROJECT #:59316
15122 CRENSHAW BLVDGARDENA, CA
NTSSCALE:DATE:06/14/24
ASK-1
Attachment 16 – Letter sent for 1350 W 139th
Street.
Attachment 17 – City Attorney Conflict of
Interest Memo September 2022
MEMORANDUM
To: Honorable Mayor Cerda and City Council Members
Chairman Langley and Planning Commissioners
From: Carmen Vasquez, City Attorney
Lisa Kranitz, Assistant City Attorney
CC: Clint Osorio, City Manager
Mina Semenza, City Clerk
Greg Tsujiuchi, Community Development Director
Becky Romero, Deputy City Clerk
Amanda Acuna, Senior Planner
Kevin La, Planning Assistant
Date: September 20, 2022
Subject: Recusal Requirements for Upcoming Planning Items
Summary
Public officials must recuse themselves when that official has a disqualifying financial interest under the Political Reform Act (FPPC Regulation § 18707) , i.e., where it is reasonably foreseeable that the decision will have a material financial effect on a financial interest. Th is memo set s forth the recusal requirements when a Council Member or Planning Commissioner has a conflict of interest and focuses on real property interests of personal residences which are the most likely financial interests to be impacted. These rules will become important as the City continues to process the Land Use Plan update and zoning changes relating to implementation of the Housing Element and various land use approvals.
This is by no means meant to be a summary of all conflict of interest rules and public officials should seek advice if they have questions regarding other interests. Please remember that only written advice from the FPPC on a particular situation can provide immunity for a violation of the Act.
Contents of Disclosures
When an official person has a conflict of interest, the official must orally identify the type of financial interest which gives rise to the conflict and disclose the following: