South Gate City Council
February 25, 2025

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, February 25, 2025 at
6:30 p.m.

SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
VIEW MEETING LIVE ONLINE AT:

HTTPS://YOUTUBE.COM/@SOUTHGATECA90280
City Officials
MAYOR,
Maria Davila

CITY CLERK,
Yodit Glaze

VICE MAYOR,
Joshua Barron

CITY TREASURER,
Jose De La Paz

COUNCIL MEMBER,
Maria del Pilar Avalos

CITY MANAGER,
Rob Houston

COUNCIL MEMBER,
Gil Hurtado

CITY ATTORNEY,
Raul F. Salinas

COUNCIL MEMBER,
Al Rios

If you would like to participate in this meeting, you can participate via the following options:

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[email protected] no later than 4:00 p.m. on the day of the meeting. Please write "Public Comment" in the subject line.

3. ATTEND THE MEETING IN PERSON
*The disruption in service of any alternative method does not prelude the City Council or other legislative
body from taking further action and moving forward on the agenda.

Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, 1 closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.

Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.

Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.

Emails for public comment received prior to 12pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.

Call to Order/Roll Call With Invocation & Pledge

CALL TO ORDER:

Maria Davila, Mayor
INVOCATION:

Pastor Ernesto Trejo, South Gate Church of Christ
PLEDGE OF ALLEGIANCE:

ROLL CALL:

Yodit Glaze, City Clerk
Meeting Compensation Disclosure

Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $1,900 monthly regardless of the amount of meetings.

Public Hearings

1. RECOMMENDATION: CONTINUE TO COUNCIL MEETING OF MARCH 11, 2025.

Resolution approving the Substantial Amendments to Fiscal Years 2019-2020, 2020-2021, 2022-2023, 2023-2024, & 2024-2025 Annual Action Plans Following the conclusion of the Public Hearing, the City Council will consider: (CD) a. Adopting a Resolution approving Substantial Amendment No. 7 to the Fiscal Year 2019-2020 Annual Action Plan; Substantial Amendment No. 2 to the Fiscal Year 2020- 2021 Annual Action Plan; Substantial Amendment No. 4 to the Fiscal Year 2022-2023 2 Annual Action Plan; Substantial Amendment No. 1 to Fiscal Year 2023-2024 Annual Action Plan; and Substantial Amendment No. 1 to Fiscal Year 2024-2025 Annual Action Plan programming Community Development Block Grant (“CDBG”) funds to the Street Improvement Project and South Gate Park Improvement (Attachment A);

b. Authorizing the City Manager or the Community Development Director to initiate appropriate action necessary to implement projects and programs as noted in the FY 2024-2025 Annual Action Plan; and

c. Continue the Public Hearing to the regularly scheduled City Council meeting of March 11, 2025.

2. Consideration of an Ordinance to Amend a Zoning Code and an Appeal of the Approval of a Conditional Use Permit to Allow the Sales of Alcohol for On-site Consumption

Following the conclusion of the Public Hearing, it is recommended that the City Council:
(CD)

a. Determine that the proposed text amendment is exempt from further review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated there under (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”), because it consists of only minor text revisions and clarifications to existing zoning regulations and procedures related thereto, and will not have the effect of substantially changing regulatory standards or findings required. Therefore, in accordance with CEQA, the proposed text amendment is exempt from CEQA pursuant to Section 15061(b)(3) because the activity is governed by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. In this case, the proposed text amendment will not have a significant effect on the environment.

Furthermore, determine that in accordance with the California Environmental Quality Act (CEQA), the request for approval of a Conditional Use Permit (“CUP”) qualifies for a categorical exemption under CEQA Guidelines Section 15301, (Class 1) “Existing Facilities”, in that the project will not result in any alterations or expansion to the existing buildings within the project site.
b. Introduce an Ordinance, waive further reading and read by title only:

AN ORDINANCE AMENDING CHAPTER 11.21 (LAND USE TYPES) OF TITLE 11 (ZONING) OF THE SOUTH GATE MUNICIPAL CODE (SGMC), RELATING TO

RESTAURANTS AND ANCILLARY ALCOHOL SALES WITHIN ALL OPEN SPACE (OS) ZONING DISTRICTS IN THE CITY.
c. Uphold the action taken by the Planning Commission at its December 5, 2024, meeting, by adopting a Resolution attached hereto (Attachment A), approving a Conditional Use Permit (CUP 24-15) to allow the sales of alcohol (ABC License Type 41 - beer and wine) for on-site consumption in conjunction with an existing restaurant/café located within a soccer facility at 9599 Pinehurst Avenue (the “SoFive Soccer Complex”). 3 Documents:

Item 2 Report 02252025.pdf
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.

Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.

Reports And Comments From City Officials

During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.

Consent Calendar Items

Agenda Items
3, 4, 5, 6
and
7 are Consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.

Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.

3. Resolution authorizing the application for California Governor's Office of Emergency Services Grant Funds for the Emergency Operation Center Project, City Project No. 582-ARC
The City Council will consider: (PW)
a. Adopting a Resolution authorizing the application for the California Governor’s Office 4 Of Emergency Services, requesting $1,226,000 in grant funds, for the Emergency Operations Center, City Project No. 582-ARC; and

b. Authorizing the City Manager, or his designee, to execute, on behalf of the City, all documents required to submit the application and implement the grant.

Documents:

Item 3 Report 02252025.pdf

4. Agreement with Oscar’s Electric, Inc. for the Installation of Three Level 2 Electric Vehicle Charging
Stations at City Hall
The City Council will consider: (PW)
a. Approving an Agreement with Oscar’s Electric, Inc., for the installation of three Level 2 Electric Vehicle Charging Stations in the City Hall’s underground parking garage, in an amount not-to-exceed $25,843;

b. Appropriating $35,000 from the AQMD Fund Balance to fully fund the purchase and installation of the Level 2 Electric Vehicle Charging Stations; and

c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

Documents:

Item 4 Report 02252025.pdf

5. Notice of Completion of Construction of the Automatic Meter Reading ("AMR") Upgrade, Phase III,
City Project No. 649-WTR
The City Council will consider: (PW)
a. Accepting completion of the Automatic Meter Reading ("AMR") Upgrade, Phase III City Project No. 649-WTR by T.E. Roberts, Inc., effective February 25, 2025; and

b. Directing the City Clerk to file a Notice of Completion with Los Angeles County Registrar Recorder’s Office.

Documents:

Item 5 Report 02252025.pdf

6. Notice of Completion for the Long Beach Boulevard Street Improvements Project, City Project No. 515-ST, Federal Project Nos. ATPL-5257(033) and HSIPL- 5257(037)
The City Council will consider: (PW)
a. Accepting completion of construction, effective February 21, 2025, of the Long Beach Boulevard Street Improvements, City Project No. 515-ST, constructed by Sequel 5 Contractors, Inc.; and

b. Directing the City Clerk to file a Notice of Completion with the Los Angeles County Registrar Recorder’s Office.

Documents:

Item 6 Report 02252025.pdf

7. Minutes
The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 14, 2025; and

b. Approving the Special and Regular Meeting minutes of January 28, 2025.

Documents:

Item 7 Report 02252025.pdf
Reports, Recommendations And Requests

8. Warrant Register for February 25, 2025

The City Council will consider approving the Warrant Register for February 25, 2025. (ADMIN SVCS)

Total of Checks: $3,497,785.48 Less: Voids $ 0.00 Less: Employee Payroll Deductions
$ (441,351.63)
Grand Total: $3,056,433.85 Documents:

Item 8 Report 02252025.pdf
Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on February 20, 2025, at 4:25 p.m., as required by law.

Yodit Glaze
City Clerk

GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.

6 MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:

City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.

PUBLIC COMMENT/PARTICIPATION
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Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.

Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.

To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, email, mail. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.

STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.

SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
7 8
Office of the
South Gate City Clerk
City of South Gate
FEB 2 D 2025
t=a L E D 1, W. ,/\ CITY COUNCILAGE.NIDA IBI[LL Item No. 2
For the Regular meeting of February 25, 2025
ent: Community Development
City Manager:

Rob Houston
DepartmentHead:

SUBJECT: CONSIDERATION OF AN ORDINANCE TO AMEND CHAPTER 11.21 (LAND USE TYPES) OF TITLE II (ZONING) OF THE SOUTH GATE MUNICIPAL

CODE (SGMC), RELATING TO RESTAURANTS AND ANCILLARY ALCOHOL SALES WITHIN ALL OPEN SPACE (OS) ZONING DISTRICTS IN THE CITY; AND AN

APPEAL OF THE PLANNING COMMISSION'S DECISION RECOMMENDING

APPROVAL OF THE ABOVE-MENTIONED ORDINANCE AMENDMENT AND APPROVING OF A CONDITIONAL USE PERMIT (CUP 24-15) TO ALLOW THE SALES OF ALCOHOL (ABC LICENSE TYPE 41 - BEER AND WINE) FOR ON-SITE

CONSUMPTION IN CONJUNCTION WITH AN EXISTING RESTAURANT/CAFE LOCATED WITHIN A SOCCER FACILITY AT 9599 PINEHURST AYE. (THE "SOFIVE SOCCER COMPLEX"), AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES.

PURPOSE: To take testimony and review evidence at the public hearing, and determine whether to uphold or overturn the Planning Commission's decision regarding CUP 24-15; and whether to accept the Planning Commission's recommendation by resolving to adopt the proposed Ordinance; or take other such action as may be determined by the City Coiu'icil.

RECOMMENDED ACTION: Following the conclusion of the public hearing, it is recommended that the City Council:
a. Determine that the proposed text amendment is exempt from further review under the CaliforniaEnvironmental Quality Act (CaliforniaPublic Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated there under (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"), because it consists of only minor text revisions and clarifications to existing zoning regulations and procedures related thereto, and will not have the effect of substantially changing regulatory standards or findings required.

Therefore, in accordance with CEQA, the proposedtext amendment is exempt from CEQA pursuant to Section 15061(b)(3) because the activity is governed by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. In this case, the proposed text amendment will not have a significant effect on the environment.

Furthermore, determine that in accordance with the California Environmental Quality Act (CEQA), the request for approval of a CUP qualifies for a categorical exemption under CEQA Guidelines Section 15301, (Class 1) "Existing Facilities", in that the project will not result in any alterations or expansion to the existing buildings within the project site. 9 b. Introduce an Ordinance, waive further reading and read by title only:

AN ORDINANCE AMENDING CHAPTER 11.21 (LAND USE
TYPES) OF TITLE 11 (ZONING) OF THE SOUTH GATE
M{JNICIPAL CODE (SGMC), RELATING TO

RESTAURANTS AND ANCILLARY ALCOHOL SALES

WITHIN AI,L OPEN SPACE (OS) ZONING DISTRICTS IN
THE CITY.
c. Uphold the action taken by the Planning Coini'nission at its December 5, 2024, meeting, by adopting aResolution attached hereto (Attachment A), approving a Conditional Use Permit (CUP 24-15) to allow the sales of alcohol (ABC License Type 41 - beer and wine) for on- site consumption in conjunction with an existing restaurant/caf6 located within a soccer facility at 9599 Pinehurst Avenue (the "SoFive Soccer Complex").

FISCAL IMPACT: There will be no fiscal and/or resource impact on the city.

PUBLIC NOTIFICATION: Advertising and notification of the public hearing was conducted in compliance with Chapter 11.50.020, of the South Gate Municipal Code. Notice of the hearing was originally posted and published in the "South Gate Press" newspaper and was mailed to the surrounding properties on January 16 and 23, 2025.

ENVIRONMENTAL ANALYSIS: In accordance with the California Environmental Quality Act (CEQA), the proposed text amendment is exempt from further review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated there under (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"), because it consists of only minor text revisions and clarifications to existing zoning regulations and procedures related thereto, and will not have the effect of substantially changing regulatory standards or findings required. Therefore, in accordance with CEQA, the proposed text amendment is exempt from CEQA pursuant to Section 15061(b)(3) because the activity is governed by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. In this case, the proposed text amendment will not have a significant effect on the environment.

Furthermore, in accordance with the California Environmental Quality Act (CEQA), the approval of a CUP qualifies for a Categorical Exemption under CEQA Guidelines Section 15301, (Class 1) "Existing Facilities," inthat theproject will not result in any alterations or expansion to the existing buildings within the project site.

BACKGROUND: On December 5, 2024, during a special Planning Commission meeting, the Planning Coinrnission adopted Resolution No. 2024-07 (Attachment B) involving the following actions, by a vote of 3-2, respectively
* Recommendation to the City Council for approval of a Zoning Code Amendment to adopt an Ordinance (Attachment C), amending Chapter 11.21 (Land Use Types) of Title 11 (Zoning) of the SGMC, to allow restaurant uses and (ancillary) alcohol sales within the Open Space (OS) zoning district, subject to a Conditional Use Permit. '2/ 10
* Approval of a Conditional Use Pennit (CUP 24-15) to allow the sales of alcohol (ABC License Type 41 - beer and wine) for on-site consumption in conjunction with an existing restauraiit/caf6 located within a soccer facility at 9599 Pinehurst Avenue (the "SoFive Soccer Complex").

The Planning Coi'nu'nission Agenda Bill for these actions is attached as Attachment F.

Subsequently, on December 17, 2024, an appeal was filed against the Planning Coinrnission's action to adopt Resolution No. 2024-07.

On January 24, 2025, the applicant (for CUP 24-15), Michael Ayaz, requested a continuance to the February 25th City Council meeting in order to do additional coinmunity outreach.

Although the proposed Ordinance amendment could have been considered separately from the appeal (of CUP 24-15), the City Council decided to continue the hearing for the proposed Ordinance to the regular meeting of February 25, 2025, to have both items presented on the same day.

ANALYSIS:

Zoning Code Amendment
The City of South Gate Zoning Ordinance (Title 11 of the SGMC) outlines different zones, land use regulations, procedures for amendments, and other provisions. Chapter 11.21 includes a table (Table 11.21-5) that specifies the pernnitted uses in each zone. Currently, dine-in restaurants and alcohol sales are not allowed in the Open Space (OS) zone, which covers parks, recreation facilities, and open spaces throughout the city.

In accordance with the provisions of South Gate Municipal Code (SGMC) Section 1 1.50.050(B) (Amendment Initiation), the City Manager initiated the process to amend Table 11.21-5 of the City's Zoning Code to permit dine-in restaurants and alcohol sales as an ancillary use in the Open Space (OS) zone, subject to the approval of a CUP.

Table 11.21-5 of the City's Zoning Code is proposed to be amended by adding the highlighted italics language as shown below:

Table 11.21-5 Residential Neighborhood Zone Allowed Land Uses Land Use Type (1)
Zones Additional Use
RegulationsNL i NM l MH l CV i OS
Residential Uses
Accessory Structures P P P P P Chapter 11.43
Child Day Care Facility, Small Family Home P P P x x _11.40.050 Child Day Care Facility, Large Family Home P P P x x sl.40.050 Cottage Food Operation P P P x x Chapter ___11.60
Duplex/Two-Family Residential P P P x x
Greenliouse P P x x CUP
Live/Work Unit P P x x x Cliapter 11.23 ; 11.33.0
_so, _11.40.090
11 Land Use Type (1)
Zones Additional Use
RegulationsNL NM MH CV OS
Mobile Home/Mobile Hoine Park (A-P) P P P x x !
Multifamily Residential (A-P) x P x x x 11.25.070, 11.25.080, !
Personal Propeity Sales T T T T x ___2.10.610
Residential Care Facilities, Small P P x x x
Residential Care Facilities, Large x P x x x
Single-Family Residential P P x x x
Single-Room-Occupancy Apaitments (A-P) x P x x x and consistent with tl'ie
liousing element
Second Dwelling Unit (A-P) P x x x x Cliapter 11.43 Senior/Age-Restricted Dwelling (A-P) P P P x x
Supportive Horising* P P P x x
Transitional Housiiig* P P P x x
Recreation, Education, Public Assembly Uses
College, Nontraditional Campus x x x P x
College, Traditional Campus x x x CUP x
Community Assembly (A-P) x x CUP CUP x il.40.060
Library/Gallery/Museum (A-P) x x x P x
School P P x P x
Parks/Plazas/Open Space Uses
Outdoor Ampl'iitheater (A-P) x x x P P
Parks/Recreation Facility, Limited P P P P P
Parks/Recreation Facility, Full x x x P P
Public Garden P P P P P
Civic/Institutional Uses
Adult Day Care Center, General x x x CUP x
Adult Day Care Center, Limited P P P CUP x
Child Day Care Facility, Day Care Center, Standalone Facility CUP CUP x CUP x _11.40.050 Hospital (D) x x x CUP x
Institutions (D) x x x CUP x
Public/Utility/Energy Uses
Coini'nunicatioi'is Equipment CUP CUP CUP CUP CUP
Fire/Police Station/Substation CUP CUP CUP P x
Parking Facility x CUP x P P Public or cominercial
Public/Govei'nment Building x x x P x
Power Distribution Substation CUP CUP CUP x x
Public Utility, Shucture or Yard x x x CUP CUP
Renewable Energy System, Building Mounted (A-P) P P P P P p Renewable Energy System, Standalone Ground Mounted (D) CUP CUP CUP CUP CUP ! 12 Land Use Type (l)
Zones Additional Use
RegulationsNL NM MH CV OS
Transit Station/Stop P P P P P
Utility Metering/Distribution x x CUP CUP CUP
Commercial Uses
Open Field Growing P P x x CUP
Personal Services, Fitness/Healtli Facility x x x P x Stables, Equestrian, Commercial/Private (1) x CUP x x x _11.25.060 Marijuana (Commercial Cannabis
Activity)/Deliveries/Manufacturing/Cultivation/Possession/Proces siiig/Storing/Laboratoi'y Testing/Labeling/Distribution/Sale of Cannabis and Marijuana Products/Commercial and Personal Outdoor Cultivation (2)
x x x x x Cl'iapter 7.80
a a a a
H<eflfafikaut,flute-ltt(AJ m am as D a;mi
!l a x a
Wal[i?l{+Sares* as Part of a HestagtvantJA N I m m 77/j W 1.42,OAHA)&(Ha Recycling Facilities
Mobile Recycling Unit x x x CUP CUP n
Recycling/Collections Facilities, Small x x x CUP x _11.44.080 Notes: All land use types are subject to the applicable frontage type requirements and all other development, design, and operational standards of the applicable zone.

See Table 11.20-1 for zone abbreviations.
8ee Table 11.21-2 for the abbreviations for the general land use permit types and processes.

Administrative plan review required; see Section , Administrative permits and approvals.

Discretionary plan review required; see Section 11.51.080, Discretionary permits and approvals.

See Section 11.25.060 for use zone limitations for this use.

Indoor cultivation for a be a
* Housing meeting this definition shall be permitted, conditionally permitted, or not perinitted, per the regulation of other residential dwellings of the same type in the same zone. All standards and regulations of this title governing the regulation of other residential dwellings of the same type and in the same zone shall apply.

Appeal filed against the Planning Commission's Decision On December 17, 2024, an appeal was filed by Caroline Maravilla ("Appellant") against the Planning Commission's action to adopt Resolution No. 2024-07, consisting of a recommendation for approval of the Zoning Code Aa'nendment, approving CUP 24-15, and finding that the project is categorically exempt under Section 15301 of the CEQA Guidelines. s 13
The appeal letter (Attachment D) specifically asserts the following:
* The approval conflicts with the General Plan goals. * Incompatibility with Open Space Zoning.
* Potential adverse effects on surrounding propeities. * Failure to adequately address safety and public health risks. * Insufficient evidence supporting economic or social benefits. * Failure to preserve recreational intent.
* Limited precedent for similar use in OS zones.
* Contradictions with CEQA exemption justification. * Insufficient scrutiny and public engagement.

The approval of the CUP (No. 24-15) will become valid only if both, the City Council upholds the Planning Commission's action and exemption finding, and if the proposed Ordinance is adopted.

If the City Council decides to overtum the Planning Commission's action, a Resolution (Attachment E) will need to be adopted accordingly.

ATT ACHMENTS:

A. Draft Resolution upholding the Plaru'iing Commission action B. Planning Commission Resolution No. 2024-07
C. Proposed Draft Ordinance
D. Appellant's Appeal Letter dated December 17, 2024 E. Draft Resolution overturning the Planning Cornrnission action and denying the request for a Conditional Use Pennit (CUP 24-15)
F. Planning Corni'nission Agenda Bill, December 5, 2024 14 Attachment A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT (CUP 24-15) TO ALLOW THE SALES OF ALCOHOL (ABC LICENSE TYPE 41 - BEER

AND WINE) FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH

AN EXISTING RESTAURANT/CAFE LOCATED WITHIN A SOCCER FACILITY AT 9599 PINEHURST AVENUE (THE "SOFIVE SOCCER COMPLEX") AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES.

WHEREAS, the City of South Gate is committed to fostering vibrant, diverse, and sustainable coiui'nunity spaces that encourage economic development and enhance the quality of life for residents and visitors alike; and
WHEREAS, the Open Space (OS) zoning district is designated for areas that are primarily dedicated to parks, recreational facilities, and natural areas, with the intent to preserve open land and provide public recreational oppoitunities; and WHEREAS, the addition of dine-in restaurants with ancillary alcohol sales in select Open Space areas can provide greater amenities for visitors, encourage longer visits, and create a welcoming atmosphere for families, tourists, and local residents to enjoy public spaces; and WHEREAS, the City is committed to ensuring that any restaurant with ancillary alcohol use within the Open Space zone will be subject to appropriate regulations to ensure compatibility with the surrounding environment, preserve public health and safety, and minimize any negative impacts on the natural landscape or nearby residents; and WHEREAS, the City Manager initiated an Ordinance amendment to allow dine-in restaurants with ancillary alcohol sales within the Open Space (OS) zoning district; and WHEREAS, F. Michael Ayaz, Esq., on behalf of Goals Soccer Centers, Inc. DBA Sofive Soccer Centers South Gate ("Applicant"), filed a complete application requesting the approval of a Conditional Use Permit (CUP 24-15) described herein ("Application"); and WHEREAS, the Application pertains to an approximately 8,450 square-foot facility within South Gate Park property having Los Angeles County Assessor's Parcel Number 6222- 023-900, more commonly known as 9599 Pinehurst Avenue, South Gate, California ("Property"); 1 15
WHEREAS, tlie Applicant requests approval of a Conditional Use Permit (CUP) to allow the sales of alcohol (ABC License Type 41- beer and wine) for on-site consumption in conjunction with an existing restaurant/caf6; and
WHEREAS, Pursuant to South Gate Municipal Code, Chapter 11.52.030, before a CUP may be granted, the Plai'ining Com+nission (or tlie city council on appeal) shall make all of the following findings, as applicable to the property:
(a) Approval of the CUP is consistent with and will not adversely affect the intent and purpose of this title or the city's General Plan. (b) The design and development of the land use and conditions of the CUP are compatible with the existing and future land uses of the applicable zone. (c) Approval of the CUP would not result in detrimental impacts to adjacent properties or to the character or function of the neighborhood.

WHEREAS, The Planning Commission conducted a duly-noticed public hearing to consider the matter on December 5, 2024, and after considering a presentation by the Community Development Department and listening to public corni'nents, the Planning Corninission adopted Resolution No. 2024-07 to approve Conditional Use Permit No. 24-15 (CUP 24-15) contingent upon City Council's adoption of a proposed Ordinance; and WHEREAS, on December 17, 2024, an appeal was filed by Caroline Maravilla ("Appellant") against the Planning Commission's adoption of Resolution No. 2024-07 and approval of CUP 24-15 with a finding the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, on February 11 and 25, 2025, this City Council conducted a duly-noticed public hearing to consider the matter, at which this Council considered information presented by the Community Development Department, Applicant and Appellant, and listened to public comments about the issue. Notice of the hearing was originally posted and published in the "South Gate Press" newspaper and was mailed to surrounding properties on January 16 and 23, 2025.

WHEREAS, the City Council reviewed the project's environmental impacts under the California Environinental Quality Act (Califomia Public Resources Code Section 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations Section 15000, et seq., the "CEQA Guidelines") and finds the project to be exempt under a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations);

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals are tnue and correct and incorporated herein by this reference.
2 16
SECTION 2. After considering tlie information and cominents presented at the February 25, 2025, City Council hearing on this matter, this City Council hereby resolves to uphold the action taken by the Plaru'iing Comtnission on December 5, 2024, to adopt Resolution No. 2024-07 approving CUP 24-15. All findings and categorical exemption detenninationmade by the Planning Coininission to approve CUP 24-15 are found to be valid and all conditions imposed shall remain in effect.

SECTION 3. The City Council does hereby declare that if any section, subsection, sentence, clause, pmase or portion of this Resolution or its application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted tl'iis Resolution, and each and every section, subsection, sentence, clause, phrase, or portion thereof not declared invalid or unconstitutional without regard to whether any portion of the Resolution would be declared invalid or unconstitutional.

SECTION 4. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED, and ADOPTED on this 25th day of February 2025.

CITY OF SOUTH GATE:

B7:

Maria Davila, Mayor
ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
"PRO"t'j!ff:

By:

Raul F. Salinas, City Attorney
3 17
Attachment B
RESOLUTION N0. 2024-07

A RESOLUTION OF THE CITY OF SOUTH GATE PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF A ZONING CODE A[VIENDMENT TO ADOPT AN ORDINANCE, AMENDmG CHAPTER 11.21 (LAND USE TYPES) OF TITLE II (ZONING) OF THE SOUTH GATE MUNICIPAL CODE (SGMC), RELATIN(' TO RESTA{JRANTS WITH ANC:ILLARY ALCOHOL SALES WiTHIN THE OPEN SPACE (OS) ZONING DISTRICT; AND A CONDITIONAL USE PERMIT (CUP) TO ALLOWTHE SALES OF AI,COHOL (ABC Ll(:l!:NSE IY'PE 41- BEER AND WINE) FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH AN EXISTING RESTATJRAJ'STT/CAJt LOCATED WITHIN A SOCCER FACILITY ("SOFIVE") AT 9599 PINEHURST AYE.

WHEREAS, the City of South Gate is coinmitted to fostering vibrant, diverse, and sustairiable community spaces that encourage economic development and enhance the quality of life for residents and visitors alike; and
WHEREAS, the Open Space (OS) zoning distict is designated for areas that are primarily dedicated to pgks, recreational facilities, and natural areas, with the intent to preserve open land and provide public recreational opportunities; and
WHERF,AS, the addition of dine-in restaurants with ancillary alcohol sales in select Open Space areas canprovide greater amenities forvisitors, encouragelonger visits, aixd create awelcoming atmosphere for fainilies, tourists, and local residents to enjoy public spaces; and WIE[EREAS, the City is committed to ensuringthat any restaurantwithancillaryalcohol use within the Open Space zone will be subject to appropiiateregulations to ensure compatibility with the surrounding envirorunent,preservepublichealthandsafety, andminimzeanynegativeimpactsonthenaturallandscape or nearby residents; and
WIniREAS, the City Managerinitiated an Ordinanceamendment to allow dine-in restaurants with ancillary alcohol sales within the Open Space (OS) zoning district; and WHEREAS, F. Michael Ayaz, Esq., on behalf of Goals Soccer Centers, Inc. DBA Sofive Soccer CentersSouthGate ("theApplicant"),filedacompleteapplicationrequestingtheapprovalofaConditional Use Permit (CUP 24-15) described herein ("Application"); and WHEIIAS, the Application pertains to an approximately 8,450 square-foot facility within South Gate Park property having Los Angeles County Assessor's Parcel Number 6222-023-900, more cotnmonly Icnown as 9599 Pinehurst Avenue, South Gate, California ("Property"); WHF,REAS, the Applicantrequests approval of a Conditional Use Permit (C{JP) to allow the sales of alcohol (ABC License Type 41 - beer and wine) for on-site consumption in conjunction with an existing restaurant/caf6. Ifthe City Council adopts the proposed Ordinance, restar'irants with ancillary alcohol sales will become permitted uses subject to the approval of a Conditional Use Permit. Therefore, the Applicant's request for approval of a CUP is contingent upon the adoption of the proposed Ordinance; and Plani'ffng Commission Resolution No. 2024-07
December 5, 2024

10 18
WHEREAS, Pursuant to South Gate Municipal Code, Chapter 11.52.030, before a CUP may be granted, the Planning Commission (or the city council on appeal) shall make all of the following findings, as applicalyle to the property:
(a) Approval of the C{JP is consistent witl'i and will not adversely affect the intent and purpose of this title or the city's General Plan.
(b) The design and development of the land use and conditions of the CUP are compatible with the existing and fiihire land uses ofthe applicable zone, (c) Approval of tlie CUP would not result in detrintental impacts to adjacent properties or to the character or function of the neighborhood.

WHEREAS, notice of thePlanning Cotnrnission specialpublic heaig ofDecember 5, 2024, was published in compliance with State law in a local newspaper of general circulation. In addition, a public notice was mailed 14 days in advance oftlxe hearing to each property owner, occupants and resident within a 1000-foot radius of the project site, itxdicating the date and titne of the public hearing in accordance with Califoia Governrnent Code 65091; and
WHEREAS, on December 5, 2024 the Planning Commission held a special public heaixg to receivepublic testimotxy and other evidei'ice regarding the Zoning Code Amendment and CUP Application, including without limitation, information provided to the Planning Commission by City staff and public testiinony; and
WHEREAS, this Resolution and its findings are inade based upon evidence presented to the Commissionat its publichearing including, without liniitation, the staffreport submitted bythe Community Development Department; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have been met.

NOW, TIIREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND DECI,ARE AS FOLLOWS:

SECTION 1. All of the facts set forth in the recitals are true and correct and are incorporated herein by reference.

SECTION2. Basedonsulistantialevidence,bothwrittenandoral,fromthepublichearing+thePlanning Cominission makes the following findings:

Zoning Code Amendment
A. The addition of dine-in restaurants with ancfilary alcohol sales in select Open Space areas can provide greater amenities for visitors, encourage longer visits, and create a welcoming atmosphere for familtes, tourtsts, and local residents to enjoy public spaces. The proposed ordinance would allow for responsible, small-scale, sit-down dintng and the ancillary sale of alcohol at specific locations within tlie Open Space zone, subject to approval of ii Conditional Use Permit (CUP) and compliance with all applicable local, state, and federal laws regurdtng alcohol service and consutnption.

Planning Commission Resolution No. 2024-07
December 5, 2024

19 B. The Planning Commission's act of recommending adoption of tlie proposed Ordinance is not subject to CEQA review because it is not an "approval" of the Zoning Code Amendment, as defined in CEQA Guidelines Sectioxi 15352, but is rather a recommendation of approval, and therefore does not commit tlie City to any definite couirse of aetton regarding the Zoning Code Amendment.

Conditional Use Permit
C, Approval of the CUP is consistent with and will not adversely affect tlie intent and purpose ofthis title or the city's General Plan in that the Cuy's GerteralPlan emphasizes promoting quality recreational opportunities, enhancing commurxity amenities, and sttpportingsustainable and balanced development. Allowing a dine-try restaurarxt/cafi with alcohol sales within the Sofive soccer complex supports these goags by providing a social and recreatiotxal venue that ezicourages longer visitatiori, comrntmity engagement, and opportunities for social gathering. The proposed use will not undermhne any goals related to open space preservation or public health, as it is specifically tied to an active recreational use (the soccer complex) and will be subject to appropriate controls under the CUP, trxcluding conditions regarding the sale arid corrsumption of alcohol. The proposed use aligrrs vvith the Gerieral Plan's policies for tmprovmg public amenities and enhancing the visitor experience in active recreational areas.

The Opety Space (OS) zozzingdistrict is intended to preserve and enhance opetx space areas for recreation, passive uses, and other public activities. The proposed use of a dine-iri restaurant with alcohol sales complements the recreatiorral and commtmity-orieMed nabure of the existing Sofive soccer comp(ex. As art existing, established sports complex, the proposed restaurant/cafi will provide a food and beverage option that enharices the overall experience for visitors to the site. The addition of alcohol sales (beer arid wine) in conjupxction viiith this existitxg use does not conflict with the primary intent of the OSzorxe, which encourages activities that foster public erajoyment and leisure. Furthermore, the re4uest to allow alcohol sales as part of the restaurant operation is designed to be a controlled, (ow-impact use that will not irxtedere with 07' negatively affect surrounding open space uses.

D. The design and development of the land use and conditions of the CTTP are compatible with the existing and future land uses of tlie applicable zone in that a restaurant/cafi with ancillary alcohol sa(es will be located within the existing Sofive soccer complex, which is an active recreationalj;acilUy thatserves the surrourtding community. This use is entirely comtstent with the current purpose of the Open Space (OS) zone, which is to provide space for recreational, communiffl-serving and puNic activities. The existing soccer complex is already a destination for social arid recreational activities, and the addition ofa restaurant vAth alcohol service is an enhancement that will directly support and complement these existing uses. The design of the restaurant arid its integratiorx with the soccer complex erisures that it is a low-impact, supportive use that does not conflict with the recreational furtctions of the property.

The Open Space (OS) zone is typically irttended to preserve areas for parlcs, recreational facilities, and other uses that promote public e'njoyment of outdoor spaces. The proposed restaurantlcafi and alcohol sales are consistent with this long-term vision, as they serve to enricl;i the visitor experierxce and provide an amerxiffl for users of the facility. The tntroducaon offood and beverage services, including alcohol, is compatible with the types Planning Commission Resolution No. 2024-07
December 5, 2024

ll,- 20
of recreational uses envisioned for the OS zoriing district. As such, the proposeddevelopmergt aligizs with the City's goa/ of providing diwrse and engaging, recreational experiertces, and it will riot hinder the future uses or long-term developmeM of the zone.

The locatiorr of the restaurant/caf6. within the 8ofive soccer complex will be senstave to theopen space eriviromnerxt. No site improvements or changes to the physical character of thecomplex are proposed, arid the existing landscaping, parlcing, and recreational areas will remairt trttact. This ensures that the open space and recreational qualities of the site are preservedwhileprovidirxgacomplemerrtaryserviceto thoseusingthecomplex. Theproject does not alter the fundamental purpose or aesthetic of the OS zorxing district but instead enhartces it by providing a socia/ space for visitors.

E. Approval of the CUP would not result in detrimental itnpacts to adjacent properties or to the cliaracter or function of tlie neighborliood in that the proposed use is located withirx the estab(ished Sofive soccer complex, which already serves as a communuy- oriented recreational facility. This facuky is designed to accommodate high levels ofactivity and visitor traffic, tncluding sports everxts, socia7 gatherings, and commvm'dy functiom. The additiot'i of a restaurantlcafiE with alcolwl sales wil[ not sign'ificantly alterthe nature of the existing use, but rather will enharrce the visitor experience itx a way thatis consistentwith the recreational atmosphere. As the propeMy is already a httb ofactivity, the proposed land use is compatible with the existingcharacter andfunction ofthe site andwill not intmduce any uses that are out of character with the surrounding recreatiorial envxronmem.

The recommended conditioru of approval will emure that the sale arid comumption ofalcohol is done responsibly and does not negatively impact the surrotmding regidential, school, and church uses. These conditiorts include limits orb the hours of alcoholservice to align with family-friertdly and community-oriented activities at the soccer complex, and tomirtimize conflicts with adjacentsensitive uses. Speaftcally, the resttgurantwill be required to cease alcohol sales at least orxe hour prior to dosing, etzsurirgg that alcohol-related activity does not extend beyond the business hours. These conditiom are desigrted to minimize arty potential for noise, loiteriryg, or disruptive behavior. Another condition ofapproval will prohibit the comumptiori qf alcohol 072 the soccer fields or adjacent areas, This restriction ensures that alcohol consumptiorx is confined to the desig'nated restaurant/cafi area and willnotsptllover into the recreationalfields orsurroundtng open space. By limiting alcohol consumption to a controlled and supervised environment, the CUP emures that the primary use of the fields j'or sports arid family-friendly activities remaimunaffected. Thismitigatesanyconcernsregardingdisruptivebehaviororalcohol- related issues on the fields, wJiich could be detrimental to the sa%, erxjoyment, and furiction qfthe recreational facility.

SECTION 3. 'I'he Planning Co.tssion reviewed the project's environmental impacts under the CaliforniaEnvironmental Quality Act (Califoinia Public Resources Code Section 21000, et seq., "CEQA") and tl'ie regulatioiis promulgated thereunder (14 California Code of Regulations Sectionl5000, et seq., the "CEQA Guidelines") and finds the project to be exempt under a Class 1 Categorical Exemption pursuant to section 15301 (Existing Facilities) of the CEQA Guidelines (Title 14, Chapter 3 of the Califotia Code of Regulations); and
Plani'ffing Commission Resolution No. 2024-07
December 5, 2024

21 SECTION 4. The Planning Commission hereby recoinmends City Council approval of a Zoning Code Aurendtnent to adopt the proposed Ordinance (Exhibit "A"), amending Chapter 11.21 (LandUse Types) of Title 11 (Zoning) of the SGMC, relating to restaurants and ancillary alcohol sales within the Open Space (OS) zoning district; and approves Conditional Use Peimit (C{JP 24-15) contingent upon City Council'B adoption of the proposed Ordinance, and subject to the execution and fulfillment ofConditions of Approval set forth in Exhibit "B" attached to this Resolution.

This recominendationwas adopted bythe following vote at the Plaru'iing Comrnissionmeeting of December 5, 2024.

AYES: Perez, Prieto, Laboii
NOES: Ozaeta, l'uiz
Approved and ADOPTED this 5"' of December 2024,
J F. Signo,
P Manag
APP
C lag Cornrnission
Planning Commission Resolution No. 2024-07
Decemlyer 5, 2024

22 Exhibit "A"
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SOUTH GATE, CALIFORNIA, AMENDING
CHAPTER 11.21 (LAND USE TYPES) OF TITLE 11
(ZONING) OF THE SOUTH GATE MUNICIPAL CODE
(SGMC), RELATING TO ALLOWING DINE-IN

REST AURANTS AND ANCILLARY ALCOHOL SALES
WITHIN THE OPEN SPACE (OS) ZONE.

WHEREAS, tl'ie City of South Gate is cominitted to fostering vibrant, diverse, and sustainable community spaces that encourage economic development and enhance the quality of life for residents and visitors alike; and
WHEREAS, the Open Space (OS) zoning dishict is designated for areas that are primarily dedicated to parks, recreational facilities, and natural areas, with the intent to preserve open land and provide public recreational opportunities; and
WHEREAS, the Cityrecognizes that integrating compatible, complementaryuses sucli as dining andrestar'irant services within certain Open Space areas can enhance the public's experience of parks and open spaces, while suppoiting local businesses and promoting economic development; and
WHEREAS, the addition of dine-in restaurants and alcohol sales in select Open Space areas cai'i provide greater amenities for visitors, encourage longer visits, and create a welcoming atmosphere for families, tourists, and local residents to enjoypublic spaces; and WHY,RF,AS, the preseitce of restaurants and alcohol sales in designated Open Space areas will create opportunities for local businesses to tbrive, attracting new customers, and boosting the local economy; and
WHEREAS, the City is committed to ensuring that any restaurant and alcohol use within the Operi Space zone will be s'i'ibject to appropriate regulations to ensure compatibility with the surrounding envirotn'nent, preserve public health and safety, and minimize any negative impacts on the natural landscape or nearby residents; and
WHEREAS, the proposed ordinance would allow for responsible, small-scale, sit-down dining and tl'ie saleof alcohol at specific locations within the Open Space zone, subject to approval of a Conditional Use Permit (CUP) and compliance with all applicable local, state, and federal laws regarding alcohol service and consumption; and 23 Exhibit "A"
WHF,REAS, the City Council believes that approving dine-in restaurant uses with alcohol sales within the Open Space zone aligns with the City's broader goals of promoting recreation, comtmuiity engagement, and sustainable economic development, while also preserving tlie intent of the Open Space zoning designation;
WHF,RF,AS, the City's Zoiaiing Code, togetherwiththe City's General Plaix, Specific Plans and Zoning Map, divide the City into vaiio'i'is geographical use zones; and WHEREAS, landusepermissiontables in Sectionll.21.030 ofthe Zoning Code establish the uses to which land in each zone may be put; and WHEREAS, Table 11.21-5 sl:+ecifies uses allowed in the OS zone; and WHEREAS, under this table, dine-in restaurants and alcohol sales currently are not listed as permitted uses in the OS zone; and
WHEREAS, the City Corincil has determined it to be in the best interest of the City to include "dine-in restaurants" and "alcohol sales" as allowed land use types within Table 11.21-5 (Residential Neighborhood Zone Allowed Land Uses) subject to the apptoval of a CUP,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SF,CTION 1. Table 11.21-5 of the City's Zoning Code is hereby amended to permit dine- inrestaurants and aIcohol sales as an accessoiyuse in the Open Space (OS) zoning district, subject to the approval of a CUP and in accordance with applicable regulations by adding the highIighted italics lai'iguage as shown below:

Talile 11.21-5 Residential Neighborhood Zone Allowed Land Uses Latid Use Type (l)
Zones Additional Use
RegulationsNL I NM I MH I CV I OS
Residential Uses
Accessoiy Sti'uctures P P P P P Chapter lj_
Clii]d Day Care Facility, Small Family Home l) P P x x i Cltild Day Care Facility, Large Fatnily Hoi'ne P P P x x 4 Cottage Food Operation P P P x x Chapter '
Dtiplex/Two4:amily Residei'itial P P P x x
Greenliouse P P x x CUP
Live/Work Unit P P x x x Chapter _;
__80, u
Mobile }ioirie/Mobile Home Pi'irk (A-P) P P P x x L! Multifainily Residential (A-P) x P x x x , 11.25.080, I 7
24 Exhibit "A"
Land Use Type (1)
Zones Additional Use
RegulationsNL NM MH CV OS
Personal Propeity Sales T T T T x §
Residential Care Facilities, Small P P x x x
Residential Care Facilities, Large x P x x x
Single-Fai'nily Residential P P x x x
Single-Roon'i-Occupancy Aparhnents (A-P) x P x x x and consistent witl'i the
hotising elei'nei'it
Secoiid Dwelliitg Unit (A-P) P x x x x Chapter l_
Senior/Age-Restricted Dwelling (A-P) P P P x x
Supporlive Housing* P P P x x
Transitional Housing" P P P l- x
Recreatioxi, Education, Public Assenil+ly Uses
College, Nontraditional Campus x x x P x
College, Traditional Campus x x X CUP x
Coinrminity Asseinbly (A-P) x x CUP CtJP x %
Library/Gallery/Museum (A-P) x x x P x
School ip
I
P x P x
Parks/Plazas/Open Space Uses
Outdoor Ampliitheater (A-P) x x x P P
Parks/Recreation Facility, Limiled P P P P P
Paies/Recreation Facility, Full x x x P P
Public Garden P P P P P
Civic/Institutfonal Uses
Adu]t Day Care Center, Genera! x x x CUP x
Adult Day Care Center, Liinited P P P CUP x
Cliild Day Care Facility, Day Care Center, Standaloi'ie Facility CUlo CUP x CtJP x 7 Flospital (D) x x x CtJP x
Institutioxis (D) x x x CUP x
Piiblic/UtjUty/Energy Uses
Cominunications Equipinent CUP CUP CUP CUP CUP
Fire/Police Station/Substation CUP CUP CUP P x
Parkfng Facility x CUP x P P Ptiblic or commercial
Phiblic/Governmcnt Building x x x P x
Power Distribution Substation CUP CUP CUP x x
Pub[ic Utility, Structure or Yai'd x x x CUP . CtJP
I
25 Exhibit "A"
Land Use at)ipe (1)
Zones A,ddttional IJse
a RegulntionsNL NM MH CV OS
Renewable Energy System, Btiilding Mounted (A-P) P P P P P 11.40_.180 Renewable Enei'gy System, Standalone Ground Motinted (D) CUP CUP CUP CUP CUP 4 Transit Station/Stop P P P P P
Utility Metering/Distribution x x CUP CUP CUP
Commercial Uses
Open Field Growing P P x x CUP
Personal Services, Fitness/Health Facility x x x P x
Stables, Equestrian, Commercial/Private (l) x CUP x x x ffl Maiijuana (Commercial Cannabis
Activity)/Deliveries/Manufacturing/Cu)tivation/Possession!Proces sii'ig/Storing/Laboratory Testing/L,alyeling/Distribution/Sale of Cannabis and Marijuana Productg/Con'imercial ai'id Personal Outdoor Cultivation (2)
x x x x x Cliapter ____7.80
Restaurant, I)ine In (3) X x x x CUP
Alcohol Sales, as Ptirt of a Restaxirant (4) aX' x x X CUP H,42.070(A)&(B) Rccycling Fncilittes
Mobi]e Recyclii'ig Unit x x x CUP CUP p
Recycling/Collections Facilities, Sinall x x x CUP x u Notes: All land rise types are subject to tlie appUcable frontage type reqriiretnents and all other developn'ient, design, aixd operational standards of tlie applicable zone.

See Table 11.20-1 for zone abbreviations.

See Table 11,21-2 for the abbre'viations for the general land use peimit types and processes, (A) Administrative plaii review required; See SeCtiOn ijjjj2:, Adnlinistratrve pettnit8 and approvals. (D) Discretionary plan review reqttired; see Section , Discretionaiy permits and approyals. (1) See Section 11.25.060 for use zone liniitations for t's use. (2) IndoorcultivationforpersonalconsumptionmaybepermittedpertheregulationsinChaptet2j3Q. (3) a. Only one dituz-in restaurant within a parlc per each 50 acres qf land. /). Restaurants are prohibited withitx public uality easeinenm, rights-of-hiay, andother areas outside of parlcs tiicd ttre designated OSS.
c, Thel)eptmment ofPai4cs cmdRecreation shall review and !ssxte (I recomtixandaaon for tqiprovcd to the Pl(inning Commission,
(4) a. Alcohol sales for ops-site conmunption of lieer and wine (ABCLicense Type 41) only. b, Departmezst of Parks amlRecreatiott shall review and issue a recomynendation for approval to the Planning Comynissioh.
'k }iousing ineeting this definition shall be peimitted, conditionally petmitted, or not perinitted, per the regulation OfOther reSldential dwelllngs Ofthe SalIle t)tpe in the 8aIne ZOlle. All starldards alld iaegulatlons Of tlllS tltle gOVernillg the regulation of other residenlial dwellings of the same type and in the same zone shall apply. 26 Exhibit "A"
SECTION 2. This ordinance is exempt from the Califori'ffa Enviroimental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards,or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects o.n the enviroiment but will iriclude new allowable land'i'isetypes within the Open Spacezone intheCity. Entitlements willrequirereview, and CEQA analysis will be performed for specific projects,
SECTION3. IfanySection,sentence,clause,orphraseoftliisOrdinanceisforaiiyreason held to be invalid or unconstitutional by a decision of any couit of any competent jurisdiction, such decision shall not affect the validity ofthe remainiiig po:itions of this ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and eveiy Section, subsection, sentence, clause and phrase thereof not declared invalid or ruiconstitutional without regard to whetlier any portion of tlie ordinaiice would be subsequently declared iiivalid or unconstihitional, SECTION 4. Tlie City Clerk shall ceitify the adoption of this Ordinaitce and shall cause a copy of the same to be priblished in a maniier prescribed by law, SECTION 5. This Ordinance shall be in full force and effectthirty (30) days after its final passage and adoption,
ADOPTED this day of , 2025
CrI'Y OF SOUTH GATE:

Gil Hu'itado, Mayor
ATTEST:

Yodit Glaze, City Clerk
(Seal)
APPROVED AS FORM:

Ra'al F. SaIiiias, City Attorney
l"l
27 Exhibit "B"
.qONDITIONS OF APPROVAL (perxnit 24-15')
Violation of, or noncompliance witl'i, any of these conditions s}tall coxistitute grounds for revocation of tlxis Conditional Use Permit ("permit"):

Planning Division

1. The permittee shall a';gcee, to defend, indetfy and liold liatmless the City of Soutli Gate, its agents, officers, and employees from any claim, action, orproceeding against the City of Soutli Gate or its agents, officers or employees to attach, set aside, void or aimul, an approval of the City of South Gate, its legislative body, advisory agencies, or administrative officers concerning the issuance oftliepeiinit to whiclithese conditions are attached, The City of South Gate will promptly notify the permittee of ariy such claim, action, or proceeding against the City of South Gate and the pennittee will either rmdertake the defense of the matter and pay the City's associatedlegal or other consultant costs orwill advance funds to payfor the defense of the matter by the City Attoriiey, If the City of Sorith Gate fails to promptly notify the perinittee of any such claim, action, or proceeding or fails to cooperate fully in the defense, the perinittee shall not, thereafter, be responsible for defending, indemnify or hold harmless the City of Soutli Gate, Notwithstai'iding the foregoing, tlie City retains the right to settle or abandon the matter without the permittee's consent, but shoxild it do so, the City shall waive the inden'inification herein, except the City's decision to settle or abandon a matter following an adverse ji.idgment or failure to appeal, shall not cause a waiver of the indemnification tights herein,

2. Except as set forth in subsequent conditions, all-inclusive, the property shall be developed substantially in accordance with the application, environi'nental assessment, and plans submitted to the City in tlie pertnittee's application for this permit and any modifications thereof imposed by the City as a condition of the issuance of this permit, 3, The proposed project shall comply with all Federal, State, County, and Local laws and ordinances that may apply to this pen'nit, stated herein or not.

4. If determined to be required by the Building & Safety Division, the permittee shall submit plans to the Los Angeles County Fire Department for review for compliance with Fire regulations prior to the issuance of Building Permits. Proof of Fire Department approval (including sprinkler plan approval) is required, If revisions are made to the project plans (i.e. setbacks, building height, building design, driveway width, driveway configuration, landscaping, etc.) as aresult ofFire Departnent requireinents, changes to theplans mayrequire Planning Commission review and approval as detennined by the Community Development Director.

5. Tlie proposed use shall be conducted, and the propeity be maintained in a clean, neat, quiet, and orderly manner at all times pursuant to South Gate Municipal Code Section 5.08.020(A). 28 Exhibit "B"

6. Theapprovalofthispennit,andthepennititself,shallexpireiftlieentitlementisnotexercised witliin one (1) year fro.in the date of approval bytl'ie Planning Cominission, rinless an extension has been granted by the Planimg Co'inmission.

7. Tlie peri'nittee shall obtain the approvals, clearances, pemits, and/or licenses reqriired from City departments and outside agencies (i.e, County of Los Angeles Public Health Department, California Depaitment of Alcoholic Beverage Control, and South Gate Building & Safety) piior to the expiration of this entitlement.

8. No alcoholic beverages, includiiig beer and wine, shall be sold from the premises for off- premises consuinption.

9. No alcohol sales displays shall be permitted that are visible from the public street or parlcing lot,

10. Employees selIing alcoliolic beverages shall be of an age consistent with Section 25663 of the California Business and Professions Code,

11. The validity of the peimit shall be conditioned on compliance witli all state regulations and conditions.
12, The premises shall be iiaintained at all times in a neat aiid orderly manner,

13. Trash receptacles sliall be provided in such number mid at such locations as specified by the Planning Commission.
14, All alcoholic beverages sales, offerings, and consumption shall be conducted completely within the enclosed building or permitted outdoor patio seatiiig area for on-sale uses.

15. Building and site design and maintenance shall be consistent witli the standards of the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminisli or impair property values witliin the neighborhood.

16. The permittee shall be responsible for the conduct of all employees, including their education concemng Alcoholic Beverage Control regulatioiis and provisions of the South Gate Municipal Code pertaining to sales of alcohol (e.g., 've'iification of age of purchaser),

17. The permittee shall acIcnowledge that the cityhas specifically reserved the iight and authoiity to ixnpose sanctions, including suspension orrevocation ofthe permit, as a consequence of one or tnore violations of a state statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor.

18. The permit shall be subject to compliance review of the property and permit conditions at Planning-Cotniriission-established intervals; the first compliance review shall occur witliin six months of perinit issuance or actuation.
29 Exhibit "B"

19. Any lcitchen facility on preinises (in conjunction with a restaurant) shall be maintained at all times in a clean and sanitary condition.

20. Adequate refrigeration sliall be maii"itained at all times for the preservation of any food on the permittee's premises.
21, The permit shall, after notice to tlie permittee and an opportunity to be lieard, be subject to additional conditions to inaintain or remedy Land use compatibility, security, or crime control issues that have arisen since the issuai'ice of the perit,

22. The sales of alcohol shall cease at lO:30pm, or one-lialf hour before closing, whichever is earlier,

23. All alcoholic beverages sales, offeriiigs, and consumption shall be prohibited on the playing fields and areas adjacent to the playing fields.
24, The existing lounge area shall bereduced to atotal of 500 square feet. Alternatively, the lounge shall be reclassified on tlie plans as a dining area and be maintained with tables and chairs excluding sofas/coudies or other lounge-style seating amenities. 25, All noise sball be contained within the facility's stnicture only and shall not cany out into adjacent parking areas.

26. The permittee shall post on-premises signs witMn and throughout the facility structure in a manner that mem'iingfully advises permittee's patrons that they maynot loiter after perinittee's sclieduled liours of operation iii the designated joint use parking area and must leave within 30 minutesafterclosing. Thepermitteeshalltakereasonablestepsasmaybenecessarytomonitor the designated joint use parking area to ensure iaterial compliance with this condition. 27, All equipment, furniture, or other appurtenances that are not in use sball be kept inside the building, Outdoor storage sliall not be permitted.

28. Approval of this permit sliall not become effective rintil the effective approval date of the amended Ground Lease Agreement between City Corincil/City of South Gate and Tenant ("Sofive Soccer Centers,") to allow for the alcohol sales for on-site consumption within the premxses.

29. If the City's Director of Parks and Recreation believes that the sale of alcohol pursuant to this permit is creating risks to public safety, permittee shall, upon notice from said Director, meet with the Director informalIy to discuss initigating those risks by impleinenting mutually agreeable modifications to permittee's alcohol sales operations. Such modificatiots may include changing the liours when alcohol is served, addii'ig security personnel when alcohol is served, or other changes acceptable to the Director and permittee. Nothing in this Condition No. 29 constitutes a waiver of the City's rights under Condition No, 34. 30 Exhibit "B"
30, The Community Development Director is authorized to malce minor modifications to the approved preHtninaiy plans or any of the conditions if such modifications achieve substantially tlie same results, as with strict compliance with said plans and conditions. 3L Permittee shall obtain its City of South Gate Business License prior to cornmencing business operations.

32. Violation of, or noncompliance with, aiiy of tliese conditions shall constitute groxmds for revocation of this petwit,

33. Permittee shall agree to maintain (and/or cause its landlord to maintain, if the perrnittee is a terzant) the propeity and alI related on-site improvements aixd landscaping thereon, including without limitation, buildings, parking areas, lighting, signs, and walls in a first class condition and repair, free of rubbisb, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all Federal, State, County and local bodies and agencies havingjurisdiction, at peimittee's sole cost and expense.

Such maintenance and repair shall include, but not be liinited to the following: (i) sweeping and the removal of trash and debiis as soon as possible but at least witlffn 24 hours; (ii) the care of all shrubbery, plantings and other landscaping in a healtliy condition and replacement of diseased or dead plant matetial with new material at an age similar to the material being replaced; (iii) maintenance of all irrigation systems in properly operatiiig condition; (iv) the remo-val of graffiti witMn 24 hours; and (V) the repair, replacement and reshiping of asphalt or concretepavingusing the same type ofmaterial originally installed, to the end that such paving at all times be kept in a level and smooth condition.

34. If the application for this permit, or any conditions of tlie permit, violate the Zoning Code or do not fulfill the intent ofthe Code, thePlaz'ining Commission shall, followii'xg a publichearing, be authorized to talce the following actions:
a, Revoke the pet, revoke and reissue the permit with new or modified conditions, or t'nodify the conditions of the existirig peri'nit as may be appropiiate under the circumstances.
b, Impose, as a condition of the contituiation, reinstatement, or reissuance of the permit, a requirement that the pettee reimburse the City for all costs and expenses reasonably incurred iri investigating, identifying, and documenting the violation, and in processing inforination concerning the violation for presentation to the Planning Coi'nmission, and, upon any appeal, to the City Council.
c. This permit shall be revocable if the exercises of rights granted by the permit are discontinued for 6 consecutive months. The use subject to the perinit may not be resumed of the peiit is revoked; a new permit, including processing and public notification, shall be required.
35, The pet-nnittee shall agree in writing to the above conditions. 31 Exhibit "B"
Building & Safety
36, Tlie permittee shall submit plans, including a coinplete site plan for building plan check to review the proposed increase occripancy. The plans shall comply with all building code requirements applicable to occupancy loads and the tninimum egress requirements, The plans shall also identify a clear exiting path and dispersal area. 37, Thepennittee shall provide a copy ofplans approved bytheLos Angeles County Public Health Depaitment.
38, AddressnurnbersshallbeinstalledtothefrontofthebuildingtotliesatisfactionoftheBuilding Department.

39. The perniittee sball obtain the necessaiy approval, perinit, aiid inspection to legalize the signage located aboye the main building entrance.
40, The damaged stucco wall areas around the exteiior of the building shall be patched, repaired, and painted,

41. The non-functional water closet located inside the men's restroom shall be repaired, 42, The chains and padlocks on existing gates located throughout tlie playing fields shall be removed to ensure proper functionality of their panic hardware and emergency e@ess. 43, All ofthe apputtenances bloclcing the "exit" door adjacent to thekitclien area shall beremoved to ensure it remains accessible.

44. The bent steel posts supporting the netting on the playing fields shall be repaired or replaced. 45 , The damaged drywalI areas and ligl'it fixtures shall be repaired. 46, Junction boxes with exposed electrical wiring sl'iall be properly sealed. 32 ORDINANCE NO.

Attachment C
Exhibit "A"

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SOUTH GATE, CALIFORNIA, AMENDING
CHAPTER 11.21 (LAND USE TYPES) OF TITLE 11
(ZONING) OF THE SOUTH GATE MUNICIPAL CODE
(SGMC), RELATING TO ALLOWING DINE-IN

REST AURANTS AND ANCILLARY ALCOHOL SALES

WITHIN THE OPEN SP ACE (OS) ZONE, AND FINDING

THIS ACTION EXEMPT FROM THE CALIFORNIA
("CEQA")ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15061(B)(3).

WHEREAS, the City of South Gate is committed to fostering vibrant, diverse, and sustainable community spaces that encourage economic development and enl'iance the quality of life for residents and visitors alike; and
WHEREAS, the Open Space (OS) zoning district is designated for areas that are primarily dedicated to parks, recreational facilities, and natural areas, with the intent to preserve open land and provide public recreational opportunities; and WHEREAS, the City recognizes that integrating compatible, complementary uses such as dining and restaurant services within certain Open Space areas can enhance the public's experience of parks and open spaces, while supporting local businesses and promoting economic development; and
WHEREAS, the addition of dine-in restaurants and alcohol sales in select Open Space areas can provide greater amenities for visitors, encourage longer visits, and create a welcoming atmosphere for families, tourists, and local residents to enjoy public spaces; and WHEREAS, the presence of restaurants and alcohol sales in designated Open Space areas will create opportunities for local businesses to thrive, attracting new customers, and boosting the local economy; and
WHEREAS, the City is cominitted to ensuring that any restaurant and alcohol use within the Open Space zone will be subject to appropriate regulations to ensure compatibility with tlie surrounding environment, preserve public health and safety, and minimize any negative impacts on the natural landscape or nearby residents; and
WHEREAS, the proposed ordinance would allow for responsible, small-scale, sit-down dining and the sale of alcohol at specific locations within the Open Space zone, subject to approval 33 Exhibit "A"
of a Conditional Use Pen'nit (CUP) and compliance with all applicable local, state, and federal laws regarding alcohol service and consumption; and WHEREAS, the City Council believes that approving dine-in restaurant uses witl'i alcohol sales within the Open Space zone aligns with the City's broader goals of promoting recreation, corni'nunity engagement, and sustainable economic development, while also preserving tlie intent of the Open Space zoning designation;
WHEREAS, the City's Zoning Code, together with the City's General Plan, Specific Plans and Zoning Map, divide the City into various geographical use zones; and WHEREAS, land use peri'nission tables in Section 11.21.030 of the Zoning Code establish the uses to which land in each zone may be put; and WHEREAS, Table 11.21-5 specifies uses allowed in the OS zone; and WHEREAS, under this table, dine-in restaurants and alcohol sales currently are not listed as pennitted uses in the OS zone; and
WHEREAS, the City Council has deten'nined it to be in the best interest of the City to include "dine-in restaurants" and "alcohol sales" as allowed land use types within Table 11.21-5 (Residential Neighborhood Zone Allowed Land Uses) subject to the approval of a CUP.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CAI,IFORNIA DOES ORDAm AS FOLLOWS:

SECTION 1. Table 11.21-5 of the City's Zoning Code is hereby amended to perinit dine- in restaurants and alcohol sales as an accessory use in the Open Space (OS) zoning district, subject to the approval of a CUP and in accordance with applicable regulations by adding tlie highlighted italics language as shown below:

Table 11.21-5 Residential Neighborhood Zone Allowed Land Uses Land Use Type (1)
Zones Additional Use
RegulationsNL I NM I MH I CV I OS
Residential Uses
Accessoi'y Structures P P P P P Chapter 11.43
Child Day Care Facility, Small Family Home P P P x x ____11.40.050 Cliild Day Care Facility, Large Family Home P P P x x _11.40.050 Cottage Food Operation P P P x x Chapter __11.60
Duplex/Two-Family Residential P P P x x
Greenhouse P P x x CUP
Live/Work Unit P P x x x Chapter 11.23 ; 11.33.0
_so, ffl
34 Exhibit "A"
Land Use Type (1)
Zones Additional Use
RegulationsNL NM MH CV OS
Mobile Hoi'ne/Mobile Home Park (A-P) P P P x x Th
Multifamily Residential (A-P) x P x x x 11.25.070, 11.25.080, _11.33.090
Personal Propeity Sales T T T T x _2.10.610
Residential Care Facilities, Small P P x x x
Residential Care Facilities, Large x P x x x
Single-Family Residential P P x x x
Single-Room-Occupancy Apaitments (A-P) x P x x x and consistent witli tlie
housing element
Second Dwelling Unit (A-P) P x x x x Chapter 11.43
Senior/Age-Restricted Dwelling (A-P) P P P x x
Suppoitive Housing* P P P x x
Transitional Housiiig* P P P x x
Recreation, Education, Public Assembly Uses
College, Nontraditional Campus x x x P x
College, Traditional Cainpris x x x CUP x
Coininunity Assembly (A-P) x x CUP CUP x 11.40.060
Library/Gallei'y/Museum (A-P) x x x P x
School P P x P x
Parks/Plazas/Open Space Uses
Outdoor Ainpliitlieater (A-P) x x x P P
Parks/Recreation Facility, Limited P P P P P
Parks/Recreation Facility, Full x x x P P
Public Garden P P P P P
Civic/Institutional Uses
Adult Day Care Center, General x x x CUP x
Adult Day Care Center, Limited P P P CUP x
Child Day Care Facility, Day Care Center, Standalone Facility CUP CUP x CUP x ! Hospital (D) x x x CUP x
Institutions (D) x x x CUP x
Public/Utility/Energy Uses
Coininunications Equipment CUP CUP CUP CUP CUP
Fire/Police Statioi'i/Substation CUP CUP CUP P x
Parking Facility x CUP x P P Public or commercial
Public/Govei'nment Buildii'ig x x x P x
rl,,'?35
Exhibit "A"
Land Use Type (1)
Zones Additional Use
RegulationsNL NM ME CV OS
Power Distribution Substation CUP CUP CUP x x
Public Utility, Structure or Yard x x x CUP CUP
Renewable Energy System, Building Mounted (A-P) P P P P P U_ Renewable Energy System, Standalone Ground Mounted (D) CUP CUP CUP CUP CUP 4 Transit Station/Stop P P P P P
Utility Metering/Distribution x x CUP CUP CUP
Commercial Uses
Open Field Growing P P x x CUP
Personal Services, Fitness/Health Facility x x x P x Stables, Equestrian, Commercial/Private (1) x CUP x x x ____ii.25.060 Marijuana (Coi'ni'nercial Cannabis
Activity)/Deliveries/Manufacturing/Cultivation/Possession/Proces sing/Storing/Laboratoiy Testing/Labeling/Distribution/Sale of Cannabis and Marijuana Products/Commercial and Personal Outdoor Cultivation (2)
x x x x x Chapter _____7.80
a lffll. a la amm
mtiA €fflllHJlNlllJl&-!14 g W J4 g uu
a ! 0!L ffiL
fMJmffilh'imrvs Mv Maarhffla WefflMlkant (4g g l gji gl LM ff 1,42,(17(r(7rrFm Recycling Facilities
Mobile Recycling Unit x x x CUP CUP __11.44.080
Recycling/Collections Facilities, Small x x x CUP x _11.44.080 Notes: All land use types are subject to the applicable frontage type requirements and all other development, design, and operational standards of the applicable zone.

See Table 11.20-1 for zone abbreviations.

See Table 11.21-2 for the abbreviations for the general land use pennit types and processes.

Administrative plan review required; see Section , Administrative permits and approvals.

Discretionaryplanreviewrequired;seeSection ll.51.080,Discretionarypermitsandapprovals.

See Section 11.25.060 for use zone limitations for this use.

Indoorcultivationfor a be a therezulationsinChapter7.80. * Housing meeting this definition shall be permitted, conditionally peimitted, or not pemitted, per the regulation of other residential dwellings of the same type in the same zone. All standards and regulations of this title governing the regulation of other residential dwellings of the same type and in the same zone shall apply. 36 Exhibit "A"
SECTION 2. This ordinance is exempt from the California Environinental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not liave the effect of deleting or substantially clianging any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment but will include new allowable land use types within the Open Space zone intlie City. Entitlements will require review, and CEQA analysis will be perfon'ned for specific projects.

SECTION3. IfanySection,sentence,clause,orphraseofthisOrdinanceisforanyreason held to be invalid orunconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every Section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law.

SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.

ADOPTED this day of 2025
CITY OF SOUTH GATE:

Maria Davila, Mayor
ATTEST:

Yodit Glaze, City Clerk
(Seal)
APPROVED AS TO FORM:

DRAFT
Raul F. Salinas, City Attorney
2/" 37
Attachment D
Rodrigo Pelayo
From:

Sent:

To:

Subject:

Caroline Maravilla <[email protected]>
Tuesday, December 17, 2024 4:02 PM
Rodrigo Pelayo; John Signo
Appeal of the Planning Commission's Decision to Adopt Resolution No. 2024-07 This message is from an EXTERNAL SENDER - be CAUTIOUS, particularly with links and attachments Dear Councilmembers:

This is a formal appeal of the Planning Commission's decision to adopt Resolution No. 2024-07 consisting of:

1. A recommendation to the City Council to adopt an Ordinance amending Chapter 11.21 (Land Use Types) or Title 1l (Zoning) Or the South Gate MunicipaL Code (SGMC), reLating to restaurants with anciLlary alcohol sales within the Open Space (OS) zoning district;

2. Approval of a Conditional Use Permit (CUP) to allow the sales of alcohol (ABC License Type 41 - beer and wine) for on-site consumption in conjunction with an existing restaurant/cat6 located within a soccer facility at 9599 Pinehurst Ave (the "Sofive Soccer Complex"); and

3. The Planning Commission's finding that the project is exempt under a Class I Categorical Exemption pursuant to section 15301 (Existing FaciLities) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

The City of South Gate failed to make the following findings:

1. Approval Conflicts with General Plan Goals:
o While the General Plan emphasizes enhancing recreational opportunities, introducing alcohol sales in a family-oriented recreational facility could detract from these goals. Alcohol consumption may alienate families and individuals seeking a wholesome environment, which is inconsistent with promoting community engagement and recreational quality.
o The Open Space (OS) zoning district is designated for recreation, preservation, and community use.

Introducing dine-in restaurants with ancillary alcohol sales fundamentally alters the purpose of this zoning, diverting itfrom open, natural, and family-oriented recreational spaces toward commercial interests. This sets a concerning precedent for the future commercialization of open spaces. o Open Space zoning is intended to safeguard areas for recreation, conservation, and communitywelL- being. Allowing alcohol-serving restaurants introduces a commercial element that dilutes this intent, prioritizing business interests over public benefit. o The report emphasizes compatibility with recreational uses but does not substantiate how alcohol saLes, inherently non-recreational, align with preserving open space values.

2. Incompatibilitywith Open Space Zoning:
o The Open Space (OS) zoning is intended to preserve areas for recreation and passive public use, not commercial ventures like alcohol-serving restaurants. Allowing such uses introduces a commercial element that fundamentally shifts the zone's character away from its intended purpose of fostering 1 30 38
recreation and leisure.
o ALcohol sales within recreational areas, particularly near residential zones, schools, and churches, may Lead to increased noise, traffic, and behavioral issues, potentially altering the community's character and reducing the appeal of public open spaces. o Enhancing the visitor experience through alcohol sales does not align with the primary purpose or recreational spaces, which is to promote health, physical activity, and environmental appreciation.

3. Potential Adverse Effects on Surrounding Properties:
0 White the report argues compatibility With the existing SOCCer complex, it OVerlOOkS potential disruptions to surrounding sensitive areas, incLuding schools, churches, and residences. Increased noise, loitering, and traffic could negativeLyimpact these adjacent uses and erode community trust in maintaining open space integrity. This disrupts the community and contradicts claims of "minimal impact" on adjacent properties.
o Specific mitigation measures, such as Limits on hours of operation, may not sufficiently offset these impacts or prevent unintended consequences like noise and loitering. o Lack of security furtherimpacts public health, safety and welfare.

4. Failure to Adequately Address Safety and Public Health Risks o Alcohol consumption at recreational facilities, even with proposed restrictions, introduces risks such as increased likelihood of public disturbances, impaired judgment during recreational activities, and reduced suitability for families with children. These risks are inconsistent with the General Plan's emphasis on promoting safe, family-friendly environments. o These risks could deter families and other users, undermining the facility's accessibility and inclusiveness.
o Additional monitoring by park security personnel and Local authorities to ensure compliance with alcohol regulations could impose unanticipated costs on the city or taxpayers.

5. Insufficient Evidence Supporting Economic or Social Benefits:
o The argument that alcohol sales would boost visitor experience or economic activity Lacks concrete data. The report assumes prolonged visits and economic benefits without substantiating these claims, which makes the rationaLe speculative.
o The claim that alcohol sales will enhance visitor experiences and extend visit durations is specuLative.

The staff report does not provide data or case studies supporting this assertion. AlcohoL consumption is not a necessityfor recreational activities and could deterfamiLies orvisitors seeking a safe and wholesome recreational atmosphere.

6. Failure to Preserve RecreationaL Intent:
o The proposed amendment and CUP shift the focus from recreation to hospitaLity and dining, potentially conflicting With the General Plan'S ObjeCtiVeS Of maintaining open spaces far publiC enjo'yment and physical activity.
0 Amending the Zoning COde tO allOW restaurants With ancillary alCOhOl SaleS COuld Set a precedent far further commercialization of open spaces, eroding their availability for traditional recreational purposes.

7. Limited Precedent for Similar Use in OS Zones:
o The staff report claims the proposaL aligns with OS zoning goals but does not provide examples of similar facilities successfullyintegrating alcohol sales within open space areas without negative impacts.
o The existing cafe and recreational amenities already serve visitors' needs. The addition of alcohol sales 2 39
may not be necessary and could detract from the current family-friendly environment.

8. Contradictions with CEQA Exemption Justification 0 The Staff COnCtudeS the prOjeCt iS eXempt from CEQA reVieW under the "EXiSting FaCilitieS" Category.

However, this exemption may be inappropriate because introducing alcohol sales represems a change in operational intensitythat could have indirect environmentalimpacts, such as increased traffic, noise, and public disturbances, especiallyin sensitive residential areas.

9. Insufficient Scrutiny and Public Engagement
o The decision to integrate commercial alcohol saLes into public recreational spaces warrants greater community consultation. Residents, families, and stakeholders should have a larger voice in determining the future character of their open spaces.
o The CUP process requires that all proposed uses must align with the intent of the zone. Permitting alcohol sales may violate this requirement byintroducing a non-compatibLe activityinto a recreation- focused environment.

The City of South Gate has failed to protect its residents, instead exposing them to harm by approving the proposed Legalization of aLcohot sales and consumption in our city parks. This decision contradicts the goals of the General Plan and poses significant risks to public health, safety, and welfare. Yet, the City haS endorsed thiS meaSure, seemingly aS a ShOrtCut tO address itS inabilit'ytO enforce existing laWS against illegal alcohol consumption in South Gate Park.

Rather than safeguarding the community, the City has shifted its responsibilities to Sofive without implememing sufficiem safeguards to mitigate the risks. This decision prioritizes potemial sales revenue over the safety and well-being of its residents. We must ask: How much is the quality of Life for South Gate residents worth in Sofive dollars?
Our community deserves better. Before approving any proposals that could harm residents, the City should address its ongoing enforcement failures. How can we trust the City to ensure Sofive complies with regulations when it has already failed to enforce its current laws? Sofive has demonstrated an inability to fulfilL its commitments, such as providing the two security guards it promised. The City has already shown leniency, extending aLcohol service hours before Sofive has proven itself to be a responsibLe partner. This pattern raises a critical question: How can residents trust that the City is prioritizing their safety when it has negotiated away protections? Furthermore, Sofive has received preferential treatment that other business owners in South Gate have not. Why is the City permitting a use that undermines community safety and quality of Life without offering tangible benefits to residents? Is the City being shortsighted, placing potential revenue above the welfare of the community?
We deserve better leadership-leadership that values safety and quality of Life over short-term financial gains. It's time for the City to act responsibly and prioritize its residents. 3 40
Attachment E
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, REVERSING THE ACTION OF THE PLANNING

COMMISSION AND DENYING THE REQUEST FOR A CONDITIONAL USE PERMIT (CUP 24-15).

WHEREAS, the City of South Gate is committed to fostering vibrant, diverse, and sustainable coinmunity spaces that encourage economic development and enhance the quality of life for residents and visitors alike; and
WHEREAS, the Open Space (OS) zoning district is designated for areas that are primarily dedicated to parks, recreational facilities, and natural areas, with the intent to preserve open land and provide public recreational opportunities; and WHEREAS, the addition of dine-in restaurants with ancillary alcohol sales in select Open Space areas can provide greater amenities for visitors, encourage longer visits, and create a welcoming atmosphere for families, tourists, and local residents to enjoy public spaces; and WHEREAS, the City is coinmitted to ensuring that any restaurant with ancillary alcohol use within the Open Space zone will be subject to appropriate regulations to ensure compatibility with the surrounding environment, preserve public health and safety, and minimize any negative impacts on the natural landscape or nearby residents; and WHEREAS, the City Manager initiated an Ordinance amendment to allow dine-in restaurants with ancillary alcohol sales within the Open Space (OS) zoning district; and WHEREAS, F. Michael Ayaz, Esq., on behalf of Goals Soccer Centers, Inc. DBA Sofive Soccer Centers South Gate ("the Applicant"), filed a complete application requesting the approval of a Conditional Use Pernnit (CUP 24-15) described herein ("Application"); and WHEREAS, the Application pertains to an approximately 8,450 square-foot facility within South Gate Park property having Los Angeles County Assessor's Parcel Number 6222- 023-900, more commonly known as 9599 Pinehurst Avenue, South Gate, California ("Property"); WHEREAS, the Applicant requests approval of a Conditional Use Pen'nit (CUP) to allow the sales of alcohol (ABC License Type 41- beer and wine) for on-site consumption in conjunction with an existing restaurant/ca'fi:; and
WHEREAS, Pursuant to South Gate Municipal Code, Chapter 11.52.030, before a CUP may be granted, the Planning Coinmission (or the city council on appeal) shall make all of the following findings, as applicable to the property:
1 93 41
(a) Approval of the CUP is consistent with and will not adversely affect the intent and purpose of this title or the city's General Plan. (b) The design and development of the land use and conditions of the CUP are compatible with the existing and future land uses of tlie applicable zone. (c) Approval of the CUP would not result in detrimental impacts to adjacent properties or to the character or function of the neighborhood.

WHEREAS, The Planning Comi'nission conducted a duly-noticed public hearing to consider the matter on December 5, 2024 and, after considering a presentation by the Community Development Department, and after listening to public comments, the Planning Coi'nmission adopted ResolutionNo. 2024-07 to approve Conditional Use Pen'nit (CUP 24-15) contingentupon City Council's adoption of a proposed Ordinance; and WHEREAS, on December 17, 2024, an appeal was filed by Caroline Maravilla ("Appellant") against the Planiiing Commission's adoption of Resolution No. 2024-07 and approval of CUP 24-15; and
WHEREAS, on February 11 and 25, 2025, this City Council conducted a duly-noticed public hearing to consider the matter, at which this Council considered information presented by the Community Development Department, Applicant and Appellant, and listened to public comments about the issue. Notice of the hearing was originally posted and published in the "South Gate Press" newspaper and was mailed to surrounding properties on January 16 and 23, 2025.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by this reference.

SECTION 2. After considering the infori'nation and coinrnents presented at the February 25, 2025, City Council hearing on this matter, this City Council hereby resolves to reverse the action taken by the Planning Coininission on December 5, 2024 and deny Conditional Use Permit No. 24-15 (CUP 24-15) based on the following findings:
* The approval conflicts with the General Plan goals and policies (Goal GC 1, Objective GC

1.1, Policy P.5) as the proposed dine-in restaurant use with alcohol sales may pose safety issues, nuisances, and compromise the enjoyment of recreational activities within the park. * TheapprovalconflictswithGoalCD4.,ObjectiveCD4.l,PolicyP.2inthattheproposed restaurant with alcoliol sales has potential adverse effects on surrounding properties and disrupt the character of existing neighborhoods.

SECTION 3. The City Council does hereby declare that if any section, subsection, sentence, clause, phrase or portion of this Resolution or its application thereof is for any reason held to be 2 42
invalid or unconstitutional by the decision of any court of competent jurisdiction, sucli decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted this Resolution, and each and every section, subsection, sentence, clause, phrase, or portion thereof not declared invalid or unconstitutional without regard to whether any poition of the Resolution would be declared invalid or unconstitutional.

SECTION 4. The City Clerk shall certify the adoption of this Resolution whicli shall be effective upon its adoption.

PASSED, APPROVED, and ADOPTED on this 25th day of February 2025.

CITY OF SOUTH GATE:

By:

Maria Davila, Mayor
ATTEST:

B7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

Rail F. Salinas, City Attorney
3 43
Attachment F
Ciffl of South Gate

PLANNING COMMISSION
AGEMIDA KffllLIL,
Theeting of: December 5, 2024
Senior Plaiiner: /7f Planning Manager: S
RoJri P J F. Si , Al
SUBJECT: Zoning Code Ainendment & Conditioiial Use Permit (CUP 24-15) PRO,nE,CT PROPOSAL/REQUEST: Consideration of an Ordinance to amend Chapter 11.21 (Land Use Types) of Title 11 (Zoning) of the Soutli Gate Municipal Code (SGMC), relating to restaurants with ancillary alcohol sales witliin tlie Open Space (OS) zoning district. The project also involves a request for approval of a Conditional Use Peririit (CUP) to allow tl'ie sales of alcohol (ABC License Type 41 - beer and wine) for on-site consumption in conjunction with an existing restaurant/caf6 located within a soccer facility at 9599 Pii'iehurst Ave (tlie "Sofive Soccer Complex").

BACKGROUND:

Project Overview
* General Plan Designation: Parks and Recreation
* Tweedy Boulevard Specific Plan (TBSP) / (OS, Open Space) * Project Location: 9599 Pineluirst Ave.
a Assessor's Parcel Number: 6222-023-900
* Site Characteristtcs: The subject site is a soccer complex operated under tlie tradenai'ne "Sofive Soccer Centers Soutli Gate" and is located within Soutli Gate Park, tlie largest park in tlie city.

The park t'neasures approximately 96.8 acres and is comprised of nine parcels bounded by Southern Avenue to the nottli, Hildretli Avenue to tlie west, Tweedy Boulevard to tlie south, and Pinehurst Avenue to the east. Tlie park is currently developed witl'i nuinerous facilities SLICII as playgrounds, outdoor basketball and tennis couits, skatepark, baseball fields and batting cages, spotts center with gym and pool, golf course, volleyball courts, senior recreation center, ai'id other recreational facilities including tlie soccer complex.

The Sofive Soccer Complex is located witl'iin tlie i'ioitlieast quadrant of tlie park and is developed with twelve playing fields totaling roughly 299,650 square feet and a clubliouse measuring approximately 8,450 square feet. Tlie clubl'iouse consists of amenities such as a reception desk, employee office and dressii'ig rooi'ns, locker rooms, restrooms, storage roon'is, and a restaurant/caf6. Tlie restaurant coinprises a full kitchen, dining and lounge areas, a ineeting/party room, and an outdoor patio area facixig tlie playing fields. 44 Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

* Surroundings: Surrounding properties include single-family residences across Hildreth Avenue to the west; a church and multi-family residential properties across Tweedy Boulevard to the south; a church, elementary school, and multi-family and single-family residences across Pinehurst Avenue to the east; and a fire station, park maintenance yard, and multi-family residential properties to the north across Southern Avenue. * Project Description: The project consists of an Ordinance, amending Chapter 11.21 (Land Use Types) of Title 11 (Zoning) of the SGMC, to allow dine-in restaurants with ancillary alcohol sales within the Open Space (OS) zoning district. The project also involves a request for approval of a CUP to allow the sales of alcohol (ABC License Type 41 - beer and wine) for on-site consumption in conjunction with an existing restaurant/caf6 located in the Sofive Soccer Complex, within the OS zone. Tlie project does not propose site or tenant improvements.
* F. Michael Ayaz, Esq., on behalf of Goals Soccer Centers, Inc. DBA Sofive Soccer Centers South Gate
* Municipal Code Requirements for Zoning Code Amendment: Pursuant to Table 11.50-1 (Initiation of Amendments) of SGMC Chapter 11.50.050(B), the City Council, Planning Commission, or City Manager may initiate a Zoning Code (text) Amendment. In this particular project, the proposed Ordinance amendment was initiated by the City Manager.

Furthermore, pursuant to SGMC Chapter 11.50.050(C)(2), the proposed amendment shall be heard by the Planning Commission at a scheduled hearing. If approved, the amendment shall be adopted by ordinance and forwarded to the City Council for final review, adoption, or denial.
* Municipal Code Requirements for a CUP: Pursuant to SGMC Chapter 11.52.030, before a CUP may be granted, the Planning Commission (or the City Council on appeal) shall make all of the following findings, as applicable to the property:

A. Approval of the CUP is consistent with and will not adversely affect the intent and purpose of this title or the city's General Plan.

B. The design and development of the land use and conditions of the CUP are compatible with the existing and future land uses of the applicable zone.

C. Approval of the C{JP would not result in detrimental impacts to adjacent properties or to the character or function of the neighborhood. "2,,"'145
Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

ANAI,YSIS:

Zoning Code Amendment
The City of South Gate's General Plan goals and policies aim to foster vibrant, diverse, and sustainable community spaces that encourage economic development and enhance the quality of life for residents and visitors alike. Tl'ie Open Space (OS) zoning district is designated for areas tliat are primarily dedicated to parks, recreational facilities, and natural areas, with the intent to preserve open land and provide public recreational opportunities. Integrating compatible and complementary uses such as dining and restaurant services witliin certain Open Space areas can enhance the public's experience of parks and open spaces, while supporting local businesses and promoting economic development. The addition of dine-in restaurants with ancillaiy alcohol sales in select Open Space areas can provide greater amenities for visitors, encourage longer visits, and create a welcoming atmosphere for families, tourists, and local residents to enjoy priblic spaces.

The presence of restaurants with ancillary alcohol sales in designated Open Space areas can create opportunities for local businesses to tmive, attracting new customers, and boosting the local economy.

The City of South Gate Zoning Ordinance is part of the SGMC (Title 11, Zoning) and contains multiple sections describing the different zones within the City, general definitions as commonly used within the Title, entitlement processes, procedures for amendments to the Zoning Ordinance and regulations regarding land use, property development regulations, signs and parking. The land use permission tables in Chapter 11.21 of the Zoning Code establish the uses to which land in each zone may be put. Within this chapter, Table 11.21-5 specifies the types of land uses allowed in the OS zone. Under this table, dine-in restaurants and related alcohol sales currently are not listed as permitted uses in the OS zone; therefore, are prohibited within public and private parks, community recreation facilities, and open space resources throughout the city.

Table 11.21-5 of the City's Zoning Code is proposed to be amended to permit dine-in restaurants and related ancillary alcohol sales as an accessory use in the Open Space (OS) zone, subject to the approval of a C{JP and in accordance with applicable regulations by adding the highlighted italics language as shown below:

Table 11.21-5 Residential Neighborhood Zone Allowed Land Uses Land Use Type (l)
Zones Additional Use
RegulationsNL I NM I MH I CV I OS
Residential Uses
Accessory Structures P P P P P Chapter 11.43
Child Day Care Facility, Small Family Home P P P x x Child Day Care Facility, Large Family Hoi'ne P P P x x m Cottage Food Operation P P P x x Chapter
Duplex/Two-Family Residential P P P x x
46 Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pinel'iurst Ave.

December 5, 2024

Land Use Type (l)
Zones Additional Use
RegulationsNL NM MH CV OS
Greenhorise P P x x C'[_JP
Live/Work Unit P P x x x Chapterll.23: 11.33.0
_80, ____11.40.090
Mobile Home/Mobile Home Park (A-P) P P P x x
Multifaniily Residential (A-P) x P x x x 11.25.070. 11.25.080, _11.33.090
Personal Propeity Sales T T T T x _2.10.610
Residential Care Facilities, Stnall P P x x x
Residential Care Facilities, Large x P x x x
Single-Family Residential P P x x x
Single-Room-Occupancy Aparti'nents (A-P) x P x x x and consistent witli the
housing element
Second Dwelling Unit (A-P) P x x x x Chapter ___11.43 Senior/Age-Restricted Dwelling (A-P) P P P x x
Supportive Housing* P P P x x
Transitional Housing* P P P x x
Recreation, Education, Public Assembly Uses
College, Nontraditional Campus x x x P x
College, Traditional Campus x x x CUP x
Community Assembly (A-P) x x CUP CUP x p
Libraiy/Gallery/Museum (A-P) x x x P x
School P P x P x
Parks/Plazas/Open Space Uses
Outdoor Ainphitheater (A-P) x x x P P
Parks/Recreation Facility, Limited P P P P P
Parks/Recreation Facility, Full x x x P P
Public Garden P P P P P
Civic/Institutional Uses
Adult Day Care Center, General x x x CUP x
Adult Day Care Center, Limited P P P CUP x
Child Day Care Facility, Day Care Center, Standalone Facility CUP CUP x CUP x p Hospital (D) x x x CUP x
Institutions (D) x x x CUP x
Public/Utility/Energy Uses
3C147
Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

Land Use Type (l)
Zones Additional Use
RegulationsNL NM MH CV OS
Communications Equipment CUP CUP CUP CUP CUP
Fire/Police Station/Substation CUP CUP CUP P x
Parking Facility x CUP x P P Public or commercial
Public/Government Building x x x P x
Power Distribution Substation CUP CUP CUP x x
Public Utility, Structure or Yard x x x CUP CUP
Renewable Energy System, Building Mounted (A-P) P P P P P 4 Renewable Energy System, Standalone Ground Mounted (D) CUP CUP CUP CUP CUP j Transit Station/Stop P P P P P
Utility Metering/Distribution x x CUP CUP CUP
Commercial Uses
Open Field Growing P P x x CUP
Personal Services, Fitness/Healtli Facility x x x P x Stables, Equestrian, Comi'nercia)/Private (l) x CUP x x x 7 Marijriana (Commercial Cannabis
Actiyity)/Deliveries/Manufacturing/Cultivation/Possession/Proces sing/Storing/Laboratory Testing/Labeling/Distribution/Sale of Cannabis and Marijuana Products/Commercial and Personal Outdoor Cultivation (2)
x x x x x Chapter __7.80
a a a a
e€esttutranrT)tlh! IH /,1€ B a m a m
Nlcrihol 5krles, as Part of a Hestmtrant (41 H N N N 9 rT,].li7(i(A1& (flTh Recycling Facilities
Mobile Recycling Unit x x x CUP CtJP 4
Recycling/Collections Facilities, Small x x x CUP x :

Notes: All land use types are subject to the applicable frontage type requirements and all other development, design, and operational standards of the applicable zone.

See Table 11.20-1 for zone abbreviations.

See Table 11.21-2 for the abbreviations for the general land use permit types and processes. in Chapter7.80.

Adininistrative plan review required; see Section , Administrative permits and approvals.

Discretionaiy plan review required; see Section , Discretionary permits and approvals.

See Section 11.25.060 for use zone limitations for this use.

Indoor cultivation for aon be a
\4C=48
Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pineliurst Ave.

December 5, 2024

lhel)epat4ment ot Pai*s nnd Hecrrnhonslinli rrvyrw and tssur n rrrnmwndntmn tnr rmnrnvnl in th4 Commission(:

ADlecpoallrotn"xean'tnjf'Praornk:nl'nercloR":;4rnr.nlpt'ia'onns'?)tnb{{eree'vainndv nl':ylrllets.<:'urLnLrr(crennnsmey:t'tpdnet4folt)y o(nn:?'Am nnntnry CnmmfssinA
* Housing meeting this definition sliall be permitted, conditionally permitted, or not permitted, per the regulation of other residential dwellings of the sai'ne type in tlie same zone. All standards and regulations of this title governing the regulation of otlier residential dwellings of tlie same type and in the same zone shall apply.

Business Operations
The Sofive Soccer Complex was establislied in South Gate Park in 2019 and has been operating under a Ground Lease Agreement with the City. The business currently operates Monday tlirough Friday from 2:00pm to ll:OOpm, and Saturday and Sunday from 8:00am to 11 :00pm. The facility is staffed with a total of 30 employees. Its onsite caf6 is equipped with a complete kitchen facility; however, cuirently offers a menu of concession-style items such as nachos, fries, chicken tenders, water, and sports drinks. The project seeks to obtain approval to allow the sale of beer and wine for on-site consumption in conjunction with tlie caf6/restaurant. As part of the request, the applicant proposes to operate as a traditional restaurant by incorporating a variety of appetizers, entree meals, and desserts (Attachment 5) to its menu and offering traditional dining services to patrons, Alcoholic beverages are proposed to be served at all times during the business hours of operation, and consumption will only be permitted in designated portions of the clubhouse. A recommended condition of approval will require the applicant to stop selling alcohol at lO:30pm, which is one-half-hour before closing time. The proposed designated areas for consumption of beer and wine encompasses the restaurant dining area (810 square feet), a lounge (589 square feet), paity room (298 square feet), diner/caf6 (120 square feet), and outdoor patio space (1,011 square feet), Consumption of alcohol will be prohibited adjacent to or on the soccer fields. To ensure that alcohol drinks are only consumed within the restaurant, staff recommends a condition of approval prohibiting alcoholic drinks outside of the restaurant, except for the outdoor patio area that is designated for dining. Should an approval be granted, the applicant proposes to hire up to seven (7) full-time employees including bartenders, cooks, and security personnel. The business will operate with eight (8) to ten (10) employees per shift.

The current seating configuration comprises a mix of fixed and non-fixed chairs, tables, and stools for a total of 60 persons. The applicant proposes to increase the current seating capacity to a new total of 88 persons. The proposed seating layout will include communal-style tables throughout restaurant/cat6, with each table having a capacity for eight (8) persons. Three (3) tables will be located in the restaurant dining area, three (3) tables will be located in the lounge, one (l) table is proposed within the party room, and four (4) tables within the outdoor patio area.

Pursuantto SGMC Chapterll.60 (Definitions), a "restaurant" is defined as, "...Any establishi'nent operated for the primary purpose of providing food, beverages, or meals for compensation that has suitable kitchen facilities for the preparation, storage, and service of food... Any bar area with all applicable licenses is typically limited to approximately five hundred square feet or approximately thirty percent of the dining area; bar areas exceeding these limits are classified as a bar." Although, "bars" and "lounges" are not defined within the Zoning Code, they are associated with each other due to their similar operating characteristics. Therefore, should approval of a CUP be granted, staff 49 Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

arecommends a condition requiring that tlie existing lounge area be reduced to a total of 500 square feet. Alteri'iatively, the lounge shall be reclassified as a dining area and be maintained with tables and chairs excluding sofas/couches or other lounge-style seating amenities. This condition will ensure that the business model fulfills the definition of a "restaurant" to ensure it is an allowable use, contingent upon the adoption of the proposed Ordinance amendment.

Off-Street Parking
Pursuant to SGMC Chapter 11.33.040, the minimum off-street parking requirement for Clubs and otlier public assembly spaces is 1 parking space per 100 square feet of floor area used for assembly.

In addition, the minimum requirement for a dine-in restaurant measuring less than 4,000 square feet in floor area is 1 parking space per 100 square feet of gross floor area.

In accordance with the City's parking standards, a total of 95 off-street parking spaces are required for the Sofive Soccer Complex, including its proposed transition from caf6 to restaurant service.

The parking calculations are detailed in the table below:

PARKING REQUIREMENTS
Parking Ratio /
Calculations
(Clubs & other public assembly spaces)
1 space/100 s.f. of floor area used for assembly
Building area = 5,870 s.f.: 58.70 parking spaces
(Restaurant < 4,000 sf of floor area)
I space / 100 s.f. of g.f.a
Building area = 2,580 s.f.: 25.8 parking spaces
Outdoor patio area = 1,011 s.f.: 10.11 parking spaces

58.70 + 25.8 + 10.11 parking spaces = 94.61 = 95 parking spaces Required # of
parking spaces
95 parking spaces
Proposed # of
parking spaces
234 parking spaces
Surplus # of
parking spaces
139 spaces
In accordance with the current Ground Lease Agreement between the applicant and property owner (City of South Gate), the applicant is allowed to use up to 234 of the existing parking spaces within a designated parking area as illustrated in Attachment 3. The project request will not trigger additional parking requirements since there are no proposed tenant improvements, addition or intensification of the existing peri'nitted land uses. Therefore, the project will comply with the off- street parking requirements.
50 Planning Commission (Special Meeting)
(Zorzing Code Amendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

CUP Analysis
As noted above, restaurants and alcohol sales are currently proliibited within the OS zone.

However, if the City Council adopts the proposed Ordinance, restaurants with ancillary alcohol sales will become permitted uses subject to the approval of a Conditional Use Permit. Therefore, the applicant's request for approval of a CUP is contingent upon the adoption of the proposed Ordinance.

In granting approval of a C{JP, the Planning Commission (or the City Council on appeal) shall make all of the following findings, as applicable to the property:

A. Approval of the CUP is consistent with and will not adversely affect the intent and purpose of this title or the City's General Plan in that t1ie City's Gerieral Platx emphasizes promoting quality recreational opporttmities, enhancitxg commtmity ameriities, and supporting sustainable and balanced development. Allowing a dine-in restauratxt/cafe with alcohol sales within the Sofive Soccer Complex supports these goals by providing a social and recreationa/ venue that encourages longer visitation, commtmity engagement, and opportunities for social gathering. The proposed use will riot undermitxe any goals related to opetx space preservation or public health, as it is specifically tied to an active recreatiorxal use (the soccer complex) and will be subject to appropriate coritrols tmder the CUP, including cotxditiom regarding the sale and consumption of alcohol. The proposed use aligns with the General Plarx's policies for improving public amenities and etxhancing the visitor experierice in active recreatiotxal areas.

The Open Space (OS) zoning district is intended to preserve and erxhance opeti space areas for recreation, passive uses, and other public activities. The proposed use of a dirge-in restaurant with alcohol sales complements the recreational and community-oriented txature of the existing Sofive Soccer Complex. As an existing, established sports complex, the proposed restaurarit/caft will provide a food avid beverage optioti that enharices the overall experietxce for visitors to the site. The addition of alcohol sales (beer and wine) in conjunction with this existing use does not conflict with the primary intent of the OS zone, which encourages activities that foster public enjoymetxt and leisure. Furthermore, the request to allow alcohol sales as part of the restaurant operation is desigried to be a controlled, low-impact use that will not interfere with or txegatively affect surrounditxg open Space uSeS.

B. The design and development of the land use and conditions of the CUP are compatible with the existing and future land uses of the applicable zone in that a restaurant/caf6 with ancillary alcoliol sales will be located within the existing Sofive soccer complex, which is an active recreational facility t1iat serves the surrotmding commtmity. This use is etitirely consistent with the current purpose of the Operi Space (OS) zorie, which is to provide space for recreatiomil, community-serving, arid public activities. The existing soccer complex is already a destination for social and recreational activities, and t1ie addition of a restaurarit with alcohol service is an enhancement that will directly support and complement these existing uses. The design of the restaurant and its integration with the soccer complex 51 Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

ensures that it is a low-impact, supportive use that does not conflict with the recreational ftmctiotxs of the property.

The Operi Space (OS) zotxe is typically interided to preserve areas for parks, recreational facilities, and other uses that promote public enjoymetxt of outdoor spaces. The proposed restauram/caft avid alcohol sales are consistent with this long-term vision, as they serve to etxrich the visitor experience and provide an amenity for users of the facility. The itxtroduction offood and beverage services, including cdcohol, is compatible with the types of reeecitional uses envisionedfor the OS zoriing district. ,4s such, theproposed developmerit aligns with the City's goal of providitxg diverse cmd etxgaging recreational experietxces, and it will riot hinder t1ie future uses or long-term development of the zone.

The locatiotx of the restaurant/caft within the Sofive Soccer Complex will be sensitive to the open space environment. No site improvements or changes to the physical character of the complex are proposed, and the existing latxdscaping, parkitxg, arid recreational areas will remain intact. This emures that the open space arid recreatiorxal qualities of the site are preserved while providing a complemeritary service to those using the complex. The project does not alter the ftmdamental purpose or aesthetic of the OS zoning district but itstead enliatxces it by providitg a social space for visitors.

C. Approval of the CUP would not result in detrimental impacts to adjacent propeities or to the character or function of the neighborliood in that the proposed use is located within the established Sofive soccer complex, which already serves as a community-oriented recreational facility. This facility is designed to accommodate high levels of activity and visitor traffic, itxcluditxg sports events, social gatherings, and commtmity ftmctiotis. The additiotx of a restaurant/caft with alcohol sales will not significantly alter the tiature ofthe existitxg use, but rather will enhcmce the visitor experience iri a way that is consistent with the recreational atmosphere. ,4s the property is already a hub of activity, the proposed land use is compatible with the existitxg character and functiori of the site and will riot introduce atxy uses that are out of character wit1i the surrounding recreational enviroriment.

The recommended cotxditions of approval will ensure that the sale and consumptiotx of alcohol is done responsibly avid does riot txegatively impact the surrounding residential, school, and church uses. These cotxditions itxclude limits ori the hours of alcohol service to align with family-friendly arid community-orierited activities at the soccer complex, arid to minimize conflicts with adjacerit semitive uses. Specifically, the restaurant will be required to cease alcohol sales at least one-half-hour prior to closing, ensuring that alcohol-related activity does not extend beyond the busirxess hours. These conditions are designed to mitximize any potential for noise, loitering, or disruptive behavior. Anot1ier conditiotx of approval will prohibit the consumptiotx of alcohol on the soccer fields or adjacetxt areas.

This restrictiori ensures that alcohol cotxsumption is corijmed to the designated restaurant/caft area and will not spill over itito t1ie recreational fields or surrotmding opetx space. By limititxg alcohol consumption to a coritrolled and supervised etxvirotxment, the CUP etxsures that the primary use of the fields for sports and family-friendly activities remains tmaffected. This mitigates arxy concertxs regarditxg disruptive behavior or alcohol- 52 Planning Commission (Special Meeting)
(Zoning Code Ai'nendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

related issues on t1iefields, wliich could be detrimental to the safety, enjoymetxt, aridfutxction of tlie recreational facility.

Conclusion
Based on the above analysis, the staff has determined that with the adoption of the proposed Ordinance and the recommended conditions of approval, the proposed project will comply with the SGMC, and all the reqriired findings in suppoit of a CUP will be made.

ENVIRONMENTAL ANALYSIS:

The Planning Commission's act of recommending adoption of the Zoning Code Amendinent is not subject to CEQA review because it is not an "approval" of the Zoning Code Amendment, as defined in CEQA Guidelines Section 15352, but is rather a recommendation of approval, and therefore does not commit the City to any definite course of action regarding the Zoning Code Amendment.

Furthermore, in accordance with the Califomia Environmental Quality Act (CEQA), this project (reqriest for approval of a CUP) qualifies for a categorical exemption under CEQA Guidelines Section 15301, (Class l) "Existing Facilities", in that the project will not result in any alterations or expansion to the existing buildings within tlie project site.

COMMENTS FROM OTHER DEPARTMENTS:

Staff routed the project for comments to several City Departments including the Public Works, Parks and Recreation, Police Department, Code Enforcement, and the Building & Safety Division.

If the project is approved, the comments received from the departments would be incorporated as conditions of approval.

RECOMMENDATION:

Based on the evidence presented, Staff recommends that the Planning Commission consider:

1. Adopting Resolution No. 2024-07 recommending City Council approval of a Zoning Code Ai'nendment to adopt an Ordinance, amending Chapter 11.21 (Land Use Types) of Title 11 (Zoning) of the SGMC, relating to alcohol sales within the Open Space (OS) zoning district.

2. Finding that the project is Categorically Exempt from the CEQA under Section 15301, (Class 1) "Existing Facilities", make the required findings and requirements set forth in the South Gate Municipal Code, and approve the application for Conditional Use Permit (CUP 24-15) subject to the following proposed conditions of approval and/or other conditions tliat the Planning Commission may wish to impose. 53 Planning Commission (Special Meeting)
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December 5, 2024
Page II of 15
CONDITIONS OF APPROVAL:

Planning Division

1. The peri'nittee shall agree to defend, indemnify and hold harmless tlie City of South Gate, its agents, officers, and employees from any claim, action, or proceeding against the City of Sorith Gate or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of South Gate, its legislative body, advisory agencies, or administrative officers concerning tlie issuance of the permit to which these conditions are attaclied. The City of South Gate will promptly notify the permittee of any such claim, action, or proceeding against the City of Sorith Gate and the permittee will either undertake the defense of the matter and pay the City's associated legal or other consultant costs or will advance funds to pay for the defense of the matter by the City Attorney. If the City of South Gate fails to promptly notify the permittee of any such claim, action, or proceeding or fails to cooperate fully in tlie defense, the permittee shall not, thereafter, be responsible for defending, indemnify or hold harmless the City of South Gate. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter withorit the permittee's consent, but should it do so, the City shall waive the indemnification herein, except the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

2. Except as set forth in subsequent conditions, all-inclusive, tlie propeity shall be developed substantially in accordance with the application, environmental assessment, and plans submitted to the City in the permittee's application for this permit and any modifications thereof imposed by the City as a condition of the issuance of this permit. 3, The proposed project shall comply with all Federal, State, County, and Local laws and ordinances that may apply to this permit, stated herein or not.

4. If determined to be required by the Building & Safety Division, the peri'nittee shall submit plans to the Los Angeles County Fire Department for review for compliance with Fire regulations prior to the issuance of Building Permits. Proof of Fire Department approval (including sprinkler plan approval) is required. If revisions are made to the project plans (i.e. setbacks, building height, building design, driveway width, driveway configuration, landscaping, etc.) as a result of Fire Department reqriirements, changes to the plans may require Planning Commission review and approval as determined by the Community Development Director.

5. The proposed use shall be conducted, and the property be maintained in a clean, neat, quiet, and orderly manner at all times pursuant to South Gate Municipal Code Section 5.08.020(A). 6, The approval of this permit, and the permit itself, shall expire if the entitlement is not exercised within one (1) year from the date of approval by the Planning Commission, rinless an extension has been granted by the Planning Commission.
54 Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

7. The permittee shall obtain the approvals, clearances, permits, and/or licenses required from City departments and outside agencies (i.e. County of Los Angeles Public Health Department, California Depaitment of Alcoliolic Beverage Control, and South Gate Building & Safety) prior to the expiration of this entitlement.

8. No alcoholic beverages, including beer and wine, shall be sold from the premises for off- premises consumption.

9. No alcohol sales displays shall be permitted that are visible from the public street or parking lot.

10. Employees selling alcoholic beverages shall be of an age consistent with Section 25663 of the California Business and Professions Code.

11. The validity of the permit shall be conditioned on compliance with all state regulations and conditions.

12. The premises shall be maintained at all times in a neat and orderly manner.

13. Trash receptacles shall be provided in sucli number and at SLICII locations as specified by the Planning Commission.

14. All alcoholic beverages sales, offerings, and consumption shall be conducted completely within the enclosed building or permitted outdoor patio seating area for on-sale uses.

15. Building and site design and maintenance shall be consistent with the standards of the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood.

16. The permittee shall be responsible for the conduct of all employees, including their education concerning Alcoholic Beverage Control regulations and provisions of the South Gate Municipal Code pertaining to sales of alcohol (e.g., verification of age of purchaser).

17. The permittee shall acknowledge that the city lias specifically reserved the right and authority to impose sanctions, including suspension or revocation of the permit, as a consequence of one or more violations of a state statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor.

18. The permit shall be subject to compliance review of the property and permit conditions at Planning-Commission-established intervals; the first compliance review shall occur within six months of permit issuance or actuation.
55 Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pineliurst Ave.

December 5, 2024

19. Any kitchen facility on premises (in conjunction with a restaurant) shall be maintained at all times in a clean and sanitary condition.

20. Adequate refrigeration shall be maintained at all times for the preservation of any food on tlie pertnittee's premises.

21. The permit shall, after notice to the permittee and an opportunity to be heard, be subject to additional conditions to maintain or remedy land use compatibility, security, or crime control iSsues that have arisen since the issuance of the permit.

22. The sales of alcohol shall cease at lO:30pm, or one-half hour before closing, whichever is earlier.

23. All alcoholic beverages sales, offerings, and consumption shall be prohibited on the playing fields and areas adjacent to the playing fields.

24. The existing lounge area shall be reduced to a total of 500 square feet. Alternatively, the lounge shall be reclassified on the plans as a dining area and be maintained with tables and chairs excluding sofas/couches or other lounge-style seating amenities.

25. All noise shall be contained within the facility's structure only and shall not carry out into adjacent parking areas.

26. The permittee shall post on-premises signs within and throughout the facility structure in a manner that meaningfully advises peri'nittee's patrons that they may not loiter after permittee's scheduled hours of operation in the designated joint use parking area and must leave within 30 minutes after closing. The permittee shall take reasonable steps as may be necessary to monitor the designated joint use parking area to ensure material compliance with this condition.

27. All equipment, furniture, or other appurtenances that are not in use shall be kept inside the building. Outdoor storage shall not be permitted.

28. Approval of this peri'nit shall not become effective until the effective approval date of the amended Ground Lease Agreement between City Council/City of South Gate and Tenant ("Sofive Soccer Centers.") to allow for the alcohol sales for on-site consumption within the premises.

29. If the City's Director of Parks and Recreation believes that the sale of alcohol pursuant to this permit is creating risks to public safety, permittee shall, upon notice from said Director, meet with the Director informally to discuss mitigating those risks by implementing mutually agreeable modifications to permittee's alcohol sales operations. Such modifications may include changing the hours when alcohol is served, adding security personnel when alcohol is served, or other changes acceptable to the Director and permittee. Nothing in this Condition No. 29 constitutes a waiver of the City's rights under Condition No. 34. 56 Planning Commission (Special Meeting)
(Zoning Code Amendment & CUP 24-15) - 9599 Pineliurst Ave.

December 5, 2024

30. The Community Development Director is authorized to make minor modifications to the approved preliminary plans or any of tlie conditions if such modifications achieve substantially the same results, as with strict compliance with said plans and conditions.

31. Perinittee shall obtain its City of South Gate Business License prior to commencing business operations.

32. Violation of, or noncompliance with, any of these conditions shall constitute grounds for revocation of this permit.

33. Permittee shall agree to maintain (and/or cause its landlord to maintain, if the permittee is a tenant) the property and all related on-site improvements and landscaping thereon, including without limitation, buildings, parking areas, lighting, signs, and walls in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all Federal, State, County and local bodies and agencies having jurisdiction, at permittee's sole cost and expense.

Such maintenance and repair shall include, but not be limited to the following: (i) sweeping and the removal of trash and debris as soon as possible but at least within 24 hours; (ii) the care of all shrubbery, plantings and other landscaping in a healthy condition and replacement of diseased or dead plant material with new material at an age similar to the material being replaced; (iii) maintenance of all irrigation systems in properly operating condition; (iv) the removal of graffiti within 24 hours; and (v) the repair, replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such paving at all times be kept in a level and smooth condition.

34. If the application for this permit, or any conditions of the permit, violate the Zoning Code or do not fulfill the intent of the Code, the Planning Commission shall, following a public hearing, be authorized to take the following actions:
a. Revoke the permit, revoke and reissue the permit with new or modified conditions, or modify the conditions of the existing permit as may be appropriate under the circumstances.
b. Impose, as a condition of the continuation, reinstatement, or reissuance of the permit, a requirement that the permittee reimburse the City for all costs and expenses reasonably incurred in investigating, identifying, and documenting the violation, and in processing information concerning the violation for presentation to the Planning Commission, and, upon any appeal, to the City Council.
c. This permit shall be revocable if the exercises of rights granted by the permit are discontinued for 6 consecutive months. The use subject to the peri'nit may not be resumed of the permit is revoked; a new permit, including processing and public notification, shall be required.
57 Planning Commission (Special Meeting) i
(Zoning Code Amendment & CUP 24-15) - 9599 Pinehurst Ave.

December 5, 2024

35. The peri'nittee shall agree in writing to the above conditions.

Building & Safety

36. The perinittee shall submit plans, including a complete site plan for building plan check to review the proposed increase occupancy. The plans shall comply with all building code requirements applicable to occupancy loads and the minimum egress requirements. The plans shall also identify a clear exiting path and dispersal area.

37. The permittee shall provide a copy of plans approved by the Los Angeles County Public Health Depaitment.

38. Address numbers shall be installed to the front of the building to the satisfaction of the Building Depaitment.

39. The permittee shall obtain the necessary approval, permit, and inspection to legalize the signage located above the main building entrance.

40. The damaged stucco wall areas around the exterior of the building shall be patched, repaired, and painted.

41. The non-functional water closet located inside the men's restroom shall be repaired.

42. The chains and padlocks on existing gates located throughout the playing fields shall be removed to ensure proper functionality of their panic hardware and emergency egress.

43. All of the appurtenances blocking the "exit" door adjacent to the kitchen area shall be removed to ensure it remains accessible.

44. The bent steel posts supporting the netting on the playing fields shall be repaired or replaced.

45. The damaged drywall areas and light fixtures shall be repaired.

46. Junction boxes with exposed electrical wiring shall be properly sealed.

ATT ACHMENTS:

Resolution No. 2024-07 and draft Ordinance
Applicant submittal including Site Plan and floor plans Ground Lease Agreement (Sofive and City of South Gate) Recommendation letter from Department of Parks and Recreation Proposed Food Menu
Public Comments
tP 58
RESOLUTION N0. 2024-07

A RESOLUTION OF THE CITY OF SOUTH GATE PLANNING COMMISSION

RECOMMENDING CITY COUNCIL APPROVAL OF A ZONING CODE AMENDMENT TO ADOPT AN ORDINANCE, AMENDING CHAPTER 11.21 (LAND USE TYPES) OF TITLE 11 (ZONING) OF THE SOUTH GATE MUNICIPAL CODE (SGMC), RELATING TO REST AtJRANTS WITH ANCILLARY ALCOHOL SALES WITHIN THE OPEN SP ACE (OS) ZONING DISTRICTi AND A CONDITIONAL USE PERMIT (CUP) TO ALLOW THE SALES OF ALCOHOL (ABC LICENSE TYPE 41 - BEER AND WINE) FOR ON-SITE CONSUMPTION IN

CONJUNCTION WITH AN EXISTING REST AURANT/CAFE LOCATED WITHIN A SOCCER FACILITY ("SOFIVE") AT 9599 PINEHURST AYE.

WHEREAS, the City of South Gate is committed to fostering vibrant, diverse, and sustainable community spaces that encourage economic development and ei'ihance tlie quality of life for residents and visitors alike; and
WHEREAS, the Open Space (OS) zoning district is designated for areas that are primarily dedicated to parks, recreational facilities, and natural areas, with the intent to preserve open land and provide public recreational opportunities; and
WHEREAS, the addition of dine-in restaurants with ancillary alcoliol sales in select Open Space areas can provide greater amenities for visitors, encorirage longer visits, and create a welcoming atmosphere for families, tourists, and local residents to enjoy priblic spaces; and WHEREAS, the City is committed to ensuring tliat any restaurant witli ancillary alcohol use witliin the Open Space zone will be subject to appropriate regulations to ensure compatibility with the surrorutding enviroi'unent, preserve public health and safety, and minimize any negative impacts on the natural landscape or nearby residents; and
WHEREAS, the City Manager initiated an Ordinance amendment to allow dine-in restauraztts with ancillary alcohol sales witliin the Open Space (OS) zoning district; and WHEREAS, F. Micliael Ayaz, Esq., on behalf of Goals Soccer Centers, Inc. DBA Sofive Soccer Centers South Gate ("the Applicant"), filed a complete application requesting the approval of a Conditional Use Peri'nit (CUP 24-15) described herein ("Application"); and WHEREAS, tlie Application pertains to an approximately 8,450 square-foot facility within South Gate Park property having Los Angeles County Assessor's Parcel Number 6222-023-900, more commonly known as 9599 Pinehurst Avenue, South Gate, California ("Propeity"); WHEREAS, the Applicant requests approval of a Conditional Use Peri'nit (C{TP) to allow the sales of alcohol (ABC License Type 41- beer and wine) for on-site consumption in conjunction with an existing restarirant/cafi". If the City Council adopts the proposed Ordinance, restaurants with ancillary alcohol sales will become pennitted uses subject to tlie approval of a Conditional Use Permit. Therefore, the Applicant's request for approval of a CUP is contingent upon tlie adoption of the proposed Ordinance; and Planning Commission Resolution No. 2024-07
December 5, 2024

59 WHEREAS, Pursuant to South Gate Municipal Code, Cliapter 11.52.030, before a CUP may be granted, tlie Planning Commission (or tlie city council on appeal) shall make all of the following findings, as applicable to the property:
(a) Approval of the CUP is consistent with and will not adversely affect the intent and purpose of this title or the city's General Plan.
(b) The design and development of tlie land rise and conditions of the C{JP are compatible with the existing and future land uses of the applicable zone. (c) Approval of tlie CUP worild not result in detrimental impacts to adjacent propeities or to tlie character or function of tl'ie neigl'iborhood.

WHEREAS, i'iotice of the Plai'uiing Commission special public liearing of December 5, 2024, was published in compliance witl'i State law in a local newspaper of general circulation. In addition, a priblic notice was mailed 14 days in advance of the liearing to each property owner, occupants and resident within a 1000-foot radiris of the project site, indicating the date and time of the public hearing in accordance with California Governi'nent Code 65091; and
WHEREAS, on December 5, 2024 the Planning Commission held a special public hearing to receive public testimony and other evidence regarding the Zoning Code Amendment and CUP Application, including withorit limitation, information provided to the Planning Commission by City staff and public testimony; and
WHEREAS, tliis Resolution and its findings are made based upon evidence presented to the Commission at its public hearing including, witl'iout limitation, the staff report submitted by the Community Development Department; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have been met.

NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND DECLARE AS FOLLOWS:

SECTION 1. All of the facts set forth in the recitals are true and correct and are incorporated herein by reference.

SECTION 2. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings:

Zoning Code Amendment
A. The addition of dine-in restaurants with ancillai7 alcohol sales in select Open Space areas can provide greater amenities for visitors, encourage longer visits, and create a welcoming atmosphere for families, tourists, and local residents to enjoy public spaces. The proposed ordinance would allow for responsible, small-scale, sit-down dining and the ancillary sale of alcohol at specific locations within the Open Space zone, subject to approval of a Conditional Use Permit (CUP) and compliance with all applicable local, state, and federal laws regarding alcohol service and consumption.

Planning Commission Resolution No. 2024-07
December 5, 2024

,i9,' 60
B. The Planning Commission's act of recommending adoption of the proposed Ordinance is not subject to CEQA review because it is not an "approval" of the Zoning Code Amendment, as defined in CEQA Guidelines Section 15352, but is rather a recommendation of approval, and therefore does not commit the City to any definite course of action regarding the Zoning Code Amendment.

Conditional Use Permit
C. Approval of the CUP is consistent with and will not adversely affect the intent and purpose of this title or the city's General Plan in that the City's GeneralPlan einphasizes promoting quality recreational opportunities, enhancing coininunity ainenities, and supporting sustainable and balanced developinent. Allowing a dine-in restaurant/cafi with alcohol sales within the Sofive soccer coinplex svtpports these goals by providing a social and recreational venue that encourages longer visitation, cominunity engageinent, and opportvmities for social gathering. The proposed use will not underinirxe any goals related to open space preservation or public health, as it is specifically tied to an active recreational use (the soccer coinplex) and will be subject to appropriate controls under the CUP, inchtding conditions regarding the sale and consumption of alcohol. The proposed use aligns with the Gerteral Plan's policies for improving public amenities and enhancing the visitor experience in active recreational areas.

The Open Space (OS) zoning district is intended to preserve and enhance open space areas for recreation, passive uses, and other public activities. The proposed use of a dine-in restaurant with alcohol sales coinpleinents the recreational and convmmity-oriented nature of the existing Sofive soccer coinplex. As an existing, established sports complex, the proposed restaurant/cafi will provide a food and beverage option that enhances the overall experience for visitoi"g to the site. The addition of alcohol sales (beer and wine) in cony'ymction with this existing use does not conflict with the primaiy iment of the OS zone, which encourages activities that foster public enjoyment and leisure. Furtherinore, the request to allow alcohol sales as part of the restaurant operation is designed to be a controlled, low-impact use that will not interfere with or negatively affect surrounding Open SpaCe uSeS.

D. The design and development of the land use and conditions of the CUP are compatible with the existing and future land uses of the applicable zone in that a restaurant/cafi with ancillary alcohol sales will be located within the existing Sofive soccer complex, which is an active recreational facility that serves the surrounding coinmrmity. This use is entirely consistent with the current purpose of the Open Space (OS) zone, which is to provide space for recreational, cominunity-serving, and public activities. The existing soccer complex is already a destination for social and recreational activities, and the addition of a restaurant with alcohol service is an enhancement that will directly support and complement these existing uses. The design of the restaurant and its integration with the soccer complex ensures that it is a low-impact, sttpportive use that does not conflict with the recreational functions of the property.

The Open Space (OS) zone is typically intended to preserve areas for parks, recreational facilities, and other uses that promote public enjoyment of outdoor spaces. The proposed restaurant/cafi and alcohol sales are consistent with this long-terin vision, as they serve to enrich the visitor experience and provide an amenity for users of the facility. The introduction offood and beverage services, inchtding alcohol, is compatible with the types Planning Commission Resolution No. 2024-07
December 5, 2024

5/361
of recreational uses envisioned for the OS zoning district. As such, the proposed developinent aligns with the City's goal of providing diverse and engaging recreational experiences, and it will not hinder the fidure uses or long-terin developinent of the zone.

The location of the restaurant/cafi within the Sofive soccer coinplex will be sensitive to the open space environinent. No site improveinents or changes to the physical character of the coinplex are proposed, and the existing landscaping, parking, and recreational areas 14/il7 reinain intact. This ensures that the open space and recreational qualities of the site are preserved while providing a coinpleinentaiy service to those using the coinplex. The project does not alter the fimdainental purpose or aesthetic of the OS zoning district but instead enhances it by providing a social space for visitors.

E. Approval of the CUP would not result in detrimental impacts to adjacent properties or to the character or function of the neighborhood in that the proposed use is located within the established Sofive soccer complex, which already serves as a community- oriented recreational facility. This facility is designed to accoimnodate high levels of activity and visitor traffic, including sports events, social gatherings, arid community functions. The addition of a restaurant/caj6 with alcohol sales will not significantly alter the nature of the existing use, but rather will enhance the visitor experience in a way that is consistent with the recreational atmosphere. As the property is already a hub of activity, the proposed land use is coinpatible with the existing character andfunctiori of the site and will not introduce any uses that are out of character with the surrounding recreational environinent.

The recoinmended conditions of approval will ensure that the sale and consumption of alcohol is done responsibly and does not negatively iinpact the surrounding residential, school, and church uses. These conditiom include limits on the hours of alcohol service to align with family-friendly and coininunity-oriented activities at the soccer complex, and to minimize conflicts with adjacentsensitive uses. Specifically, the restaurantwill be required to cease alcohol sales at least one hour prior to closing, ensuring that alcohol-related activity does not extend beyond the business houis. These conditions are designed to minimize any potential for noise, loitering, or disrttptive behavior. Another condition of approval will prohibit the consumption of alcohol on the soccer fields or adjacent areas.

This restriction ensures that alcohol consumption is confined to the designated restaurant/cafi area and will not spill over into the recreational fields or surrovmding open space. By limiting alcohol consuinption to a controlled and supervised environinent, the CUP ensures that the primary use of the fields for sports and family-friendly activities remains unaffected. This mitigates any concerns regarding disrttptive behavior or alcohol- related issues on the fields, which could be detriinental to the safety, enjoyment, and function of the recreational facility.

SECTION 3. The Plaru'iing Commission reviewed the project's environmental impacts under the California Environ+'nental Quality Act (California Public Resources Code Section 21000, et seq., "CEQA") and the regulations promulgated tliereunder (14 California Code of Regulations Section 15000, et seq., the "CEQA Guidelines") and finds the project to be exempt under a Class 1 Categorical Exeinption pursuant to section 15301 (Existing Facilities) of tbe CEQA Guidelines (Title 14, Cliapter 3 of the California Code of Regulations); and
Planning Commission Resolution No. 2024-07
December 5, 2024

62 SECTION 4. The Plai'u'iing Commission hereby recommends City Council approval of a Zoning Code Amendment to adopt the proposed Ordinance (Exhibit "A"), amending Chapter 11.21 (Land Use Types) of Title 11 (Zoning) of the SGMC, relating to restaurants and ancillaiy alcohol sales within the Open Space (OS) zoning district; and approves Conditional Use Permit (C{JP 24-15) contingent ripon City Council's adoption of the proposed Ordinance, and subject to the execution and fulfillment of Conditions of Approval set fortli in Exl'iibit "B" attaclied to tliis Resolution.

This recommendation was adopted by the following vote at tlie Plai'uiing Commission meeting of December 5, 2024.

AYES:

NOES:

Approved and ADOPTED this 5' of December 2024.

John F. Signo, AICP
Planning Manager
APPROVED:

Jimmy Ozaeta
Chairperson
City Planning Commission
Planning Commission Resolution No. 2024-07
December 5, 2024

t,,, 63
Exhibit 114"
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THF,

CITY OF SOUTH GATE, CALIFORNIA, AMENDING
CHAPTER 11.21 (LAND USE TYPES) OF TITLE 11
(ZONING) OF THE SOUTH GATE MUNICIPAL CODE
(SGMC), RELATING TO ALLOWING DINE-IN

REST AURANTS AND ANCILLARY ALCOHOL SALES
WITHIN THE OPEN SPACE (OS) ZONE.

WHEREAS, the City of South Gate is committed to fostering vibrant, diverse, and sustainable community spaces that encourage economic development and enhance the quality of life for residents and visitors alike; and
WHEREAS, the Open Space (OS) zoning district is designated for areas that are primarily dedicated to parks, recreational facilities, and natural areas, with the intent to preserve open land and provide public recreational opportunities; and
WHEREAS, the City recognizes tliat integrating compatible, complementary uses such as dining and restaurant services within certain Open Space areas can enhance the public's experience of parks and open spaces, while suppoiting local businesses and promoting economic development; and
WHEREAS, the addition of dine-in restaurants and alcohol sales in select Open Space areas can provide greater amenities for visitors, encourage longer visits, and create a welcoming atmosphere for families, tourists, and local residents to enjoy public spaces; and WHEREAS, the presence of restaurants and alcohol sales in designated Open Space areas will create opportunities for local businesses to thrive, attracting new customers, and boosting the local economy; and
WHEREAS, the City is committed to ensuring tliat any restaurant and alcohol use within the Open Space zone will be subject to appropriate regulations to ensure compatibility with the surrounding environment, preserve public health and safety, and minimize any negative impacts on the natural landscape or nearby residents; and
WHEREAS, the proposed ordinance would allow for responsible, small-scale, sit-down dining and the sale of alcohol at specific locations within the Open Space zone, subject to approval of a Conditional Use Permit (CUP) and compliance with all applicable local, state, and federal laws regarding alcohol service and consumption; and 64 Exhibit LEA"
WHEREAS, the City Council believes tliat approving dine-in restaurant uses with alcohol sales within the Open Space zone aligns with the City's broader goals of promoting recreation, community engagement, and sustainable economic development, while also preserving the intent of the Open Space zoning designation;
WHEREAS, tlie City's Zoning Code, together with the City's General Plan, Specific Plans and Zoning Map, divide tlie City into varioris geographical use zones; and WHEREAS, land use permission tables in Section 11.21.030 of the Zoning Code establish the uses to which land in each zone may be put; and WHEREAS, Table 11.21-5 specifies uses allowed in the OS zone; and WHEREAS, under this table, dine-in restaurants and alcohol sales currently are not listed as permitted uses in the OS zone; and
WHEREAS, the City Council has determined it to be in the best interest of the City to include "dine-in restaurants" and "alcohol sales" as allowed land use types within Table 11.21-5 (Residential Neighborhood Zone Allowed Land Uses) subject to the approval of a CUP.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Table 11.21-5 of the City's Zoning Code is liereby amended to permit dine- in restaurants and alcohol sales as an accessory use in the Open Space (OS) zoning district, subject to the approval of a C{JP and in accordance with applicable regulations by adding tlie highlighted italics language as shown below:

Table 11.21-5 Residential Neighborhood Zone Allowed Land Uses Land Use Type (l)
Zones Additional Use
RegulationsNL I NM I MH I CV I OS
Residential Uses
Accessory Structures P P P P P Chapter
Child Day Care Facility, Small Family I-Ioi'ne P P P x x p Child Day Care Facility, Large Family Home P P P x x 7 Cottage Food Operation P P P x x Chapter
Duplex/Two-Family Residential P P P x x
Greenhouse P P x x CUP
Live/Work Unit P P x x x Cliapter ; .
_80, 7
Mobile Home/Mobile Home Park (A-P) P P P x x p
Multifamily Residential (A-P) x P x x x 11.25.070, l1.2_i.08_0, _11.33.090
65 Exhibit 114"
Land Use Type (l)
Zones Additional Use
RegulationsNL NM MH CV OS
Personal Propeity Sales T T T T x ____2.10.610
Residential Care Facilities, Small P P x x x
Residential Care Facilities, Large x P x x x
Single-Family Residential P P x x x
Single-Rooin-Occupancy Apaitments (A-P) x P x x x and consistent witli the
housing element
Second Dwelling Unit (A-P) P x x x x Chapter ___11.43 Senior/Age-Restricted Dwelling (A-P) P P P x x
Suppoitive Horising* P P P x x
Transitional Horising* P P P x x
Recreation, Education, Public Assembly Uses
College, Nontraditional Campus x x x P x
College, Traditional Campus x x x CUP x
Community Assembly (A-P) x x CUP CUP x p
Library/Gallery/Museum (A-P) x x x P x
School P P x P x
Parks/Plazas/Open Space Uses
Outdoor Amphitheater (A-P) x x x P P
Parks/Recreation Facility, Limited P P P P P
Parks/Recreation Facility, Full x x x P P
Public Garden P P P P P
Civic/Institutional Uses
Adult Day Care Center, General x x x CUP x
Adult Day Care Center, Limited P P P CUP x
Child Day Care Facility, Day Care Center, Standalone Facility CtTP CUP x CUP x 7 Hospital (D) x x x CUP x
Institutions (D) x x x CUP x
Public/Utility/Energy Uses
Communications Eqriipment CUP CUP CUP CUP CUP
Fire/Police Station/Substation CUP CUP CUP P x
Parking Facility x CUP x P P Public or commercial
Public/Government Building x x x P x
Power Distribution Substation CUP CUP CUP x x
Public Utility, Structure or Yard x x x CUP CUP
t3 66
Exhibit 114"
Land Use Type (l)
Zones Additional Use
RegulationsNL NM MH CV OS
Renewable Energy System, Building Mounted (A-P) P P P P P % Renewable Energy System, Standalone Ground Mounted (D) CUP CUP CUP CUP CUP % Transit Station/Stop P P P P P
Utility Metering/Distribution x x CUP CUP CUP
Commercial Uses
Open Field Growing P P x x CUP
Personal Services, Fitness/Health Facility x x x P x Stables, Equestrian, Commercial/Private (l) x CUP x x x Marijuana (Coi'nmercial Cannabis
Activity)/Deliveries/Manufacturing/Cultivation/Possession/Proces sing/Storing/Laboratoiy Testing/Labeling/Distribution/Sale of Cannabis and Marijuana Products/Commercial and Personal Outdoor Cultivation (2)
x x x x x Chapter __7.80
8111 a al all
W(avtadhat, Ihne /77 (.'ll m m W N 3
aaixat i r fflM i i ix a a a a a
@r{A'?J/"iYN/a- aS rnrt nt (l hPStnurnnt (40 m m m m %-,(T71lnnM IHQ Recycling Facilities
Mobile Recycling Unit X x x CUP CUP _L!
Recycling/Collections Facilities, Small x x x CUP x p Notes: All land use types are subject to tlie applicable frontage type requirements and all other development, design, and operational standards of tlie applicable zone.

See Table 11.20-1 for zone abbreviations.

See Table 11.21-2 for the abbreviations for the general land rise permit types and processes.

Administrative plan review required; see Section , Administrative permits and approvals.

Discretionary plan review required; see Section , Discretionary permits and approvals.

See Section 11.25.060 for use zone limitations for this use.

Indoorcultivationfor a be a there,<ulationsinChapter7.80. * Housing meeting this definition shall be permitted, conditionally permitted, or not peimitted, per the regulation of otlier residential dwellings of the same type in the sai'ne zone. All standards and regulations of tliis title governing the regulation of other residential dwellings of the same type and in the same zone shall apply. 67 Exhibit LEA"
SECTION 2. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the envirom'nent but will include new allowable land use types within the Open Space zone in the City. Entitlements will require review, and CEQA analysis will be performed for specific projects.

SECTION 3. If any Section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any couit of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every Section, subsection, sentence, clarise and phrase thereof not declared invalid or unconstitutional without regard to whether any poition of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law.

SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.

ADOPTED this day of ,,, 2025
CITY OF SOUTH GATE:

Gil Hurtado, Mayor
ATTEST:

Yodit Glaze, City Clerk
(Seal)
APPROVED AS TO FORM:

Rail F. Salinas, City Attorney
\,,O68
Exhibit "B"
CONDITIONS OF APPROVAL (permit 24-15)
Violation of, or noncompliance with, any of these conditions shall constitute grounds for revocation of this Conditional Use Permit ("permit'5):

Planning Division

1. The permittee shall agree to defend, indemnify and hold harmless the City of South Gate, its agents, officers, and employees from any claim, action, or proceeding against the City of South Gate or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of South Gate, its legislative body, advisory agencies, or administrative officers concerning the issuance of the permit to which these conditions are attached. The City of South Gate will promptly notify tlie permittee of any such claim, action, or proceeding against the City of South Gate and the permittee will either undertake the defense of the matter and pay the City's associated legal or other consultant costs or will advance funds to pay for the defense of the matter by the City Attorney. If the City of South Gate fails to promptly notify the permittee of any such claim, action, or proceeding or fails to cooperate fully in tlie defense, the permittee shall not, thereafter, be responsible for defending, indemnify or hold harmless the City of South Gate. Notwithstanding the foregoing, the City retains the right to settle or abandon tlie matter without the permittee's consent, but should it do so, the City shall waive the indemnification herein, except the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, sliall not cause a waiver of the indemnification rights herein.

2. Except as set forth in subsequent conditions, all-inclusive, the property shall be developed substantially in accordance witli the application, environmental assessment, and plans submitted to the City in the permittee's application for this permit and any modifications thereof imposed by the City as a condition of the issuance of this permit.

3. The proposed project shall comply with all Federal, State, County, and Local laws and ordinances that may apply to this permit, stated herein or not.

4. If determined to be required by the Building & Safety Division, the permittee shall submit plans to the Los Angeles County Fire Department for review for compliance with Fire regulations prior to the issuance of Building Permits. Proof of Fire Depaitment approval (including sprinkler plan approval) is required. If revisions are made to the project plans (i.e. setbacks, building height, building design, driveway width, driveway configuration, landscaping, etc.) as a result ofFire Department requirements, changes to the plans may require Planning Commission review and approval as determined by the Community Development Director.

5. The proposed use shall be conducted, and the property be maintained in a clean, neat, quiet, and orderly manner at all times pursuant to South Gate Municipal Code Section 5.08.020(A). 69 Exhibit "B"

6. The approval of this permit, and the peri'nit itself, shall expire if the entitlement is not exercised within one (l) year from tlie date of approval by the Planning Commission, unless an extension has been granted by the Planning Commission.

7. The peri'nittee shall obtain the approvals, clearances, permits, and/or licenses required from City depaitments and outside agencies (i.e. County of Los Angeles Public Health Depaitment, California Department of Alcoholic Beverage Control, and South Gate Building & Safety) prior to the expiration of this entitlement.

8. No alcol'iolic beverages, including beer and wine, shall be sold from the premises for off- premises consumption.

9. No alcohol sales displays shall be permitted that are visible from the public street or parking lot.

10. Employees selling alcoholic beverages shall be of an age consistent with Section 25663 of the California Business and Professions Code.

11. The validity of tlie permit shall be conditioned on compliance with all state regulations and conditions.

12. The premises shall be maintained at all times in a neat and orderly manner.

13. Trash receptacles shall be provided in such number and at such locations as specified by the Planning Commission.

14. All alcoholic beverages sales, offerings, and consumption shall be conducted completely within the enclosed building or permitted outdoor patio seating area for on-sale uses.

15. Building and site design and maintenance shall be consistent with the standards of the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood.

16. The permittee shall be responsible for the conduct of all employees, including their education concerning Alcoholic Beverage Control regulations and provisions of the South Gate Municipal Code pertaining to sales of alcohol (e.g., verification of age of purchaser).

17. The permittee shall acla'iowledge that the city has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the permit, as a consequence of one or more violations of a state statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor.

18. The peri'nit shall be subject to compliance review of the property and peri'nit conditions at Planning-Commission-established intervals; the first compliance review shall occur within six months of permit issuance or actuation.
70 Exhibit "B"

19. Any kitchen facility on premises (in conjunction with a restaurant) sliall be maintained at all times in a clean and sanitary condition.

20. Adequate refrigeration sliall be maintained at all times for the preservation of any food on the permittee's premises.

21. The permit shall, after notice to the permittee and an opportunity to be heard, be subject to additional conditions to maintain or remedy land use compatibility, security, or crime control issues that have arisen since the issuance of the permit.

22. The sales of alcoliol shall cease at lO:30pm, or one-half hour before closing, whichever is earlier.

23. All alcoholic beverages sales, offerings, and consumption shall be prohibited on the playing fields and areas adjacent to the playing fields.

24. The existing lounge area shall be reduced to a total of 500 square feet. Alternatively, the lounge shall be reclassified on the plans as a dining area and be maintained with tables and chairs excluding sofas/couches or other lounge-style seating amenities.

25. All noise shall be contained within the facility's structure only and shall not carry out into adjacent parking areas.

26. The permittee shall post on-premises signs witliin and throughout tlie facility structure in a manner that meaningfully advises permittee's patrons that they may not loiter after permittee's scheduled hours of operation in the designated joint use parking area and must leave within 30 minutes after closing. The permittee shall take reasonable steps as may be necessary to monitor the designated joint use parking area to ensure material compliance with this condition.

27. All equipment, furniture, or other appurtenances that are not in use shall be kept inside the building. Outdoor storage shall not be peri'nitted.

28. Approval of this permit shall not become effective until the effective approval date of the amended Ground Lease Agreement between City Council/City of South Gate and Tenant ("Sofive Soccer Centers.") to allow for the alcohol sales for on-site consumption within the premlSeS.

29. If the City's Director of Parks and Recreation believes that the sale of alcohol pursuant to this permit is creating risks to public safety, permittee shall, upon notice from said Director, meet with the Director informally to discuss mitigating those risks by implementing mutually agreeable modifications to perinittee's alcohol sales operations. Such modifications may include changing the hours wlien alcohol is served, adding security personnel when alcohol is served, or other changes acceptable to the Director and permittee. Nothing in this Condition No. 29 constitutes a waiver of the City's rights under Condition No. 34. 71 Exhibit "B"

30. The Community Development Director is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications achieve substantially the same results, as with strict compliance with said plans and conditions.

31. Permittee shall obtain its City of South Gate Business License prior to commencing business operations.

32. Violation of, or noncompliance with, any of these conditions shall constitute grounds for revocation of this permit.

33. Permittee shall agree to maintain (and/or cause its landlord to maintain, if the permittee is a tenant) the propeity and all related on-site improvements and landscaping thereon, including witliout limitation, buildings, parking areas, lighting, signs, and walls in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all Federal, State, County and local bodies and agencies having jurisdiction, at permittee's sole cost and expense.

Such maintenance and repair shall include, but not be limited to the following: (i) sweeping and the removal of trash and debris as soon as possible but at least within 24 hours; (ii) the care of all shrubbery, plantings and other landscaping in a healthy condition and replacement of diseased or dead plant material with new material at an age similar to the material being replaced; (iii) maintenance of all irrigation systems in properly operating condition; (iv) the removal of graffiti within 24 hours; and (v) the repair, replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such paving at all times be kept in a level and smooth condition.

34. If the application for this permit, or any conditions of the permit, violate the Zoning Code or do not fulfill the intent of the Code, the Planning Commission shall, following a public hearing, be authorized to take the following actions:
a. Revoke the permit, revoke and reissue the permit with new or modified conditions, or modify the conditions of the existing permit as may be appropriate under the circumstances.
b. Impose, as a condition of the continuation, reinstatement, or reissuance of the permit, a requirement that the permittee reimburse the City for all costs and expenses reasonably incurred in investigating, identifying, and documenting the violation, and in processing information concerning the violation for presentation to the Planning Commission, and, upon any appeal, to the City Council.
c. This permit shall be revocable if the exercises of rights granted by the permit are discontinued for 6 consecutive months. The use subject to the permit may not be resumed of the permit is revoked; a new peri'nit, including processing and public notification, shall be required.

35. The permittee shall agree in writing to the above conditions. 72 Exhibit "B"
Building & Safety

36. Tlie permittee shall submit plans, including a complete site plan for building plan check to review the proposed increase occupancy. The plans shall comply with all building code requirements applicable to occupancy loads and the minimum egress requirements. The plans shall also identify a clear exiting path and dispersal area.

37. The permittee shall provide a copy of plans approved by the Los Angeles County Public Health Department.

38. Address numbers shall be installed to the front of the building to the satisfaction of the Building Department.

39. The permittee sliall obtain the necessatay approval, permit, and inspection to legalize the signage located above the main building entrance.

40. The damaged stucco wall areas around the exte'rior of the building shall be patched, repaired, and painted.

41. The non-functional water closet located inside the men's restroom shall be repaired.

42. The chains and padlocks on existing gates located throughout the playing fields shall be removed to ensure proper functionality of their panic hardware and emergency egress.

43. All of the appurtenances blocking the "exit" door adjacent to the kitchen area shall be removed to ensure it remains accessible.

44. The bent steel posts supporting the netting on the playing fields shall be repaired or replaced.

45. The damaged drywall areas and light fixtures shall be repaired.

46. Junction boxes with exposed electrical wiring shall be properly sealed. 73 Attachment 2
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77 2107 N. BroCidWci7, Suite 106 SOnto Aria, CA 92:o6
Tel: (714) 867-7171 I Fox: (714) 867-0477
[email protected]
www.b[akeandayaz.com
April 3, 2024
T/24 FEDEXONLY
File No. CITOI-1003
City of South Gate
Comrminity Development Department
Planning Division
8650 Califoritia Avenue
South Gate, CA 90280
Re: Justification Statement for Land Use Project Application for Goals Soccer Center, 9599 Pinehurst Avenue, South Gate, CA 90280 Dear Sirs and Madams:

We are pleased to announce that our office has been engaged by Sofive Soccer Center- South Gate ("Sofive") to process a Conditional Use Permit Application for tlie premise located at 9599 Pinehurst Avenue, South Gate, CA 90280. The request is to permit or otherwise allow the issuance of a California Department of Alcoholic Beverage Control ("ABC") Type 41 0n-Sale Beer & Wine - Eating Place liquor license, as described more fully herein.

REQUEST
Applicant is in the process of filing an application with the California Department of Alcoholic Beverage Control for an On-Sale Beer & Wine - Eating Place Type 41 license to expand its current cafe to include ancillary beer and wine selections for on-site consumption. This license allows the Applicant to sell beer and wine for consumption on the premises where sold. Distilled spirits may not be on the premises. The Applicant must operate and maintain tlie licensed premises as a bona fide eating place. The Applicant must maintain suitable kitchen facilities and must make actual and substantial sales of meals for consumption on the premises. This project will utilize the existing restaurant caf6 to expand its sales to patrons to include ancillaiy beer and wine selections for on-site consumption in the limited area depicted in the enclosed materials included herein.

BACKGROUND
Principals of Sofive Charles Lagayette and Jean-Damien Ladeuil met over a decade ago at business scliool in Paris. The two bonded over soccer and found it difficult to find places to play their beloved sport when they moved to New York, as many soccer clubs in America didn't have dedicated venues for teams to play. Filling a void to serve their athletic community, the duo opened /'\.0
78 April 3, 2024
City of South Gate Planning Division
Re: Land Use Project

the first Sofive soccer facility in 2015 and found a market oppoitunity which is now thriving with multiple venues on each coast of the country.

After opening the first location in New Jersey, Sofive's principals' now own and operate thiiteen soccer facilities in the United States. In 2017 Sofive merged with Goals creating a bi- coastal recreational soccer business with some of tlie world's finest and most technologically advanced facilities. After a recent joint venture with City Football Group, Goals is now part of an international network tliat spans the globe and includes shareliolders from foitune 500 Companies and members of the Abu Dhabi royal family. Goals currently owns and operates four other centers in the Los Angeles Metro area, including facilities in Rancho Cucamonga, Covina, Upland, Pomona, and Alameda.

PROJECT
The subject site resides within South Gate Park, encompassing approximately 96.8 acres of open space, making it the largest park within city limits. The soccer facility occupies roughly 299,650 square feet of the park's open area, while the clubhouse spans approximately 8,500 square feet. The proposed beer and wine service will be confined to a designated poition of the existing clubhouse building. The licensed area for beer and wine consumption will encompass 3,610.58 square feet, inclusive of the loringe, restaurant dining area, party room, diner/cafeteria, kitchen, and outdoor patio space. All alcohol storage will be housed within or behind the counter area.

The current soccer facility resides within South Gate Park, comprised of various parcels owned by the City of South Gate. Consequently, the representatives of the soccer facility are presently operating under a Ground Lease Agreement with the City, which received prior approval from the City Council in 2009. Established in 2019, the soccer facility has operated in accordance with the terms of the Ground Lease Agreement. This agreement would be amended to accommodate the proposed Conditional Use Permit.

The Applicant and its principals founded Sofive Soccer Center in South Gate in 2010. The center has flourished, facilitating adult and youth leagues, tournaments, pickup games, and 'field rentals. With an investment exceeding $9 million in its development and enhancement, the site now welcomes over 250,000 visitors annually. The Center offers numerous advantages to its patrons and the City of South Gate, as detailed below.

Career Opportunities
Since its establishment, Sofive has been pivotal in shaping the South Gate job market, actively advocating for the employment of locals and minority women-led employment. Currently, the company boasts a steady workforce comprising around 30 full-time employees, with 6 of them residing in South Gate. Througliout the years, Sofive has prioritized internal advancement, enabling entry-level staff to ascend to positions like assistant managers or general managers within our centers.

Granting a liquor license to Sofive would further encourage this approach, creating opportunities for up to seven new full-time positions for the city's residents. This expansion aims 79 April 3, 2024
City of South Gate Planning Division
Re: Land Use Project

to accommodate the expected surge in Applicant's food and beverage activities, including the recruitment of 2-3 baitei'iders, 2 additional cooks to meet the heightened demand due to alcohol consumption (with plans for healthy options and a taco program), and 2 security guards to ensure the safety of both staff and customers. Securing a liquor license will necessitate significant capital investment to enhance tlie site's food and beverage operations, including tlie development of a bar and lounge. Local general contractors will be given priority in these endeavors.

Contribution to the Economic Development of South Gate Sofive continues to attract individuals from neighboring communities, actively bolstering the economic growth of local businesses. According to Applicant's estimates, the combined spending of around 180,000 non-residentvisitors at Sofive totals $1.2 million annually within local establishments.

Currently, Sofive faces a sales deficit compared to its competitors in the LA area due to the inability to offer alcohol, which poses a potential long-term risk to the site's popularity. By obtaining a Beer & Wine license, Sofive anticipates a 25% increase in overall foot traffic to the center (approximately 50,000 additional individuals). This increase is forecasted to generate a $300,000 annual impact on nearby businesses and an $80,000 rise in sales tax collection.

Active Member of the Community
Since its establishment, Sofive has actively collaborated with the Chamber of Commerce on various initiatives, including the South Gate State of the City, Holiday Parade, and Toy Giveaways. Sofive South Gate has successfully raised approximately $2,000 through auction initiatives for the Youth Commission by participating in the Pageant of the Tree event organized by the Police Department. In partnership with the Compatior Corinsel Center, Sofive organizes multiple events each month to promote counseling and substance abuse prevention programs for our customers and the community. Additionally, Sofive contributes to food donation initiatives for at-risk youth. Sofive partners with Tweedy Elementary School to promote an active lifestyle, providing free facility access for one hour each month to approximately 8 different classrooms and rewarding classrooms with the best attendance. Sofive South Gate dedicates 8 hours a week to supporting the AYSO (American Youth Soccer Organization). The facility also offers free pick- up for 30 South Gate residents every Monday and Wednesday.

Caf6 0perations
The onsite caf6 allows for a more sophisticated menu in comparison to the traditional concessions offered at similar venues. The objective of the caf6 is to allow teams to gather after games, as well as providing parents/guardians, and adult players with a place to socialize and relax.

By expanding the current menu to include beer and wine, the Applicant seeks to increase its offerings and amenities to meet the demand of its patrons.

The project seeks to add two minor modifications to the current space, first by adding a beer dispenser for employees to serve beer at the existing beverage counter, and secondly by adding signs delineating the area authorized for alcoholic beverage consumption. Service of 80 April 3, 2024
City of South Gate Planning Division
Re: Land Use Project

alcoholic beverages will take place only at the counter, and consumption will only be permitted in the designated area, witli prohibited consumption next to or on the soccer fields, and no off-sale is proposed.

Sofive will operate weekdays from 2:00 pm to 11:00 pm and weekends from 8:00 am to 11:00 pm. There will be eight to ten employees per shift (including management). The alcohol shall be served in the limited designated areas around the beverage counter with all alcohol storage maintained in or behind the counter area. Applicant plans to have four tables in a patio area, six indoor tables, one long counter height table, and lounge area with two couches and two chairs. 8- 10 televisions for viewing will be available for patrons. The maximum capacity of the cat6 will be approximately 35-40 patrons at one time.

Experienced Liquor License Operator
Sofive has a proven track record in the operation of liquor licenses, with 10 granted centers across the US, with 4 ofthe 10 centers in Southern California. Applicant's landlords include among other schools or district city governments. Through its investors, the company complies with extremely strict Safeguarding Policies
Upon arrival at the facility, individuals aged 18 and above are required to scan a QR code for check-in, a procedure similar to that of gyms. Sofive's security personnel will routinely conduct bag cliecks to prevent the entry of weapons, drugs, or alcohol into the premises. Furthermore, security will monitor patrons consuming alcohol within the designated area to ensure compliance with legal regulations and prevent patrons from leaving the facility with alcohol.

All bartenders will be mandated to possess TIPS certification, a nationally recognized training program aimed at preventing intoxication, underage drinking, and drunk driving. Strict enforcement of state-issued ID checks is inaintained. A strict policy of no overservice will be enforced and robust training for all employees will be required including mandated LEAD training Additionally, our operational procedures dictate the tagging of patrons over 21 with a non- transferable wristband and the provision of a single cup per individual, thereby preventing the sharing of alcohol with underage customers. Our operational hours are tailored to our soccer- focused business model, underscoring that we are not a nightclub.

Sofive is equipped with an advanced cloud-based security camera system that ensures 24/7 recording of the center and its environment, including parking lots, with up to 30 days of video storage. This system boasts face recognition capabilities to identify individuals subject to bans or those posing a threat to others' security. Additionally, it aids in identifying witnesses to any criminal activity or misdemeanors occurring around the facility perimeter. Applicant actively collaborates with the Parks and Recreation and Police departments to bolster safety in South Gate Park through this sopliisticated security infrastructure. 81 April 3, 2024
City of South Gate Planning Division
Re: Land Use Project

Support and Endorsements
Sofive centers are endorsed by the world leading sports brand Nike for youth sports camps and since 2021 has enrolled 1,600+ children in it's Mancheste:r City and Lil' Kickers programs.

The Soutli Gate location has been recognized by the Chamber of Commerce, which states:

The prospect of granting Sofive South Gate a liquor license is not just an opportunity for growth, but a strategic move to enhance our community's landscape. [See letter of suppoit dated March 25, 2024 enclosed in the materials hereinl.

Along with large local support from both business owners and residents, Sofive has the support of the following Southern California cities: Upland, Pomona, Rancho Cucamonga, Alameda and Covina. In fact the Mayor of Covina provided the following endorsement for Sofive's Covina location:

Sofive requested a liceme to serve Beer and Wine at its facility in Covina in 2022. They were granted a temporary permit for one year conditional to a strict,set of rvdes that would allow the city and other stakeholders to gain comfort before proceeding with a permanent license. We are happy to announce that based OJ'l t1ie past year of operation we have granted a permatxetit license to tlie Sofive Covina soccer center. Over the past 12 months, Sofive has proven consistently that they were seasoned operators with strict interrial processes and a willingness to work with their landlord (barranca Elementary School) arid neighbors to ensure a safe and welcomingspace for everyone. The grarxting of the license has significantly reduced the amotmt of illegal tailgating and loitering Off the parkitxg lot and has made the surroundirag safer for kids and families playing at the cetxter.

PERMITTED USE PER MUNICIPAL CODE
The proposed use is compliant with South Gate Municipal Code Sections §11.42 et seq. complying with the City's purpose of regulating the locations of alcoholic beverage sales in relation to one another and to certain public and private facilities and structures and to regulate the establishment and operation of land uses to ensure safety and compatibility throughout South Gate.

This project is Categorically Exempt from CEQA under state regulations known as the "CEQA Guidelines" codified at Division 6 of Title 14 of the California Code of Regulations. The Class I (Existing Facilities) exception under the CEQA Guidelines, at 14 CCR Section 15301, consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project falls within this existing facilities exemption because the proposed business would occur within an existing structure. ,-IA 82
April 3, 2024
City of South Gate Planning Division
Re: Land Use Project

APPLICANT'S MISSION
Applicant seeks to expand its bona fide eating place menu to provide beer and wine to its patrons. This ancillary amenity worild allow for customers to socialize after games and provide additional hospitality to spectators.

Per the City's municipal codes on-sale liquor in a bona fide eating place is a peri'nitted use through a conditional use permit. Thus, by permitting an establishment of tliis kind the city is not only providing a benefit to the visitors and residents of the city, but also allowing for the benefit of increased sales tax revenue.

The Applicant is dually invested in the success of the retail operation and maintaining the surrounding value of the neighborhood in which the premises is located. As the Applicant has vested interests in providing premier service to his clientele and maintaining the welfare of the property, ensuring compliance with the City standards for selling alcohol will be the Applicant's highest priority.

In conclusion, the Applicant respectfully requests that the application herein be approved and looks forward to a great working relationship with the City of South Gate, the surrounding businesses, and the community at large.

Very truly yours,
F. MICHAEL AY AZ
FMA:kah
Encls.
,l=) 83
iays East College Street * Covina, CA 91723-2199
Police Department
David Povero
Cliief of Police
July 10, 2024
Blake and Ayaz
F. Michael Ayaz
2107 N. Broadway, Sriite 106
Santa Ana, CA 92706
Dear Mr. Ayaz,
As you know, the Sofive Soccer Centers opened its doors in Covina December 2018. The Covina location is a world-class outdoor soccer facility for all soccer interests in tlie area, offering top quality fields, video tecl'inology, a viewing loruige, caf6 and free on-site parking. Tlie Covina location features a variety of atliletic field for all levels of play and ages of player.

In October of 2023, Sofisie souglit a Type 41 on-sale beer and wine ABC license for the Center.

Tl'ie request was considered by tlie California Depaitment of Alcoliolic Beverage Control, City of Covina Community Developn'ient Planning Department and tl'ie Covina Police Department. The City of Covina prefers to encourage local businesses to be good community paitners. At t)ie time the Type 41 license was being considered for the Sofive cafe, the Covina Police Department assessed calls for service and any community issues related to Sofive's existing operations. There were no significant community issues. W}ien your office reaclied orit to me, to asceitain if there were any issues since October 2023, we once again assessed orir calls for service. Tliere liave been 110 significant community issues since Sofive lias been permitted for on-sale beer and wine at tl'ieir caf6.

My understanding is tliat Sofive's South Gate location is seeking a Type 41 ABC license. My correspondence is meant to sliare our experience in Covina, in l'iopes it will shed light on the fact tliat the Type 41 ABC license lias liad no significant affect in our conunui'iity of Covina. tfully
David Povero
Cliief of Police
84 <fotttAga,tei

CHAMBEROFCOMMERCE
March 25, 2024
Re: Support forSofive S6ccerLiquorLiceixseApplication
To whom it may concern,
I atn writing.on behalf of the South Gate Chamber of Commerce to express our enthusiastic endorsement of Sofive South Gate's application for a liquor license.

After thorougli review of tl'ie provided data, wbich liighligl'its an impressive aiuuial foot-traffic of 250,000 visitors, including approximately 180,000 non-South Gate residents contributing $1.2 million to local businesses, we aretliorouglily impressed. The prospect of granting Sofive Soutli Gate aliquor license is not just an opportunity for growth, but a strategic moveto eriliance our community's economic landscape.

According to our ai'ialysis, awarding Sofive South Gate a )iquor license is projected to catalyze a 25oA increase in foottraffic, accoinmodatiiig an additional 50,000 iiidividuals. This surge iiivisitors is anticipated to generate a substantial $300,000 positive economic innpact on local businesses, encompassing pharmacies, groceiy stores, and gas stations. Moreover, tliis rise in foot traffic, coupled witl'i aii aiiticipated increase ii'i Food and Beverages (F&B) sales, is poised to yield an annual increment of $80,000 in local tax revenue, asignificant boon for our commtinity's fiscal health.

Sofive Soutl'i Gate's active engagement in tl'ie Chamber of Commerce iriitiatives, includingtheir pivotal role as an official paitner of the Cliildren's Chiistmas Isie Parade & Festival, Centennial State of the City Event, along with the successful fundraising endeavors for the Youtli Conunission, underscores tlieprofound positive influence tl'ie organization Itas on our conununity.

The South Gate Chamber of Coinmerce staunchly suppoits Sofive Soutli Gate's pursuit of a liquor license, recognizingthe seatnless alignmentoftliis expansionwiththe'vibrantand dynamic spiritofour community.

We firmly believe that Sofive's commitinent to local busixiesses, coupled witl'i tlie projected economic benefits, not only makes this application a welcome addition to our tl'iriving city but also serves as a crucialsafeguard against tbe potential risk of long-term customer attrition to neighboting cities.

Should you require any additional assistance or information from tlie Cliamber of Commerce, please do not hesitate to reach out. We eagerly anticipate the favorable outcomes that this venture wil) briiig to SofiveSouth Gate and our community at large.

Exciting times lie ahead for Sofive Soutli Gate, and we are lionored to be a pait oftliis journey.

Best
Ana
Director
Chainber of Commerce
3350 Tweed,v Blvd. Sorrth Gate. C.4 90280 Tel 3!3-567-]:103 Email: info%ord%atecc.or,r5 Website: wwisi.sout%atecc.orgFaceboojc: TheSouthGateChand>er Znstagrain: (a',TheSoutliGateCJiamber Twiller: (a),SoGateChamberl 85 inos
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SOFIVE IN SOUTH GATE
A long-standing commitment to local economic development 99m+
invested in site
improvement since
2010
30 employees, with a
focus on minority
and women-led
initiatives
250k+
visitors every year
including c.75o* of
whom are not South
Gate residents
Neighborhood
Businesses
benefiting from new
customers with a
direct positive
economic impact
1 ,600+
kids enrolled in our
Man. City & Lil'
Kickers programs
since 2021,
benefiting the local
S600k+
in taxes paid to Los
Angeles country
since the center's
inception
community
/ SITE OVERVIEW
87 SOFIVE, CREATING CAREER OPPORTUNITIES
3 Granting a beer & wine license to Sofive will allow us to open no fewer than 7 new full-time positions s
0 F
I
U
E
From its inception, Sofive has played a central role in the South Gate job market, actively promoting local and minority women-led employment.

Presently, the company maintains a stable workforce of approximately 30 full-time employees, with 6 of them being South Gate residents.

Sofive has consistently emphasized internal growth, allowing entry-level employees to progress into roles such as assistant managers or general managers within our centers over the years..

Granting a liquor license to Sofive would further encourage this approach, creating opportunities for up to seven new full-time positions for the city's residents. This expansion aims to accommodate the expected surge in our F&B activities, including the recruitment of:
2-3 bartenders ;
2 additional cooks to meet the heightened demand due to alcohol consumption (with plans for healthy options and a taco program) ; and
2 security guards to ensure the safety of both staff and customers.

Securing a liquor license will necessitate significant capital investment to enhance the site's F&B operations, including the development of a bar and lounge. Local general contractors will be given priority in these endeavors.

Note: (') projected employee count

F&B JOB CREATION
TODAY
full-time multi-tasked
employee (cook, cashier,...)
2 full-time
security guards
88 SOFIVE, SUPPORTING SOUTH GATE BUSINESSES
4 Thanks to its large customer base, Sofive attracts new consumers to the city's local actors s
o
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Attracting approximately 250,000 visitors annually, of which around 75o* are not South Gate residentsm, the site continues to draw individuals from neighboring communities, actively contributing to the economic development of the city's businesses (see right).

Based on our calculations(2), the collective expenditure by the approximately 180,000 non-South-Gate-resident visitors at Sofive amounts to !)1.2 million annually in local businesses.

Sofive SOG currently faces a sales gap compared to its competitors in the LA area due to the inability to offer alcohol consumption, posing a potential long-term risk to the site's popularity. With the acquisition of a Beer & Wine license, we anticipate a 25o/o increase in the center's overall foot traffic (around 50,000 additional people).

This surge is projected to have a S300,000 annual impact on nearby businesses and an S80,000 increase in sales tax collection(2X3).

Brown Soul
Brewing
NEARBY BUSINESSES POSITIVELY IMPACTED!)
Arco
==-. =-='l
[J Groceries []i Gas stations
Cerca Food
Note (') Sofive's database i (") full and details computations have been approved by the South Gate Chamber of Commerce i (") as mentioned by South Gate Council member i (Q non-exhaustive list 89 SOFIVE, A WIDE-REACHING EXPOSURE FOR THE CITY
5 By obtaining a liquor license, Sofive host events and associate the city of South Gate to some of the best sports brands worldwide
s
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F
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A REGIONAL INFLUENCE ...

Since its inception, Sofive has played an active role in promoting soccer in the US, hosting a variety of welcoming and inclusive soccer events such as match broadcasts, meetings with industry professionals, and more at its centers nationwide.

Today, Sofive South Gate has the exciting opportunity to establish a unique partnership with two highly regarded soccer clubs in the US, actively seeking a strong presence in the Los Angeles area - a home away from home:

I
Angel City Football Group, the most popular women-led football team in the US, founded by Natalie Portman in 2020 and an absolute world leader in women sport
development ; and
s
Los Angeles Football Club, the winner of the 2022 MLS season followed by nearly T million people on social networks.

If this were to materialize, the center could receive at least 500 additional people on a 4-times-a-month basis, i.e., 2,000+ people per month and 25,000+ per year. This collaboration holds significant implications for the city of South Gate within the Los Angeles landscape
Note ('] non-exhaustive list
... AND BEYOND
As a loyal and committed partner of the Manchester City Soccer Academy, Sofive benefits from the club's influence, reigning as champions of the Premier League and Champions League globally, with Sofive serving as the club's showcase in the US.

Sofive has thus become one of the American leading players for non-US residents when it comes to soccer.

The academy organize frequent events that highly promote the centers in which they are hosted both on a national and globa scale(").

Weekly Manchester City classes forl5 to 1 2-year-old kids Manchester City 5v5 Winter Cup, a national youth
tournament across 10 Sofive locations,incl. South Gate The 2022 Manchester City's trophies presentation by Shaun Wright-Phillips in Sofive Covina, CA
@ffADEMY
90 SOFIVE, A STRONG KNOW-HOW IN LIQUOR LICENSING
6 From both a physical and operational standpoint, Sofive has an extensive know-how in operating Beer & Wine licenses
S
0 F
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SOFIVE' TRACK RECORD IN BEER & WINE LICENSES
Sofive has a proven track record in the operation of liquor licenses, with 10 granted centers across the US. Our landlords include among other schools or district city governments.

Through its investors, the company complies with extremely strict Safeguarding Policies (CFG).

PLANNED RESTRICTED SERVING AREA IN SOFIVE SOG
91 A REGULATED BEER & WINE LICENSE
7 The company is committed to ensuring that this beer & wine license will be strictly regulated and controlled within the center
PRECAUTIONARY MEASURES THAT SOFIVE SOUTH GATE WILL TAKE TO ENSURE COMPLIANCE WITH THE RULESm s
€)
F
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Safety:

Upon entering our facility,individuals aged 18 and above must scan a QR code for ctleck-in, mirroring the check-in process at gyms.

Our security staff will conduct routine bag checks to prohibit the entry of weapons, drugs, or alcohol into the facility.

They will also ensure that patrons consuming alcohol within the designated area (blue area on the plan above) abide by legal regulations and do not leave the facility with alcohol.

Responsibility:

Our bartenders are required to hold TIPS certification, a nationally recognized skills-based training program designed to prevent intoxication, underage drinking, and drunk driving. State-issued ID checks will be strictly enforced.

Additionally, our operating procedure mandates tagging patrons over 21 with a non-transferable wristband and providing a single cup per individual, preventing the sharing of alcohol with underage customers.

Our operational hours align with our soccer-focused business model, emphasizing that we are not a nightclub.

Security:
- Sofive is equipped with an advanced cloud-based security camera system, ensuring 24/7 recordings of the center and its surroundings, including parking lots, with up to 30 days of video storage.

This system features face recognition capabilities to flag customers subject to a ban or posing a threat to others' security. It also aids in identifying witnesses to any crime or misdemeanor around the facility perimeter.

We are actively collaborating with the Parks and Recreation and Police departments to enhance safety around South Gate Park through this sophisticated security system.

Note [') non-exhaustive list
92 CASE STUDY COVINA, CA
8 Following a successful one-year probationary period, Sofive Covina was finally granted a permanent liquor license by the city in October 2023.
s
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2019
Opening of the center
/ SITE OVERVIEW
October 2022
The center obtained a temporary 1 2-month permit to sell beer and wine with strict suspensive conditions:
> Additiona 2 bartenders
> Hosting of LAFC and Man. City events
October 2023
Permanent license to serve beer and alcohol
confirmed by the local authorities
Victor Linares, Mayor of Covina, CA
93 SOFIVE SOUTH GATE, IN ITS COMMUNITY
9 Sofive has been since inception an active member of the South Gate community, forging lasting partnerships with a wide range of local organizations. s
€)
F
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PARTNERING WITH THE CHAMBER OF COMMERCE
Since its inception, Sofive has been actively collaborated with the Chamber of Commerce on various initiatives, including among others : South Gate State of the City, Holiday Parade and Toy Giveaways.

WIP - P!CTURES FROM COC

YOUTH COMMISSION'S RAISING
Sofive South Gate has successively raised c.92k through auction initiatives for the Youth Commission by participating in the Pageant of the Tree event organized by the Police Department. ... AND MANY MORE!
Sofive South Gate dedicates 8 hours a week to supporting the AYSO (American Youth Soccer Organization).

The facility offers free pick up for 30 South Gate residents every Monday and Wednesday.

PARTNERING WITH COMPATIOR
In conjunction with the Compatior Counsel Center, Sofive organizes multiple events each month to promote counseling and substance abuse prevention programs for our customers and the community. Additionally, we contribute to food donation initiatives for at-risk youth.

PARTNERING WITH TWEEDY EIEMENT ARY
Sofive partners with Tweedy Elementary School to encourage an active lifestyle, providing free facility access for one hour each month to approximately 8 different classrooms. Furthermore, we reward classrooms with the best attendance.
94 Attachment 3 Contract No. 2546
1 2 GROUND LEASE AGREEMENT
5 6
7 8
9 10 !3 K C ! Z -A -L S
WHEREAS, Landlord is the owner of certain real property commonly known as South Gate Park and located in the city of South Gate, California ("South Gate Park"), on which Landlord operates a municipal park containing approximately 97 acres and offering 10 baseball dian'ionds, six tennis courts, an Olympic-sized swimming pool, picnic grounds and barbeques, basketball and handball courts, a par-3 golf course, a municipal auditorium and girls clubliouse; and

2. . Automobile parking located entirely witliin the boundaries of the Premises shall be reserved 6xclusively for Tenant and its employees, agents, contractors, customers, invitees and licensees ("Tenant's Exclusive Parking Area"). Landlord also hereby grants Ground Lease Agreeinent
South Gate Pai* - Tweed)i School Site Pcircel
Goals Soccer Centers, /l?C.
2019515.1
(J"l95
55 3. Term of Lease.

3.I Inspection Period. Tenant shall have the right for up to six (6) months ("Initial Inspection Period") after the execution and delivery of this Lease by Landlord 'and Tenant to:
inspect and investigate the Premises and South Gate Park and to perform soil, groundwater, and other tests thereon; review and evaluate the Governmental Regulations (as defined below) applicable to the Premises and South Gate Park and the availability and probability of Tenant's receipt of all necessary governrnental approvals; obtain surveys and other similar materials; obtain, review, and evaluate any title insurance commitment for the Premises; review and evaluate the availability of utilities and drainage facilities and easements therefor; review and evaluate the impact of the Governunental Regulations and/or conditions of the site on the economic or other feasibility of constructing and operating the Building on the Premises; consult with the appropriate govenunental and private entities and organizations with respect to the provisions of free use of the sports facility by a number of local community user groups; review and evaluate the access to the Premises and matters such as curb cuts, crossovers, traffic signalization and the like; review and evaluate any environmental conditions of the Premises; and review and evaluate any other matter relating to Tenant's anticipated use of the Premises and Tenant's improvements and/or the value, cost, utility or feasibility thereof. Furthermore, Tenant may, by written notice to Landlord no later than sixty (60) days prior to the expiration of the Initial Inspection Period, extend the Inspection Period for up to an additional six (6) months.

Tenant may terminate this Lease for any reason by sending written notice of termination to Landlord on or before 5:00 p.m. on the last day of the Inspection Period, as such may be extended pursuant to the preceding sentence, in which event the parties shall have no further rights or liabilities under this Lease (except for any that expressly survive termination of tliis Lease). So long as Tenant has provided Landlord with certificates of insurance as required pursuant to the terms of this Lease, Landlord hereby agrees that Tenant and Tenant's designated employees, agents and contractors shall be permitted to enter the Premises and South Gate Park at any time during non'nal business hours from and after the execution and delivery of this Lease in order to perform the inspection of the Premises and South Gate Park set forth above so long as Tenant does not unreasonably interfere with the conduct of Landlord's business on the property.

Tenant shall indemnify, hold harmless and defend (with counsel selected by Landlord) Landlord and Landlord's City Council members, officers and employees from any and all loss, cost, 2 Ground Lease Agreement
SoutJi Gate Park - Tweedv School Site Parcel
Goals aSoccer Centers, Inc.
20195}5.1
96 1150
1151
1152
1153
1154
1155
2019.'ll5.1
Exhibit "A"
Site Plan of South Gate Park,
Tweedy School Site, Additional Parking Area and Batting Cages Ground Lease Agreement
Sout}i Gate Pttrk - Tsveedv School Site Parce7
Goals 'Sriccer Centers, h?C.
97 Sitc Plan of Soutli Gatc Park,
Twccdy School Site, Sharcd Parking Area and Proposed Batting Cagcs k -iiiJ '
,i. a
']
I
gO 98
Attach ment 4 City of South GateParks & Recreation Department Steve Costley
Director of Parks & Recreation
Wfl.CITYOFSOUTHGATE.ORG
Parks Make Life Better!
Application By Sofive for Alcohol Sales at the Soccer Center November 11, 2024
To Whom it May Concern,
The Parks & Recreation Department supports the application by "Sofive" for a Conditioi'ial Use Permit, (CUP) to sell beer and wine at the Sofive location in South Gate Park. As noted by the applicant in their Letter of Justification:

When the City of Covina granted their license, it significantly reduced the amount of illegal tailgating and loiteiing on the parking lot and has made the surrounding area safer for kids and families playing at the center.

We believe that the same will be true here at South Gate Park. Inn addition, as the City has expanded its own availability of beer and wine for use at the park with no issues, this will be a welcome addition for the patrons at Sofive.

Should you have any questions or need additional information please feel free to contact me.

Sincerely,
Steve Costley
Director of Parks & Recreation
Department of Parks & Recreation 4900 Southern Avenue, South Gate, CA 90280 C(l
99 Attachment 5
Sofive South Gate Draft Menu
Appetizers:

Elote
Mozzarella Sticks
Chicken Wings
Loaded Nachos - option to add meat*
Onion Rings
Guacamole and Chips
Seasonal Salad
Entrees:

Cheeseburger with fries
Cheese Quesadilla
Hot Dog with fries
Chicken tenders with fries
Tlayuda ("Mexican Pizza") - option to add meat*
Tacos (x3)*
Mulitas (x3)*
Burrito*
* choice of Beef Barbacoa, Pork Carnitas or Chicken Tinga Sweets:

Churros w Dulce de Leche
Spicy Mango Sorbet
Ice Cream Sandwich
100
Rodrigo Pelayo
From:

Sent:

To:

Cc:

Subject:

Meredith Elguira
Tuesday, November 19, 2024 8:52 AM
Rodrigo Pelayo
John Signo
FW: Mario Dominguez - Public Comment
Attachment 6
Hi,
Please receive and file and forward to the rest of the commissioners. This will need to be read tonight. Thanks.

City of
South
6ate
Meredith T. Elguira
Director af Community Davalopment
City of South Gate l Communky Dgvelopment Departrnem
8650 CaliforniaAvenue, 5outh Gate, CA 90280
P: (323) 563-9556
E: [email protected]
W:rit';of=outhzate.org
From: Jimmy Ozaeta
Sent: Tuesday, November 19, 2024 12:34 AM
To: Meredith Elguira <[email protected]>
Subject: Mario Domfnguez - Public Comment
This message is from an EXTERNAL SENDER - be CAUTIOUS, particulai-ly with links and attachments Meredith,
Community member Mario Dominguez contacted me and asked I forward you his public comment for tomorrow's Planning Commission because he is having issues with emails or City of South Gate accounts.

Please refer to previous email below.

Public Comment For Planning Commission 10/19/24 - Open Session Items 1)Zoning Code Amendment & Conditional Use Permit I ask that the Planning Commission vote to approve and allow for the Ordinance pertaining to our Municipal Code for the sale of alcohol in Open Space zoning district be amended. To allow the sale of alcohol for on-site consumption within a restaurant/cafe located within the Sofive Soccer Complex. And to also vote to approve the Conditional Use permit that is needed for this location. Our parks are not solely intended to be used by children and families. They are also meant for adults. I ask that our Commissioners please give us adults a cool hang out space where adults can relax and socialize. I've read the item report for this item. And it states that the owners intend to provide security for this location and will be cutting off alcohol sales at lO:OOpm which is one hour before they close. That works for me. If you go to Europe they have picnics and drink wine in their parks. Why must we be so puritanical here in the U.S.? Consuming alcohol in a restaurant that is inside of a park wouldn't even be an issue for these European countries. I don't know if our Commissioners are familiar with the classic comedy t.v. sit-com Cheers? This was a show about a local bar that was a hang out space for 1 101
adults. This Sofive Soccer Restaurant could be our version of Cheers. Don't be so rigid and narrow minded with our parks. Please let us have our own Cheers. We deserve it. Thank you for listening. - Mario Dominguez, Jr.

Thank you,
Jimmy Ozaeta
2 102
M Gmail
Caroline Maravilla'
(no subject)
I message
Caroline fVlaravilla <c
To: Caroline Maravilla
Tue, Nov 19, 2024 at 5:08 PM
Prohibit the Sale of Alcohol in South Gate Park and Goals/ Sofive Soccer Center This petition was born out of a personal tragedy. A deadly accident occurred on Hildreth and Duane Way, a sorrowful reminder of the consequences alcohol and bad driving. This isn't about demonizing alcohol or those who enjoy it responsibly, but about preserving the safety and integrity of our beloved South Gate.

Our demand is simple - to ban the sale of alcoholic beverages in two key locations: South Gate Park and the Goals/ Sofive Soccer Center. This isn't an unreasonable ask. Many parks and recreation centers across the country have already imposed similar restrictions.

According to National Institute on Alcohol Abuse and Alcoholism (NIAAA), approximately one-third of fatal traffic accidents involve drunk drivers, indicating the clear, irreversible danger of combining alcohol with activities such as driving. Outlawing the sale of alcohol in these areas can contribute to lowering these statistics in our local area.

Our community is known for its commitment to family and safety. By banning alcohol sales in these busy, fami!y-friendly venues, we can take one more step towards ensuring the security of all South Gate community members. Sign today and make South Gate a safer place for everyone.

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Office of the
South Gate City Clerk
Item No. 3
FEB 2 0 2025
FILED
AGENJDA EuLL
Department Director:

For the Regular Meeting of: February 25, 2025
Originating Department: Public Works
Ciffl Manager:

Rob Houston
SUBJECT: RESOLUTION AUTHORIZING THE APPLICATION FOR CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES ("CAL OES") GRANT FtJNDS FOR THE EMERGNECY OPERATION CENTER ("EOC") PROJECT, CITY PROJECT N0. 582-ARC
PURPOSE: Approval of the Resolution will authorize the submittal of an application for grant funding to the California Governor's Office Of Emergency Services ("Cal OES") for the Emergen7onCenter("EOC")Project ("Project").

RECOMMENDED ACTIONS: The City Council will consider:
a. Adopting a Resolution authorizing the application for the California Govemor's Office Of Emergency Services, requesting $1,226,000 in grant funds, for the Emergency Operations Center, City Project No. 582-ARC; and
b. Authorizing the City Manager, or his designee, to execute, on behalf of the City, all documents requiredto submit the application aiimplementthe grant.

FISCAL IMPACT: There is no impact to the General Fund. The grant application requests $1,226,000 to fund the Project, however, it also includes a $408,667 commitment in matching funds for a total project budget of $1,634,667. Staff is reviewing funding options for the matching funds thus as of the date of this Council Meeting a fiinding source(s) has not been selected.

ANALYSIS: Cal OES has allocated $1,226,000 in grant funds to fund the construction of a new EOC within the City Hall grounds. To secure the grant 'funds, the Cal OES requires a Resolution from the City Council authorizing the application and use of the funds. Key points of the required Resolution include:

The Resolution authorizes the submission of an application to apply for the Cal OES grant in the amount of $1,226,000 and commits to a local match requirement of $408,667, for a total budget of $ 1,634,667.
* The City certifies that sufficient funds will be available to complete and maintain the project.
l
104
* The City Manager, or his designee, is authorized to handle all project-related negotiations, including agreements and payment requests.

BACKGROUND: The South Gate Police Station, built in 1948, houses an Emergency Operations Center ("EOC") in a subterranean section of the building. This location is prone to flooding, lacks ADA-compliant access, and faces significant communication challenges due to the thick concrete walls. Given that effective communication is critical for emergency response, staff recommends relocating the EOC to ensure reliable operations during major events.

The project relocates the existing EOC from the SGPD basement to a new facility at the Civic Center by repurposing a portion of the museum to meet modern EOC requirements. The section of the museum is planned to serve a dual purpose: an as-needed EOC and a Community room/Museum. Daily, the improved section will serve for conference room, community room and a Museum. However, when the EOC is activated, that will be shut down to the public and the EOC will be activated.

Some of the displays in this portion of the museum that will be improved will be relocated to the easterly side of the museum section. They will continue to be available for public viewing to the extent practical. Other displays will be integrated into the room keeping part of the Museum experience while still allotting appropriate space for the EOC needs.

As a note, the originally proposed relocation was to 8640 California Avenue (South Gate Courthouse). However, that presented significant challenges, including asbestos removal, seismic retrofitting to comply with the 2024 Building Code, and insufficient staff parking. The Civic Center location avoids these issues, making it a more suitable choice for the new EOC.

The proposed budget is $1,634,667. Work includes, but is not limited to, upgrading electrical and mechanical systems for proper heating and air conditioning, a backup generator, equipping the space with televisions, tables, computers, desks, radios, and cell phones to support emergency operations. The proposed budget will be expended as summarized below.

Cost Classification
Federal
Share
Matching
Funds
Total
Fund
Administrative $18,750 $6,250 $25,000
Architectural and Engineering $225,000 $75,000 $300,000 Construction Inspection - $78,750 $26,250 $105,000
Construction $660,000 $220,000 $880,000
Equipment $187,500 $62,500 $250,000
Misc'ellaneous and Contingency $56,000 $18,667 $74,667 SUBTOTAL $1,226,000 $408,667 $1,634,667
ATTACHMENT: Proposed Resolution
ES:lc
2 105
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION AUTHORIZING THE APPLICATION FOR

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY
SERVICES ("CAL OES") GRANT FUNDS TO FUND THE
EMERGENCY OPERATION CENTER ("EOC") PROJECT,
CITY PROJECT N0. 582-ARC
WHEREAS, tlie U.S. Depaitinent of Homeland Secuiity/Federal Emergency Mai'iagei'nent Agency/Grant Progrm'n Directorate l'iave been delegated the responsibility for the adi'ninistration of the Emergency Operations Center Grant Prograin, setting rip necessary procedures governing tlie application;
WHEREAS, said procedures establislied by tlie U.S. Deparh'nent of Homelaiid Security/Cal OES, require applicants to certify by Resolution the approval of applications; WHEREAS, successful applicants will enter into a contract with tl'ie California Governor's Office Of Emergency Services to complete the scope of the project included in tlie application;
WHEREAS, tlie City of Soutli Gate ("Applicant") desires to apply for the California Governor's Office Of Emergency Services Grant Funds reqriesting $1,226,000 to fund the Emergency Operation Caiter Project; and
WHEREAS, the Emergency0perationCenterhas a total budget of $1,634,667, of which $408,667 are matching funds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby autliorizes tlie filing of an application and accepts up to $1,226,000 of California Governor's Office Of Emergency Services Grant Funds for the Emergency Operation Center Project.

SECTION 2. The City Council does liereby certify that said Applicant has financial capability to complete tlie Emergency Operation Center Project.

SECTION 3. The City Council does hereby certify tliat the Applicant lias reviewed, understands, and agrees to the following:

1. The City Coruicil is in suppoit of this FY 2024 Emergency Operations Center Grant Program.
1 106

2. Tl'ie City will provide all matching funds for tl'ie grant project.

3. Grant funds sliall not be used to supplant expenditures tliat are controlled by tl'ie City.

4. Tlie City Council autlioiizes tlie application for federal assistance and ensures proper planning and completion of tlie Emergency Opeixtion Center Project described in tlie application.

SECTION 4. The City Council does hereby delegates autliority to the City Manager, the Assistance City Manager/Director of Public Works, the Cbief of Police and/or the Director of Parks and Recreation, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements and pay'i'nent requests whicli may be necessaiy for the completion of the grant scope project.

SECTION 5. The City Council does hereby agree to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

SECTION 6. The City Clerk shall certify tlie adoption of tliis Resolution which sliall be effective upon its adoption.

PASSED, APPROVED and ADOPTED tliis 25(" day of February 2025.

CITY OF SOUTH GATE:

BY:

Maria Davila, Mayor
ATTEST:

B7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: DRAFT
Raul F. Salinas, City Attorney
2 107
Item No. 4
Office of the
South Gate City Clerk
FEB 20 70751,,,t\ Ciffl of South Gate

F I L E D XS - CITY COUNCIL
A(3-ENID)A UB,FLJI
DepartmentDirector:

For the Regular Meeting ofi February 25, 2025
ent: Public Works
Arturo Cervantes Rob Houston
SUBJECT: AGREEMENT WITH OSCAR'S ELECTRIC, INC., FOR THE INST ALLATION OF THREE LEVEL 2 ELECTRIC VEHICLE CHARGING ST ATIONS

AT CITY HALL
PURPOSE: To award an agreement to Oscar's Electric, Inc., for the installation of three Level 2 Electric Vehicle Charging Stations in the City Hall's underground parking garage.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with Oscar's Electric, Inc., for the installation of three Level 2 Electric Vehicle Charging Stations in the City Hall's underground parking garage, in an amount not-to-exceed $25,843;
b. Appropriating $35,000 from the AQMD Fund Balance to fully fund the purchase and installation of the Level 2 Electric Vehicle Charging Stations; and c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund. The proposed Agreement with Oscar Electric, Inc., will be funded with $25,843 in South Coast Air Quality Management District ("AQMD") Funds. The recomi'nended appropriation is $35,000 from the AQMD Fund Balance.

ANALYSIS: One of the City of South Gate's ("City") initiatives is to purchase electric vehicles ("EVs") as part of its corni'nitment to environmental protection. This effort also requires the installation of Electric Vehicle Charging Stations ("EVCS"). The City's vision is to install Level 2 EVCS in City Hall's underground parking garage. To date, three charging stations have been installed, leaving a need for three more.

Staff recommends awarding a sole-source agreement to Oscar's Electric in the amount of $25,843 to install the additional EVCS. Oscar's Electric has the necessary experience and expertise, having recently installed a Level 2 charging station and upgraded an existing one in City Hall's underground garage. They also conducted power monitoring, giving them a thorough understanding of the building's electrical equipment and supply. Given their familiarity with the system, they are well-positioned to install the new charging stations and complete the required electrical upgrades in a cost-effective manner.
1 108
While the proposed contract amount is $25,843, tlie total project budget is $35,000. This includes $5,157 in contingency funds and $4,000 to purchase three EVCS units.

BACKGROUND: This initiative seeks to improve the City's electric vehicle ("EV") infrastructure by installing three Level 2 EV charging stations in the underground parking garage at City Hall. These enhancements align with the City's sustainability goals and commitment to expanding EV accessibility for employees and visitors. By addressing the growing demand for EV charging, this project will contribute to a more sustainable and environmentally friendly community.

The scope of work includes:

Installation of a 3-Phase transfon'ner to support the additional electrical load. * Installation of a 225 Amp, 120/208V 3-Phase panel to distribute power efficiently. * Installation of three City-provided Level 2 charging stations.

Staff recommends awarding a $25,843 contract to Oscar's Electric, Inc., a Santa Fe Springs- based contractor with over 30 years of experience in electrical infrastructure projects. The company previously installed and upgraded EV charging stations at City Hall and has a thorough understanding of the site's electrical system, ensuring a cost-effective and seamless installation.

Construction is scheduled to begin in March 2025, with an expected completion time of I to 2 weeks.

The total project budget is $35,000, which includes contingency funds and the purchase of the three charging stations.

ATTACHMENT: Proposed Agreement (including Exhibit A) DD:lc
2 109

AGREEMENT FOR EV CHARGING ST ATION MAINTENANCE SERVICES

BETWEEN THE CITY OF SOUTH GATE AND
OSCAR'S ELECTRIC, INC.

Tl'iis Agreement for EV Cliarging Station Maintenance Services ("Agreement") is made and entered into on February 25, 2025, by and between tl'ie City of South Gate, a municipal corporation ("City") and Oscar's Electiic, Inc., a Califoniia corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Paity" and collectively as "Parties."

RECIT ALS
WHEREAS, City desires to retain Contractor for EV Cliarging Station Maintenance Services ("Maintenance Services");
WHEREAS, Contractor warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perfon'n properly and timely the Maintenance Services under tliis Agreement; and
WHEREAS, based on such representation, City desires to contract with Contractor to perfori'n the Maintenance Services desciibed in the Proposal attached hereto as Exliibit "A" of this Agreement.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF WORK. The City hereby engages the Contractor, and tlie Contractor accepts such engagement, to perfonn the Maintenance Services ("Work") identified on Exhibit "A" hereto. The work to be perfori'ned shall be as directed by the City on the sewer system and water system ("City Facilities") are also identified on Exhibit "A" liereto. The Work shall include all the tenns and conditions of Contractor's proposal dated February 4, 2025 ("Proposal"), which shall be attached as part of Exhibit "A" and which is incorporated herein by this reference; provided, however, that to the extent the Proposal conflicts with anything else in this Agreement, the terins of this Agreement shall control.

2. COMPENSATION. The maximum amount of compensation to be paid to Contractor hereunder, pursuant to this Agreement, shall not exceed Twenty Five Thousand Eight Hundred Forty-Three Dollars ($25,843), which shall be full compensation for the Work.

A more detailed description of the compensation payable to Contractor hereunder, including unit piices, monthly payments, and/or otlier infon'nation, conditions and limitations, are set forth on the Cost Proposal attaclied liereto as Exhibit "A". Except as may be specifically set forth in Exhibit "A" or approved by the City in writing on a case- by-case basis, Contractor shall not be paid hereunder for any travel time in the perfori'nance of the Work. Except as otherwise provided in Exhibit "A", on or before the twentieth (20I1]) day of each calendar month following the corni'nencement of the Work, Contractor shall file its request for payment, accompanied by evidence satisfactory to the City justifying the request for payment, including a report of Work accomplished and tasks completed in the previous month, and an itemization of eligible expenses with copies of receipts and 1 110
invoices. If, after review by the City, the Work is found to be unacceptable, Contractor, at its expense, shall expeditiously correct such unacceptable Work. If Contractor fails to correct unacceptable Work, the City may withhold from any payment due an amount that tlie City reasonably believes will equal the cost of correcting the Work. Subject to the City's riglit to re5ect all or any part of the charges set forth in such invoice as provided herein, the City shall pay Contractor the amount of such invoice within thirty (30) days of receipt and approval of such invoice.

TERM OF AGREEMENT. The ten'n of this Agreement ("Terin") shall commence on February 25, 2025, and shall tenninate on February 25, 2026, unless teri'ninated sooner pursuant to the provisions of Sections 9, 10 or 13 below. At the conclusion of this three- year period, the City at its option, and with City Council approval, may renew this contract for up to two consecutive periods of one year each, beginning February 26, 2026, and February 26, 2027. This Agreement shall not be automatically renewed or extended; perforinance by Contractor of any Work following said ten'nination date shall be prohibited, and Contractor shall not be entitled to compensation therefore, in the absence of a written agreement pertaining to such additional Work executed by the City and Contractor pursuant to Section 20.10.

COMMENCEMENT OF THE WORK. The execution and delivery of this Agreement by the City and Contractor does not constitute an authorization for Contractor to proceed with the Work. Contractor shall coinmence performance of the Work within seven (7) days after the City issues to Contractor a written notice, signed by the City's Director of Public Works ("Director"), instructing Contractor to proceed with the Work. Contractor represents and warrants to the City that Contractor will be able to comi'nence the Work within that time in compliance with all requirements of this Agreement, including without limitation those set forth in Sections 6, 7 and 8 below.

INSPECTION OF WORK. The Director and his designees shall have the right to review and inspect the Work performed by Contractor hereunder at any and all times, with respect to the quality of the Work and Contractor's confori'nance to the terms of this Agreement, pursuant to the City's established review and approval procedures as the same may be amended from time to time. Without limiting the City's rights under Section 2 above, if the Director or his designee determines as a result of any such inspection that any aspect of the Work is unsatisfactory for any reason (including without limitation failure to meet the perforinance standards specified in Section 8 below), then Contractor shall promptly correct the Work at no additional cost to the City.

SOUTH GATE BUSINESS LICENSE. Without limiting the generality of Section 8 below, Contractor shall obtain a City of South Gate business license before performing any Work under this Agreement.

CONTRACTOR MUST PAY PREVAILING WAGES TO ITS EMPLOYEES. This Agreement is a public works contract. As such, pursuant to regulations established by the California Department of Industrial Relations and codified at 8 CCR §§ 16000 and 16001(f), Contractor's performance hereunder is subject to Contractor's compliance with preyailing wage rate payment requirements under California Labor Code F3) 1771. 2 111
Contractor must pay "prevailing wages" to all personnel employed by Contractor who perform any portion of the Work. Information regarding prevailing wage determinations can be found on the Department of Industiial Relations' web site at littp://www.dir.ca.gov/OPRL/DPreWageDeteri'nination.htm. It is Contractor's responsibility to interpret and implement any prevailing wage requirements. Contractor agrees to pay any penalty or civil damages resulting from a violation of prevailing wage laws with respect to this Agreement. The City advises Contractor to familiarize itself with those laws, including without limitation those set forth at California Labor Code §§ 1720 through 1861, inclusive.

PERFORMANCE STANDARDS AND REQUIREMENTS. Contractor shall perform and complete the Work promptly, diligently, and in a maru'ier satisfactory to the City, Contractor shall furnish all equipment, tools, materials, labor and other services necessary to fully and adequately perform the Work and shall pay all applicable fees and expenses associated therewith. Contractor and its subcontractors shall perform all acts required to complete the Work under this Agreement (i) in a skillful and workmanlike manner, (ii) consistent with the standards generally recognized as being employed by other maintenance companies in the State of California, and (iii) in accordance with all federal state and local laws, regulations and ordinances applicable to the operation of Contractor's business and to its perfon'nance of the Work under this Agreement. Contractor warrants that (a) all of its employees and subcontractors shall have sufficient skills and experience to perform those portions of the Work assigned to them, (b) they shall have all licenses, perinits, qualifications and approvals of whatever nature that are legally required to perfonn the Work, and (c) such licenses, pennits, qualifications and approvals shall be maintained throughout the Term of this Agreement.

INDEPENDENT CONTRACTOR. In performing its duties hereunder, Contractor shall at all times act as an independent contractor. Contractor shall complete the services required of it hereunder according to its own means and methods of work, which shall be in the exclusive charge and control of Contractor and not subject to the control or supervision of the City except as to the results of the work and except as otherwise specifically set forth in this Agreement. In no event shall Contractor have any authority or power under this Agreement to incur any debt, obligation or liability on behalf of the City.

Neither Contractor nor its employees are employees of the City, and nothing in this Agreement shall render Contractor an employee, partner, agent of, or joint venturer with the City for any purpose. Neither Contractor nor its employees shall represent themselves as employees of the City. Personnel employed or subcontractors retained by Contractor shall not acquire any rights or status regarding the City. Neither Contractor nor its employees shall have any claim against the Cityhereunder or otherwise for salary, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

Contractor is responsible for complying with all obligations of an employer imposed under federal or state law. The City shall not withhold Social Security and Medicare taxes from any payments made to Contractor hereunder, nor shall the City make any such payments on Contractor's behalf. The City shall not make state or federal unemployment contributions on Contractor's behalf or withhold state or federal income tax from 3 s
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Contractor's payments hereunder. Contractor shall pay all applicable taxes related to the performance of services under this Agreement including all federal, state or local income, Social Security, Medicare, and self-employment taxes. Contractor will also pay all unemployment contributions for its employees related to the perforinance of services under this Agreement. Neither Contractor nor its employees or contractors are eligible to participate in any employee, pension, liealth, vacation pay, sick pay or other fringe benefit plan of the City. Contractor shall complete and submit to the City an IRS Fon'n W-9 and acknowledges that the City will issue to Contractor an IRS Form 1099 for non-employee compensation for all payments for the Work rendered hereunder. Contractor agrees to indemnify and hold the City harnnless from and against any and all liability arising from any failure of Contractor to pay any income or other tax when due on account of the compensation paid to Contractor by the City hereunder (and Contractor's obligation to indemnify the City under this Section 9 shall survive the expiration or sooner ten'nination of this Agreement).

10. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, handicap or age.

Contractor will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Contractor to perform services under this Agreement, are free from such discrimination. Such employment practices include but are not limited to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates ofpay or other fornns of compensation, and selection for training, including apprenticeship. Contractor shall include the foregoing non-discrimination provisions in all solicitations or advertisements placed by or on behalf of Contractor for personnel or subcontractors to perform any services under this Agreement. Upon written request, the City shall have right to inspect and have access to all of Contractor's (and its subcontractors') documents, data and books and records for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section 10. Contractor agrees that all applicable provisions of Executive Order No. 11246 shall be incorporated into this Agreement by this reference. A copy of Executive Order No. 11246 is available to Contractor for inspection and on file with the City's Public Works Department.

11. CONTRACTOR'S REPRESENT ATIONS AND WARRANTIES. In addition tO the other representations and warranties set forth elsewhere in this Agreement, Contractor hereby represents and warrants to the City as follows:

11.1 Familiarity with Work. Contractor has thoroughly investigated and considered the scope of services to be perfori'ned hereunder, has carefully considered how that 4 113
Work should be perforined, and understands the circumstances which may restrict or otherwise impact Contractor's performance of the Work under this Agreement.

11.2 Site Inspection. Contractor has visited each of the City Facilities where the Work is to be perfonned and is fully acquainted with the conditions existing at such sites.

11.3 No Solicitation. Contractor has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain tliis Agreement.

11.4 No Fees, Commissions, Gifts or Other Consideration. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement.

Upon such breach or violation of this warranty, the City shall have the right, in its sole discretion, to terininate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, corni'nission, percentage or gift.

11.5 No Conflict of Interest by City. Contractor has no knowledge that any officer or employee of the City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time, a complete written disclosure of such interest will be made to the City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

11.6 No Conflict of Interest by Contractor. Upon execution of this Agreement, Contractor has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of Work required by this Agreement, nor shall any such interest be acquired during the Term of this Agreement.

12. NON-EXCLUSIVITY. The City does not warrant to contract-exclusivity with a single contractor to perform the type of maintenance services which Contractor is performing under this Agreement. As such, Contractor may not be the only company providing maintenance services to the City. The City reserves the right to enter into similar contracts with third parties for maintenance services in areas of the City other than the City Facilities identified in Exhibit "A" which are the subject of this Agreement.

13. NO ASSIGNMENT. Contractor shall not assign, delegate, or subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the Director, which may be granted, conditioned or withheld by the Director in his sole and absolute discretion. This prohibition shall not apply to subcontracts and subcontractors identified by Contractor to the City in connection with any fon'nal bid documents submitted by Contractor to the City in connection with the City's award of this Agreement to Contractor. Any proposed delegation, assignment or subcontract shall provide a description 5 7114
of the services to be covered, identification of the proposed assignee, delegatee or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegatee or subcontractor shall include both (a) the amount involved, together with Contractor's such cost or price; and (b) a provision requiring that any subsequent modification or amendment shall be subject to the City's prior written consent. Any assignment, delegation or subcontract shall be made in the name of Contractor and shall not bind or purport to bind the City and shall not release Contractor from any obligation under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegatees and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to Contractor under this Agreement.

14. PUBLIC EMPLOYEES RETIREMENT SYSTEM. Notwithstanding any other local, state or federal policy, rule, regulation, law or ordinance to the contrary, neither Contractor nor any of its employees, agents or subcontractors shall qualify for or become entitled to - and each hereby agrees to waive any claims to - any compensation, benefit or incident of employment by the City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee ofthe City and entitlement to any contribution to be paid by the City for employer contribution and/or employee contributions for PERS benefits. Without limiting the generality of Section 19 below, if Contractor or any employee, agent or subcontractor of Contractor claims (or is determined by a court of competent jurisdiction or by PERS) to be eligible for enrollment in PERS as an employee of the City, then Contractor shall indemnify, defend (using counsel acceptable to the City) and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.

15. INSURANCE. During the Term of this Agreement, Contractor shall at its expense maintain in full force and effect policies of insurance as required by Sections 15.2, 15.3 and 15.4 below and also, if required by the City, policies of insurance as required by Section 15.1 below:

15.1 Property Damage/Casualty Insurance. Depending on the nature of the City Facilities which are the subject of this Agreement, the City may require a policy or policies of insurance covering loss or damage thereto, in amounts deemed necessary by the City to cover the full replacement cost of those City Facilities.

Said insurance shall provide protection against all perils typically included within the classifications of "all-risk", "fire legal liability", and "personal injury" insurance.

15.2 Liability Insurance. Liability, bodily injury, personal injury and property damage insurance with a combined single limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the annual aggregate, insuring against any and all liability of the insured with respect to the Contractor's performance of (or failure to perform) its obligations under this Agreement. Each 6 115
such policy shall be in the fori'n of an Insurance Services Office ("ISO") Coi'iu'nercial General Liability Insurance policy, an ISO Comprehensive General Liability Insurance policy with Broad Fon'n General Liability endorsement, or in any similar, coinmercially reasonable form. Without limiting the scope of coverage to be provided tliereby, all sucli insurance shall specifically insure Contractor's performance of the indeinnity provisions contained in Section 19 below as to liability for injury to or death of persons and injury or damage to property.

15.3 Workels Compensation Insurance. Workers' Compensation Insurance as required by California law. This insurance must include (in the policy itself or by endorsement) a Waiver of the Right of Subrogation for General Liability against the City.

15.4 Automobile Liability Insurance. Automobile Liability Insurance, including owned, non-owned and hired vehicles, with at least the following limits of liability:
(a) Primary Bodily Injury with limits of at least $1,000,000 per person, $2,000,000 per occurrence, and (b) Primary Property Damage of at least $1,000,000 per occurrence.

15.5 Qualifications of Insurers. Each policy shall be issued by an insurance company having a "Best's Rating" of at least A and having a "Financial Size Categories" rating of at least VIII in the most current edition of "Best's Insurance Reports" issued by A.M. Best Company. In addition, each policy shall be issued by an "admitted" insurance company (i.e., one that is qualified and licensed to do business in the State of California).

15.6 City to be Named as Additional Insured Party. All policies (other than worker's compensation insurance policies) must include an Additional Insured Endorsement (CG 20 10 11 85) naming the City and its agents as an additional insured on the applicable insurance coverage with respect to the City's and its agent's interests under this Agreement.

15.7 Primary Insurance. Insurance obtained pursuant to this Section 15 shall be primary insurance, and other insurance (if any) maintained by the City shall be excess of Contractor's insurance and shall not contribute with the insurance required hereunder.

15.8 Blanket Policies. Any or all policies to be obtained by Contractor hereunder may, at Contractor's option, be provided under a separate policy covering only the items and matters to be insured under this Agreement or included in one or more blanket policies covering not only those items and matters but also additional property and matters owned or otherwise insured by Contractor. All such combined or blanket policies must, however, comply with each and every provision of this Section 15.

15.9 Restrictions on Cancellation and Reduction. Each insurance policy required hereunder shall specify that the insurance company issuing the policy will give the City at least thirty (30) days' written notice prior to the effective date of (a) any 7 116
cancellation, internuption or lapse of coverage, and (b) any reduction in the amount, type or extent of coverage.

15.10 Waivers of Subrogation. The parties release each other fro'i'n any claims for damage to any person or property, and to the fixtures, personal property, improvements, and alterations thereon, that are caused by or result from risks insured against under any insurance policies carried by Contractor and in force at the time of any such damage. Furtherinore, each insurance policy obtained hereunder shall provide that tlie issuing insurance company waives all rights of recovery by way of subrogation.

15.11 Verification of Coverage. Prior to or concurrent with Contractor's execution and delivery of this Agreement, and not later than thirty (30) days prior to the expiration of any insurance policy carried hereunder (with respect to policies which will replace said expiring policies during the Term of this Agreement), Contractor shall deliver to the City oiiginal certificates of insurance and amendatory endorsements evidencing and effecting insurance coverage required hereunder. All such certificates and any endorsements pertaining to the insurance coverage required hereunder shall be signed by a person authorized by the insurer to bind coverage on the insurer's behalf and shall be on forms provided or approved by the City. In no event shall Contractor coinmence any construction, demolition, grading or other work relative to the Improvements until all evidence of insurance coverage required under this paragraph have been delivered to the City as required hereby. The City shall have the right, at any and all times, to require Contractor to provide the City with complete copies of any and all policies of insurance that Contractor is required to maintain hereunder, and Contractor shall deliver such copies to the City not later than ten (10) days following such request.

15.12 Form of Policies. All insurance policies required hereunder shall be in a form acceptable to the City and its agents; and shall include those endorsements which are necessary to extend coverage which is appropriate to the nature of this Agreement.

15.13 Policy Limits Do Not Limit Contractor's Liability. The minimum limits of policies of insurance required of Contractor under this Agreement shall in no event limit Contractor's liability under this Agreement.

16. TERMINATION FOR CONVENIENCE. The City may terminate this Agreement at any time, with or without cause, upon sending a written notice of termination to Contractor (the "TerminationNotice") that specifies a teri'nination date (the "Early Termination Date") at least thirty (30) days after the date of the Termination Notice. Upon receipt of the Termination Notice, Contractor shall acknowledge receipt to the City in writing and take all steps necessary to cease all Work in a reasonable and orderly manner by no later than the Early Termination Date; provided, however, that any Work performed after the Early Termination Date that is reasonably necessary to teri'ninate the Work in an orderly manner must be specifically authorized in writing by the Director prior to its performance and prior to the Early Termination Date. Upon termination by the City, Contractor shall be paid or 8 i(i
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reimbursed for all Work perfori'ned by Contractor under the Agreement up to the Early Termination Date (less all payments previously made), plus ten percent (10%) of the balance that would otherwise be due to Contractor during the remaining Term of this Agreement as reimbursement for profits lost to Contractor by virtue of the City's early teri'nination of this Agreement. In no event shall any amounts paid or reimbursed upon tennination of this Agreement exceed the total maximum compensation Specified in Section 2 above.
17, NOTICE OF DEFAULT AND TERMINATION FOR CAUSE. If the City delivers written notice to Contractor notifying Contractor that it is in default of one or more of its obligations under this Agreement, specifying the nature of the default, and stating what steps Contractor must take to cure the default ("Default Notice"), and if such default remains uncured within ten (10) days following the City's delivery of the Default Notice, then the City may at any time thereafter irni'nediately terminate this Agreement upon written notice to Contractor. Upon such ternnination, the City shall pay Contractor an amount equal to the value of the Work satisfactorily performed hereunder as of the date of the Default Notice; provided, however, that the City retains all rights to recover damages incurred by the City as a result of Contractor's default, including without limitation the right of offset against amounts otherwise due to Contractor hereunder, and the rights specified in Section 18 below. Contractor shall have no right to any reimbursement for profit or lost profit. Following such termination, the City may procure, upon such terms and in such maru'ier as the City deems appropriate, maintenance services similar to those ten'ninatedhereunder. If,afternoticeofterminationofthisAgreementundertheprovisions of this Section 17, the City deten'nines, for any reason, that Contractor was not in default hereunder, or that such default had been cured, then the rights and obligations of the City and Contractor shall be the same as if the notice of ternnination had been a teri'nination for convenience issued pursuant to Section 16 above.

18. CITY'S REMEDIES FOR CONTRACTOR'S FAILURE TO PERFORM. Upon Contractor's default of any of its obligations hereunder, and at any time after any such default, the City may take any one or more of the following actions:

18.1 Forfeiture of Bond/Negotiation of Security. The City snay cause to be forfeited to the City all or a portion of any security given for the faithful performance of Contractor's obligations and may further cause to be negotiated any instrument of credit deposited with and assigned to the City in such amount as may be required to complete the Improvement work.

18.2 Performance by City at Contractor's Expense. Upon Contractor's default, the City may make written demand upon Contractor, or Contractor's surety (if any), or both, to iini'nediately remedy the default and complete the Work. If the required Work is not substantially commenced with in ten (10) days after the City's delivery of that written demand, or if it is not thereafter diligently prosecuted to a completion acceptable to the City within the timefirame set forth in the City's written demand, thenwithout limiting any otherremedy availableto the City, the Citymay complete (or arrange for the completion of) all remaining Work and/or conduct such other remedial activity as in its sole and absolute discretion it believes is necessary or 9 118
advisable. All such Work or remedial activity shall be at the sole and absolute expense and obligation of Contractor (and its surety, if any) without the necessity of giving any further notice to Contractor or its surety. The City's right to take such actions shall in no way be limited by the fact that the Contractor or its surety may have cori'unenced or completed any of the required Work at the time of the City's demand for performance. If the City elects to complete (or arrange for completion of) the remaining Work, then the City may require all Work by the Contractor and/or its surety to cease in order to permit adequate coordination and completion by the City or its designee of the remaining Work.

18.3 IssuanceofCease-and-DesistOrder. TheCitymayissueacease-and-desistorder by delivering written notice to Contractor demanding that Contractor immediately discontinue any actions specified in that written notice. Contractor agrees to imt'nediately comply with any such cease-and-desist order.

18.4 Injunctive Relief. The City shall have the right to apply for and obtain temporary and/or permanent injunctive relief or other equitable relief from a court of competent jurisdiction to enforce its rights and Contractor's obligations created by this Agreement, including without limitation relief in the form of a temporary restraining order and/or peimanent injunction restraining Contractor from committing or continuing to commit any breach or threatened breach of this Agreement. The City shall have the right to seek such relief without showing or proving any actual damage sustained by the City, and without posting bond or other security. In connection with the City's right to apply for the injunctive relief which is the subject of this Section 18.4, Contractor hereby acknowledges that Contractor's breach of its obligations hereunder will cause irreparable harm and injury to the City if such breach continues unabated following the City's request for injunctive relief.

18.5 0ther Relief. The City may seek any other remedies or relief, and take any other actions, available to the City under this Agreement, at law, or in equity.

19. INDEMNIFICATION AND DEFENSE. Contractor and its sureties (if any) shall indemnify and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.

20. MISCELLANEOUS.

20.1 Notices. All written notices required to be given pursuant to the terms hereof shall be either (a) personally delivered, (b) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, (c) delivered by overnight courier service, or (d) delivered by facsimile or e-mail 10 12
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transmission, provided that the oiiginal of such facsimile notice, or a copy of such e-mail notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile or e-mail transmission. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (a), (b) or (c) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party:

To tlie City:

City of South Gate
8650 California Avenue
South Gate, California 90280
Attention: Arturo Cervantes,
Asst. City Manager/Dir. of Public Works
TelephoneNo.: (323) 563-9512
Fax No.: (323) 563-9572
E-mail: acervantes@,sogate.org
City of South Gate
8650 California Avenue
South Gate, California 90280
Attention: Yodit Glaze, City Clerk
Telephone No.: (323) 563-9511
Fax No.: (323) 563-5411
E-mail: yglaze(2D,sogate.orz
To Contractor:

Oscar's Electric, Inc.
8304 Allport Ave.

Santa Fe Springs, California 90670
Attn: Oscar Flores
Title President
Telephone No.: (562) 696-4923
Fax No.: (562) 696-4904
E-mail: oscar(24oscarelectric.com
With a copy (which shall not constitute notice)
to:

Raul F. Salinas, Esq.

Craig D. Hardwick, Esq.

Alvarado Smith
1 MacArthur Place, Suite 200
Santa Ana, California 92707
TelephoneNo.: (714) 852-6800
Fax No.: (714) 852-6899
E-mail: [email protected]

20.2 Time. Time is of the essence of every provision contained in this Agreement.

20.3 Incorporation of Recitals and Exhibits. All of the recitals set forth in this Agreement, and all of the exhibits attached to this Agreement, are by this reference incorporated in and made a part of this Agreement as though fully set forth herein.

20.4 Successors and Assigns. Without limiting the generality of Section 13 above, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns.
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20.5 Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by any cause which is beyond the reasonable control of such party, provided that (a) the party affected gives written notice to the other of the cause and anticipated duration of the delay within three (3) days after the delay commences, and (b) this paragraph shall not extend either party's time for perfon'nance by more than thirty (30) days, regardless of the cause of the delay.

20.6 Construction. Tlie parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the nortnal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto.

20.7 Governing Law. This Agreement shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles.

20.8 Consent to Jurisdiction and Service of Process. All judicial proceedings brought against any party hereto arising out of or relating to this Agreement may be brought in any state or federal court of competent jurisdiction in the County of Los Angeles, State of California, and by execution and delivery of this Agreement each party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts (both personal jurisdiction and subject matter jurisdiction), waives any defense of forum non convenience and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. Each party hereby agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to any other party at its address provided herein, such service being hereby acknowledged by each party to be sufficient for personal jurisdiction in any action against said party in any such court and to be otherwiseeffectiveandbindingserviceineveryrespect. Nothinghereinshallaffect the right to serve process in any other manner permitted by law.

20.9 Counterparts. ThisAgreementmaybeexecutedinoneormorecounterparts,each of which shall be deemed an original but all of which shall constitute one and the same instrument. In addition, this Agreement may contain more than one counterpart of the signature page and may be executed by the affixing of the signatures of each of the parties to any one of such counterpart signature pages; all of such counterpart signature pages shall read as though one and they shall have the same force and effect as though all of the signers had signed a single signature page.

20.10 Entire Agreement. This Agreement, the Plans and Specifications, and the municipal codes and other laws cited in this Agreement, together contain the entire understanding of the parties and supersede any and all other written or oral understanding. No alteration of or amendment to this Agreement shall be effective 12 121
unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.

20.11 Captions. Any captions or headings to the Sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or deten'nination of validity of this Agreement or any provision hereof.

20.12 Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if sucli invalid, illegal, or unenforceable term or provision had never been contained herein.

20.13 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carg out the provisions of this Agreement.

20.14 NoWaiver. Anywaiver,consentorapprovalbyeitherpartyofanybreach,default or event of default of any provision, condition or covenant of this Agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Agreement. Anyfailureordelayonthepartofeitherpartyinexercisinganypower, right or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof.

20.15 Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies.

20.16 Joint and Several Liability. If Contractor constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several.

20.17 No Third-Party Beneficiaries. The parties hereto acknowledge and agree that no provision in this Agreement may be enforced by any third party.

20.18 Patriot Act Compliance. Contractor represents, warrants and covenants that neither Contractor nor any of its shareholders, officers, directors, members, managers orpartners (i) is listed onthe SpeciallyDesignatedNationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 (Sept. 25, 2001) ("Order") and all applicable provisions of Title III of the USA 13 122
Patriot Act (Public Law No. 107-56 (October 26, 2001)); (ii) is listed on the Denied Persons List and Entity List maintained by tlie United States Department of Commerce; (iii) is listed on the List of Terrorists and List of Disbarred Parties maintained by the United States Department of State, (iv) is listed on any list or qualification of "Designated Nationals" as defined in tlie Cuban Assets Control Regulations 31 C.F.R. Part 515; (v) is listed on any other publicly available list of terrorists, terrorist organizations or narcotics traffickers maintained by the United States Department of State, the United States Department of Comi'nerce or any other governinental authority or pursuant to the Order, the rules and regulations of OFAC (including without limitation the Trading with the Enemy Act, 50 U.S.C.

App. l -44; the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701- 06; the unrepealed provision of the Iraq Sanctions Act, Publ.L. No. 101-513; the United Nations Participation Act, 22 U.S.C. § 2349 aa-9; The Cuban Democracy Act, 22 U.S.C. §§ 60-01-10; The Cuban Liberty and Democratic Solidarity Act,

18.U.S.C. §§ 2332d and 233; and The Foreign Narcotic Kingpin Designation Act, Publ. L. No. 106-120 and 107-108, all as may be amended from time to time); or any other applicable requirements contained in any enabling legislation or other Executive Orders in respect of the Order (the Order and such other rules, regulations, legislation or orders are collectively called the "Orders"); (vi) is engaged in activities prohibited in the Orders; or (vii) has been convicted, pleaded nolo contendere, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering, drug trafficking, terrorist-related activities or other money laundering predicate crimes or in connection with the Bank Secrecy Act (31 U.S.C. §§ 5311 et. seq.). [Remainder of page left blank intentionally]
14 123

20.19 City Council Approval Required for Effectiveness of Agreement.

Notwithstanding any earlier execution of this Agreement by aiiy officer, employee or representative of the City, tliis Agreement shall not be binding upon or enforceable against the City unless and until it has been approved or ratified by the City Council of the City at a public meeting noticed and conducted in accordance with applicable provisions of the California Government Code.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATE:

BY:

Maria Davila, Mayor
Dated:

ATTEST:

B7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

F. Salinas, City Attorney
OSCAR'S ELECTRIC, INC.:

By:

Oscar Flores
Dated:
15 /7124
Exhibit "A"
Cost Proposal
A detailed description of the compensation payable to Contractor hereunder, including unit prices, monthly payments, and/or other information, conditions and limitations, is set forth on the Cost Proposal which is attached following this Exhibit "A" cover page. 16 125
n!"'CAR FFI. € (TRIC,INC,
8304 Allport Ave. Santa Fe Springs, CA 90670
ST ATE LIC, 743041

ELECTRICAL PROPOSAL
FROM:

OSCARaS ELECTRIC,INC. Cell 213-324-3523
8304 Allport Ave. Off. 562 -696- 4924
Santa Fe Spring CA. 90670 Fax 562- 696- 4904
[email protected] State Lice. 743041
mi com www.oscarselectric.com
PROPOSAL SUBMITTED TO:

PAGE N0. 10F l PAGES
DATE: 2/4/2025
Revised on 2/6/2025
Quote #05279
City of South Gate
Attn: Mr. Dy, Francisco
PHONE:

JOB NAME: New Transformer, New Basement 225A 1 20/208v 3p Four EV charger circuits
JOB ADDRESS:

We hereby submit specifications for the provision ofmaterials and laborto install a 75kva480-120/208v. 3phase tt'ansformeranda225A. 120/208v.3ppanelinthecitybasementparking,thisinstallationwillincludetoback-feedtheexisting 100A single-phase panel. Part ofthis installation consists ofusingthe existingl-1/2 rigid conduitthat feeds thelOOA panel for a newwiretofeedthetrai'isformer. AsrequestedbyDerwinandFrancisco,weareincludingtheelectricalinstallationoffourlevel lEVchargers.240v. singlephasecircuits
Total materials and labor $13,861.00
Totaladditiontotheproject $11982.00
Total $25,843.00
NOTE: 1. We do not include tl'ie EV chargers
NOTE:2 We do not include any city peimits. If requested, we will price it separately based on tlie Engineering plans NOTE:3 WewilluseEMTconduitforthisinstallation
aWmeohuenrteob7 %r4oEoSNeTIoYfF'rInVE'sh T'lanBoor'U&smANa'I)r!F,a'I-ccH[ornT'oHleTJ'ND' aRE"oDrdFaOncReTWY'hTIHheREabEoVDe €3:SLeLc'AR&aSI'oAN'Dns"%r 'Ohe CENTS ($25,843.00)
with palimetxt to be made upon completion.

Acceptance of this proposal by Owner or Contractor shall be acceptance of all terms and conditions recited herein which shall supersede other
banyylacwonwflh'icI'hn!vjee%mis l'enssa;'?nd all ccoosntIorafccIodloleccutmioenn, IinAclluldSinumg as nreoa's'oan"adbwlehaettnodrnueeys'hsaf1e' eb,esahra\nlIbereepsjaiodrb'hyecmonatXr'amctuomr/Ole!nael r.ratAelf'emmate'ffrieadl is guaranteed to be as specified. All work to be completed in a work like manner according to standard Bractices. Any alteration from aambooVuenStpoefcm'folcnai'e'osnasnd'nwvoilllvb'n!oemXIeraancoeSxItrwa'cl'hbaregeeXoevceur'ethdeoan!ol uu!tonstawte"d'oenntohridseprrsooprovsaelr.bOalsca!!?rsoEVlaelc'tfrilc',dIonec.SnshIaellXncoetedbearnesepXoIennssib"lee for delays or defaults where occasioned by any cause of.any kind and.extend beyond its.control, including but not limited to: delays caused by Owner, general contractor, architect and/or engineers delays m transportation, cml disorders, strixes, accidents, fires, floods, within 30days and it is void thereafter at the option of the undersigned.acts of God. This proposal subject to acceptance Authorized Signature Owe E. 7tme
126

ACCEPT ANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. Yori are authorized to do the work as specified.

Payment will be made as outlined above.

ACCEPTED:

DATE Signature
DATE Signature
127
Office of the
South Gate City Clerk
Item No. 5
FEB 2 0 2(125

CITY COUNCIL
A(G-ENDA B3'I[LL
Departmeixt Director:

For tlie Regular Meeting of: February 25, 2025
Orinepartment: Public Works
,,i"'D u CifflMayxager:

AVturo Cervantes Rob Houston
SUBJECT: NOTICE OF COMPLETION OF CONSTRUCTION OF THE AUTOMATIC METER READING (GGAMR") UPGRADE PHASE III, CITY PROJECT NO. 649-WTR
PURPOSE: To accept as complete the construction of the Automatic Meter Reading ("AMR") Upgrade, Phase III Project ("Project"). With the completion of construction, the retention payment to the contractor is due. Section 7107 of the Public Contract Code requires the City of South Gate ("City") to accept completion of the Project and issue public notice of such, prior to releasing the retention payment.

RECOMMENDED ACTIONS: The City Council will consider:
a, Accepting completion of the AMR Upgrade, Phase III City Project No. 649-WTR by T.E. Roberts, Inc., effective February 25, 2025; and b. Directing the City Clerk to file a Notice of Completion with Los Angeles County Registrar Recorder's Office.

FISCAL IMPACT: There is no fiscal impact to the General Fund. The final construction cost is $1,239,753, and it was funded with Water funds. The Project is budgeted in the amount of $1,578,966 in Water Funds as surni'narized below.

Services Budget
Design Phase $10,000
Construction Contract $1,239,753
Construction Management $131,716
Staff Time $50,000
Contingency $147,497
Total Pro,iect $1,578,966
ANALYSIS: Construction of the Project is complete. Staff is preparing to release the final retention payment to T.E. Roberts, Inc. The Public Contract Code establishes requirements that the City must abide to prior to releasing the final retention payment for the Project. The Notice of Completion provides written notice to conceri'ied parties tliat all work on the Project has been completed. The Notice of Completion ii'iitiates the 35-day period within which concerned parties may exercise their lien rigl'its for the work they performed on tlie Project. The City may use a 1 128
part or all of tl'ie 5% retention payment to settle any liens exercised against the City. If no liens or claims have been filed within 35 days of the filing of tlie Notice of Completion, the City will release the retention payment and any remaining amount due to the Contractor.

BACKGROUND: Tlie AMR Upgrade Phase III Project was implemented to replace aging water meters across the City's water system. As part of this initiative, approximately 1,700 water meters in the northwest section of the City were upgraded to advanced AMR meters. These state- of-tlie-ait meters provide more accurate readings, significantly reducing the time required for meter reading. This streamlined process not only minimizes the need for re-reads but also allows meter readers to focus their efforts on other essential tasks, saving valuable time and resources for the City.

On Januaryy 23, 2024, the City Council awarded a $1,267,250 construction contract to T.E.

Roberts, Inc., for the project. Due to the extended procurement time for water meter delivery, construction coinmenced on August 26, 2024, and was completed on January 10, 2025.

The contractor lias fulfilled all contract obligations, completing the work in accordance with approved plans and specifications while maintaining quality cra'ftsmanship, staying within budget, and meeting the project timeline. The Project completed has been inspected and confin'ned to meet all required standards.

The City Council may now accept the Project as complete. The Notice of Completion can now be filed with the Los Angeles County Registrar Recorder's Office.

ATT ACHMENTS: A.

B.

Notice of Completion
Contract No. 2024-03-CC*
*Each document is available for review through the City Clerk's Office.

DD:1C
2 129
Attachment A

RECORDING REQTJESTED BY

CITY OF SOUTH GATE

I AFTERRECORDINGMAILTO J

CITY CLERK OFFICE

CITY OF SOUTH GATE
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
L J
SPACE ABOVE TmS LINE FOR RECORDER'S USE

NOTICE OF COMPLETION
NOTICE is liereby given that:

I Tlie undersigned is owner of the interest stated below in tlie property hereinafter described; 2 Tlie NAME (including tliat of tlie undersigned), ADDRF,SS and NATURE OF TITLE of every person owning any Interest in sucli property is as follows:

FULLNAME FULLADDRESS NATUREOFTITLE
City of South Gate 8650 California Avenue In Fee
South Gate, CA 90280
3 Tlie names and addresses of tlie transferors of the undersigned owner: (to be sliown if tlie undersigned is a successor in interest of tlie owner who caused tlie improvement to be constructed, etc.) 4 A work of improvement on tlie property hereinafter described was COMPLETED ON January 10, 2025
5 Tl'ie name of tlie CONTRACTOR, if any, for such work of improvement was T.E. Roberts, Inc. 6 Tlie property on wliicli said work of iinprovement was completed is in tlie City of Soutl'i Gate, County of Los Angeles, State of California, and is described as follows:

AUTOMATIC METER READING (AMR) UPGRADE, PHASE III, CITY PROJECT N0. 649-WTR, REPLACED 1700 METERS LOCATED ON THE NORTH WEST SECTION OF THE CITY. 7 The street and address of said property is: Between Long Beacli Blvd & San Juan and
Between Santa Aria St
and Independence Ave.

Dated: February 25, 2025
8 Signature of
Owner or Owners Maria Davila, Mayor
City of Soutli Gate
3 130
A Notary Public or other officer completitzg this certificate verifies oidy tlie identiffl of tlie individual wlio sigixed the document to which this certificate is attached, and not tlie truthfulness, accuracy, or ' a o tliat documetd.

ST ATE OF CALIFORNIA

COUNTY OF LOS ANGELES
SS
Subscribed and sworn to (or affin'ned) before me on tliis day of 20 , ly , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Signature: Place Notary Seal Above
zy131
Item No. 6
Office of the
South Gate City Clerk
Ciffl of South Gate
AGENDA EI[LL
For the Regular Meeting o'f: February 25. 2025
g pepartment: Public Works
Departmeixt Director: , ;i City Mattager:
o Cervanies Rob Houston
SUBJECT: NOTICE OF COMPLETION FOR THE LONG BEACH BOULEVARD STREET IMPROVEMENTS PROJECT, CITY PROJECT N0. 515-ST, FEDERAL PROJECT NOS. ATPL-5257(033) AND HSIPL-5257(037)
PURPOSF,: Construction on the Long Beach Boulevard Street Improvements Project ("Project") lias been completed, and the retention payment to the contractor is due. In compliance with Section 7107 of the Public Contract Code, the City of South Gate ("City") must formally accept the completion of the Project and issue public notice before releasing the retention payment.

RECOMMENDED ACTIONS: The City Council will consider:
a. Accepting completion of construction, effective February 21, 2025, of the Long Beach Boulevard Street hnprovements, City Project No. 515-ST, constructed by Sequel Contractors, Inc.; and
b. Directing the City Clerk to file a Notice of Completion with the Los Angeles County Registrar Recorder's Office.

FISCAL IMPACT: There is no fiscal impact on the General Fund. The final construction contract amount is $7,626,833, which includes:
* The original contract amount of $7,578,763
* ChangeOrderNo.l,whichincreasedthecontractby$408,071
* Change Order No. 2, which reduced the contract by $360,000 The Project is 'Junded through $10,565,708 in grants and local return funds, as detailed in Attachi'nent E.

ANALYSIS: Construction of the Project is complete. Staff is preparing to release the final payment to Sequel Contractors, Inc. The Public Contract Code Section 7107 establishes that the City must accept the completion of construction and issue a public notice of such prior to releasing the final payment on construction projects. The Notice of Completion ("NOC") meets this requirement. It provides written notice to concerned parties that all work on the project has been completed. The NOC initiates the 35-day period within which concerned parties may exercise their lien rights for the work they performed on The Boulevard Project. The City may use a part, or all, of the 5% retention payinent to settle any liens exercised against the City. If no 1 132
liens or claims have been filed within 35 days of the filing of the NOC, the City will release the retention and any remaining amounts due to the Contractor.

Contract No. 2023-67-CC required a 5% retention be held from constniction invoice payments, which totaled $381,342 and released within 60 days of completion of the work. Construction will be completed on February 21, 2025; thus, the retention payment is due April 21, 2025.

However, tlie Public Works Department plans to authorize release of 50% of the retention amount after City Council approval of the NOC and then release tlie balance on Apiil 21, 2025.

This is justified because SCE is taking longer than expected to schedule crews to energize a service pedestal that was installed on the Project. SCE plans to energize it in March 2025. This creates a schedule extension that is beyond the contractor's control. Further, the schedule extension does not impact the status of work already completed by the contractor for wl'iich liens could be filed. Withholding 50% retention would suffice in meeting contract obligations.

BACKGROUND: This project is part of the Capital Improvement Program, aimed at enhancing safety, traffic circulation, landscaping, greening, and beautification along Long Beach Boulevard from Santa Ana Street to Tweedy Boulevard. Using a complete streets approach, the project improves conditions for vehicles, bicycles, and pedestrians while supporting energy efficiency and alternative transportation.

On May 23, 2023, the City Council approved Contract No. 2023-67-CC with Sequel Contractors, Inc., for $7,578,763. Construction began September 11, 2023, and concluded February 21, 2025.

Two change orders were necessary to complete construction and approved administratively, as follows:
* On February 10, 2025, Change Order No. 1 was administratively approved in the amount of $408,071. Improvements included unforeseen electrical work, curb ramps, median island, solar-powered irrigation system, relocation of pedestrian lighting, and traffic safety improvements.
* On Febmary 18, 2025, Change Order No. 2 was administratively approved, resulting in a $360,000 cost reduction in the contract amount. This reflects a $517,361 deduction for work that was not needed to complete construction. It also reflects $157,361 for additional improvements completed, work sucli as expanded pavement removal and replacement, increased median and parkway topsoil application, additional concrete work for parkway bioswale installation, additional traffic pushbutton installations and pedestrian lighting.

The final contract amount was $7,626,833.

The contractor has fulfilled all contract obligations, completing the work in accordance with approved plans and specifications while maintaining quality cra'ftsmanship, staying within budget, and meeting the project timeline. The project completed has been inspected and confirmed to meet all required standards.
2 133
The City Council is now positioned to accept the completion of the Project and file the Notice of Completion with the Los Angeles County Registrar Recorder's Office.

ATTACHMENTS: A. Notice of Completion
B. Proposed Change Order No. 2
C. Change Order No. 1
D. Contract No. 2023-67-CC Sequel*
E. Budget Suini'nary
F. Location Map
*Each document is available for review through the City Clerk's Office.

KT:lc
134
Attachment A

RECORDING REQUESTED BY

CITY OF SOUTH GATE
I AFTERRECORDINGMAILTO ffl

CITY CLERK OFFICE

CITY OF SOUTH GATE
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
L J
SPACE ABOVE TmS LINE FOR RECORDER'S USE

NOTICE OF COMPLETION
NOTICE is liereby given tliat:
1 The undersigned is owner of the interest stated below in the property liereinafter described; 2 The NAME (including that of the undersigned), ADDRESS and NATURE OF TITLE of every person owning any Interest in sucli property is as follows:

FULLNAME FULLADDRESS NATUREOFTITLE
City of South Gate 8650 California Avenue h'i Fee
South Gate, CA 90280
3 Tlie names and addresses of tlie transferors of the undersigned owner: (to be shown if the undersigned is a successor in interest of the owner who caused the iinprovement to be constructed, etc.) 4 A work of improvement on the property hereinafter described was COMPLETED ON 02/21/2025 5 The name of tlie CONTRACTOR, if any, for such work of iinprovement was Sequel Contractors, h'ic., 13546 Imperial Highway, Santa Fe Springs, CA 90670
6 The property on wliich said work of iinprovement was completed is in the City of South Gate County of Los Angeles, State of California, and is described as follows:

THE LONG BEACH BOULEVARD STREET IMPROVEMENTS PROJECT, CITY PROJECT N0. 515-ST, FEDERAL PROJECT NOS. ATPL-5257(033) AND HSIPL-5257(037) 7 The street and address of said property is: 8620 California Ave, South Gate, CA 90280
Dated: February 25, 2025
8 Signature of
Owner or Owners Maria Davila, Mayor
City of Soutli Gate
Y
135
A Notary Public or other officer completing this
certificate verifies O/dJ7 the ideixtity of the individual who signed the document to which this certificate is
attached, aiid not the truthfulness, accuracy, or
" o thatdocument.

ST ATE OF CALIFORNIA

COUNTY OF LOS ANGELES
SS
Subscribed and sworn to (or affirmed) before me on this day of 20 , by , proved to me on the basis of satisfactory
evidence to be the person(s) who appeared before me.

Signature: Place Notary Seal Above
136
Attachment B

CITY OF SOUTH GATE

PUBLIC WORKS DEPARTMENT
Capital Projects Division
CONTRACT CHANGE ORDER N0. 2 (BALANCING)
PROJECT NAME: Lonq Beach Boulevard Street Improvements Tweedy Blvd to Santa Ana St 7(,, Sequel Contractors, Inc.

You are hereby instructed to comply with the following changes from the Contract Plans and Specifications:

SUMMARY OF C} ANGES
Description
(Detailed Explanation Attached)
Change in
Contract Price'
Change in Work
Days
1 Item 6 Remove and Construct PCC Sidewalk over 6 inch Compacted AB -$80,586.00 o 2 Item 8 Remove and Construct Curb and Gutter Type A-2 -$17,400.00 o 3 Item 9 Remove and Construct Cross Gutter & Spandrel $6,000.00 o A Item 10 Install Pedestrian Lighting Conduit and Cable -$48,413.70 o '5 Item 11 Install Pedestrian Lighting Luminaire with LED Lamp, Foundation -$28,000.00 o 6 Item 12 Install Electrical Service Pedestal and Meter Cabinet -$1 10,000.00 o 7 Item 13 Install Pedestrian Push Butkon Post -$16,000.00 o 8 Item 16 Remove Existing Tree $5,100.00 o
9 Item 17 Plant 15 Gal. Trees -$3,500.00 o
10 Item 18 Adjust Street Light/Traffic Signal Pull Box to Grade -$30,500.00 o 11 Item 19 Adjust Water Meter Box to Grade -$2,000.00 o 12 Item 26 Construct Median Curb, Type B-6 -$7,602.00 o 13 Item 27 Construct Median Curb, Type A3-6 -$16,944.00 o ljl Item 28 Construct 9" Concrete PavemenU6" Aggregate Base -$10,500.00 o i5 Item 29 Construct Median Suface - Cobblestone Paving -$49,308.00 o 16 Item 30 Construct Median Suface - Decomposed Granite $414.00 o 17 Item 33 Install Loop Detectors $2,250.00 o
18 Item 39 Excavation - Concrete Pavement & Median Removal $6,507.00 o 19 Item 40 Excavation - Asphalt Concrete Removal $20,166.00 o 20 Item 41 Excavation - Llnclassified (Overexcavation in Median Planting $7,853.65 o 21 Item 42 Topsoil (median and tree wells) $9,196.15 o 22 Item 43 Bioswale Soil Mix -$4,891 .50 o
23 Item 44 Median Landscaping $5,258.00 o
24 Item 45 Irrigation System $11,115.00 o
25 Item 48 Parkway Bioswale - Remove and Replace Curb and Gutter -$1 ,400.00 o 26 Item 49 Parkway Bioswale - Sidewalk Removal and Bioswale Excavation _$4,493.75 o 27 Item 50 Parkway Bioswale - Sidewalk -$52,740.00 o
28 Item 54 Parkway Bioswale - Adjust Sewer Cleanout to Grade -$4,000.00 o 29 Item 55 Parkway Bioswale - Landscaping -$1 ,728.00 o 3C Item 56 Median Trees $4,725.00 o
31 Item 58 LIGG Informational Signs -$4,000.00 o
32 Item 63 Cold Mill Existing AC Pavement (3 inch) $17,727.50 o 33 Item 64 Construct ARHM Overlay (3 inch) $33,694.32 o 3A Item 65 Atjust Manhole and Cover to Finished Grade $4,000.00 o Net Change in Contract Price and Work Davs _$360,000.33 o ' Deduction or decrease in Contract Price is denoted in parentheses.

The following change is hereby made a part of the Contract Documents and shall be peformed under the same terms and conditions as required by the original Contract Documents. Except as modified herein, the original Contract Documents and all prior amendments shall remain in full force and effect and all of the terms of the Contract Documents are hereby incorporated in this Change Order.

I of 3
137

SUMMARY OF ALL CHANGE ORDERS
ORIGINAL CONTRACT AMOllNT
CHANGE ORDER 1
CHANGE ORDER 2 (BALANCING)
TOTAL
7,578,763.00
$408,070.58
(360,000.33)
7,626,833.25

SUMMARY OF WORKING DAYS

FIRST DAY OF WORK

CONTRACT WORKING DAYS
TIME EXTENSION: CCO 1 (FINAL)

NEW TOT AL WORKING DAYS
LAST DAY OF WORK:

CHANGE ORDER NO.

PROJECT NAME:

CHANGE ORDER DET AIL
100
o
100
DATE
x
Y
X+Y

NEW DATE
The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file in the Department of Public Works. Shown as separate paragraphs:
(A) Reason for Change; (B) Description of Change: (C) Change in Contract Costs; and (D) Change in Completion Date.

Item No. 1: Adjustment of Final Bid Quantities
A. Reason for Chanqe:

Due to conditions encountered during construction, modifications to the amount of work were determined to be appropriate, and the changes were addressed by means of adjusting applicable contract quantities, as outlined below B. Description of Chanqe:

Item Description Llnit Unit Price Bid or
Current
Approved
QTY
Final QTY Change Change in
Cost'
l'
Itelti FFrgltT(}(FQiTAtl'uFFCC,bldW(Tfflr ti InGn
Compacted 4g
SS -' -r 'is:ot
l T-2g4771!,
j 'W4f.00 - -445 J!T!!ereleJ:

Item 8 Rem onskuct Curb -2 _ LF L__aUU)OiaJl.-m:% a3 ! u "---3"'- Item 9 Remove and Construt. €'Eross-G-u-tter-&-S-pan-dr-el 'SF - - 6.6c ""--'5Th-a1':0-6 '6141.00 "200.00 $ 6,000.OC 14 lttlnl I u Illgiall peiasgm4gcignrtq uiTlaul( aria Ladle IJ- >u .U1it1i 1141X1.(All 'ultRl21J/ -!.'l/.!l!! I 1Q!1,4 r71 i5
Item ll Install Pedestrian Llghting Luminaire with LED Lamp, Foundatlon antklullbox
EA s 44oi XI 86.a0
81 jD0 -2.00 $ (28,000.00:
. I j2 11EI y NI P r ! Jl! % 3.00 -2.00 $ (110,000.00:
7 Item 13 Install Pedestrian Push Button Post r j, o-o.oc ' -"ng.OO "" 11.00 -4.00 i ' (16.000.00', 8 Item 16 Remove Existing Tree EA J 1,700.OC 62.00 65.00 3.00 $ 5,100.OC g Item 17 Plant 15 Gal. Trees EA !l 350.00 53.00 43.00 -10.00 ; (3,500.00) 10 Item 18 Adjust Street Light/Traffic Signal Pull Box to Grade EA i 500.00 102.00 41 .00 -61 .00 i (30.500.00) 11 Item 19 Adjust Water Meter Box to Grade EA i 500.00 7.00 3.00 -4.00 J (2,000.00) 12 Item 28 Construct Median Curb, Type B-6 LF i 42.00 aoig.oo 5838.00 -181.00 j (7,802.00) 13 Item 27 Construct Median Curb, Type 43-8 LF i 48.00 2698.00 2345.00 -353.00 i (16,944.00) 14 Item 28 Construct 9" Concrete Pavement/6" Aggregate Base SF i iOO.OO 660.00 555.00 -105.00 i (10.500.00) 15 Rem 29 Construct Median Suface - Cobblestone Paving SF i 12.00 ta<og.oo 9300.00 -4109.00 i (40.308.00) 16 Item 30 Construct Median Surface - Decomposed Granite SF [ 9.00 2024.00 2070.00 46.00 ; 414.00 17 Item 33 Install Loop Detectors EA J 375.00 86.00 92.00 6.00 i 2,250.00 18 Item 39 Excavation - Concrete Pavement & Median
Removal
SF $ 3.00 12796.00 14965.00 2169.00 $ 6,507.00
19 Item 40 Excavation - Asohalt Concrete Removal SF $ 3.00 16024.00 227 46.00 8722.00 $ 20,166.00 20 Item 41 Excavation - Unclassified (Overexcavation in Median Planting Areas)
CY $ 95.00 675.00 757.67 82.67 $ 7,853.65
21 Item 42 Topsoil (median and tree wells) CY i 85.00 725.00 833.19 108.19 $ 9,196.15 22 Item 43 Bioswale Soil Mix Cy i 150.00 250.00 217.39 -32.61 $ (4,891.50) 23 Item 44 Median Landscaping SF $ 5.50 9096.00 10052.00 956.00 $ 5,258.00 24 Item 45 migation System " SF $ 15.00 12461.00 I 3202.0 € 74100 $ 11,115.00 2 of 3
138
25 Item 48 Parkway Bioswale - Remove and Replace Curb and Gutker
LF $100.00 585.0 € 571 .00 -14.0 € $ (1,400.00:
26 Item 49 Parkway Bioswale - Sidewalk Removal and
Bioswale Excavation
CY $ 125.0(] 470.00 434.05 -35.95 $ (4,493.75:
27 Item 50 Parkway Bioswale - Sidewalk SF $ 10.00 5960.00 686.00 -527 4.00 $ (52,740.00) 28 Item 54 Parkway Bioswale - Adjust Sewer Cleanout to Grade
EA $ 800.00 5.0 € 0.00 -5.00 $ (4,000.00:
;_g Item 55 Parkway Bioswale - Landscaping SF $ 8.00 3366.00 3150.00 -216.00 $ (1,728.00) 30 Item 56 Median Trees EA i 225.00 102.(X) 123.00 2LOC $ 4.725.OC 31 Item 58 UGG Informational Signs EA ! [ 2,000.00 2.00 0.00 -2.00 $ (4,000.00) 32 Item 63 Cold Mill Existing AC Foavement (3 inch) SF $ 0.50 292210.(X, 327665.00 35455.00 (! 17,727.50 33 Item 64 Construct ARHM Overlay (3 inch) TON $ 132.00 5115.00 5370.26 255.26 ! 33,694.32 34 Item 65 Adjust Manhole and Cover to Finished Grade EA $ 1,000.00 36.00 40.00 4 00 $ 4,000.00 'Deduction or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ (360,000.33)
D. Chanqe in Completion Date:

Add Working Days o
81GNATURE PAGE TO FOLLOW:

The original Contract Price was
Contract Change Order No. 1( final) increase/ decreased the Contract Price by The new Contract price will be
Increase/ Decrease of percentage to the original Contract The original Contract Time of
Change Order No. 2
200 Working day was extended by
. The last contract Working Day is the new Date
Ordered:

Rob Houston, City Manager
Concurred by:

Arturo Cervantes, Assistant City Manager/Director of Public Works Concurred by:

Luis Osuna, Deputy City Engineer
Concurred by:

Kenneth Tang, Senior Engineer
Date:

Date:

Date:

Date:
7,578,763.00
(360,000.33)
7,626,833.25
100.63%
Working Days Per
This Change Order is in full compromise and settlement of all adjustments to Contract Time and Contract Price, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing site conditions, construction inteferences and other extraordinary or consequential damages (hereinaffer called "Impacts"), including any ripple or cumulative effect of these Impacts on the overall Work under the Contract arising directly or indirecUy from the performance of Work described in this Change Order. By execution of this Change Order, the Contractor agrees that this Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, ot any costs of any nature, character or kind arising out of or incidental to this Change Order.

Name:

Title:

Date:
3 or 3
f 139
Attachment C

CITY OF SOUTH GATE

PUBLIC WORKS DEPARTMENT
Capital Projects Division
CONTRACT CHANGE ORDER N0. 1 (Final)
PROJECT NAME: Long Beach Boulevard Street Improvements Tweedy Blvd to Santa Ana St TO: Sequel Contractors, Inc.

You are hereby instructed to comply with the following changes from the Contract Plans and Specifications:

SUMM ARY OF CHAh GES
Description
(Detailed Explanation Attached)
Change in
Contract Price'
Change in Work
Days
1 Relocation of existing pedestrian head at Palm Ave NW comer traffic signal due to new tamp construction
$3,505.97 o
2 Contractor to procure traffic pull boxes for new ramp and sidewalk construction $4,846.09 o 3 Removal of existing marble light poles and replace poles with new Type 15 poles for the new rapid beacon equipment and signs
$44,122.53 o
4 Procure 4 additional pedestrian Ashbury lights and poles per field operations depanment
$32,027.93 o
5 Install 6 each stteet name signs $23,462.41 o
6 Install PCC median island at Long Beach and Santa Ana street $25,032.31 o 7 Procure 3 Solar Powered Irrigation Conktollets $13,966.45 o 8 AC Leveling Course $28,000.00 o
9 Slurry seal ninety (90) pull boxes for pedestrian lights $65,379.60 o 10 Additional striping and pavement markings per revised plans $41,163.31 o ll Install Bollards two (2) crosswalks, Glenwood Place and Pine Place $17,268.29 o 12 Install 4" traffic button raised yellow markets around the cobblestone curb at 12" on center ak ADA curb ramps
$4,000.00 o
13 Reconstruct curb ramps at NE comer Tweedy and NE corner of Southem Ave $47,503.00 o 14 Remove "No U-tum" signs on signal mast arms ak Palm Place $2,000.00 o 15 Install additional conduit for SCE pedestal at 2806 Ardmore Ave. $30,000.00 o 16 Various Time and Material tickets for work throughout the project $25,792.69 o Net Change in Contract Price and Work Days $408,070.58 ' Deduction or decrease in Contract Price is denoted in parentheses.

The following change is hereby made a part of the Contract Documents and shall be performed under the same terms and conditions as required by the original Contract Documents. Except as modified herein, the original Contract Documents and all prior amendments shall remain in full force and effect and all of the terms of the Contract Documents are hereby incorporated in this Change Order.

SUMMARY OF ALL CHANGE ORDERS
ORIGINAL CONTRACT AMOUNT 7,578,763.00
CHANGE OR[)ER 1 (FINAL) 408,070.58
TOTAL 7,986,833.58

SUMMARY OF WORKING DAYS
FIRST DAY OF WORK 9/11 /2023 DATE
CONTRACT WORKING DAYS 200 x
TIME EXTENSION: CCO 1 (FINAL) o Y
NEW TOTAL WORKING DAYS 200 X+Y
I of 8
140
LAST DAY OF WORK: NEW DATE

CHANGE ORDER DETAIL
CHANGE ORDER NO. 1
PROJECT NAME: Long Beach Boulevard Street Improvements Tweedy Blvd to Santa Ana St The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file in the Department of Public Works. Shown as separate paragraphs:
(A) Reason for Change; (B) Description of Change: (C) Change in Contract Costs; and (D) Change in Completion Date.

Item No. 1 :

A. Reason for Chanqe:

Due to the new construction of the curb ramp at the northwest corner of Palm and Long Beach Blvd. the pedestrian head and pole had to be relocated in order to meet ADA compliance for the new ramp. The plans did not call for modifications to the existing conditions.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
1 Relocation of existing pedestrian pole/head at Palm Ave NW corner traffic signal due to new ramp construction LS $ 3,505.97 1 .00 1 .00 1 .00 $ 3,505.97 'Deduction or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 3 505.97
D. Chanqe in Completion Date:

Add Working Days o
Item No. 2:

A. Reason for Chanqe:

The contract documents specified the city was to provide all pull boxes that were to be replaced due to new construction. The city did not have enough pull boxes and requested the contractor to procure a specific amount of boxes for the project. Any remaining boxes will be sent to the city yard.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Ftnal
QTY
Change Change in
Cost'
2 Contractor to procure traffic pull boxes for new ramp and sidewalk construction LS $ 4,846.09 1 1 1 $ 4,846.09
'Deductioi' or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 4,846.09
D. Chanqe in Completion Date:

Add Working Days o
2 of 8
IQ
141
Item No. 3:

A. Reason for Chanqe:

The plans call for new Rapid Beacons to be installed at Glenwood and all equipment to be installed on the existing poles. The existing poles were marble light poles which were not capable for installing any signs or beacons onto them. The poles had to be replaced with Type 15 metal poles.

Work included removing and salvaging equipment to the city yard and installing the new poles and foundations.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
3 Removal of existing marble light poles and replace poles with new Type 15 poles for the new rapid beacon equipment and LS $ 44,122.53 1 1 1 $ 44,122.53 'Deductioii or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 44,122.53
D. Chanqe in Completion Date:

Add Working Days 3
Item No. 4:

A. Reason for Chanqe:

The city field operations department requested four (4) additional pedestrian light and poles be provided as spares to the city yard in case of damage to the poles by the public due to the poles not being a standard pole.

B. Description of Chanqe:

Item Description Unit Untt Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
4 Procure 4 additional pedestrian Ashbury lights and poles per field operations department LS $ 32,027.93 1 1 1 $ 32,027.93 'Deductioii or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 32,027.93
D. Chanqe in Completion Date:

Add Working Days o
Item No. 5:

A. Reason for Chanqe:

The city requested to replace deteriorating street name signs at three (3) locations which was not part of the project. The locations were Kansas Ave., Southern Ave., and Ardmore Ave.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
5 Install six (6) each street name signs LS $ 23,462.41 1 1 1 $ 23,462:41 tDeductioii Or decrease in Contract Price is denoted in parentheses. 3 of 8
142
C. Chanqe in Contract Costs
23,462.41
D. Chanqe in Completion Date:

Add Working Days o
Item No. 6:

A. Reason for Chanqe:

The city requested to install a small concrete median island at Long Beach Blvd. and Santa Ana. This was to prevent vehicles from continuing in the opposing lefi turn lane in order to enter the shopping mall. The contractor had to remove the existing pavement and construct a concrete curb and fill the area with concrete, along with paint and delineators.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
6 Install PCC median island at Long Beach and Santa Ana street LS $ 25,032.31 1 1 1 $ 25,032.31 'Deduction or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 25,032.31
D. Chanqe in Completion Date:

Add Working Days o
Item No. 7:

A. Reason for Chanqe:

The contractor was requested to procure three (3) solar powered irrigation controllers due to the lack of SCE final plans being completed and power being supplied for the project and the contractor installing landscaping which needed to be water. This prevented delays to the landscaping work being completed.

B. Description of Chanqe:

Item Description Unit Unit Prk.e Bid or
Current
Approved
QTf
Final
QTY
Change Change in
Cost'
7 Procure 3 Solar Powered Irrigation Controllers LS $ 13,966.45 1 1 1 $ 13,966.45 'Deductioii or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 13,966.45
D. Chanqe in Completion Date:

Add Working Days o
Item No. 8:

A. Reason for Chanqe:

Per the contract requirements 2.5 inches was required for a rubberized cap to be done once the grinding of the pavement was completed. Per the discussions with the designer it was determined to reduce the rubberized cap and place a leveling course to promote a smoother finish to the pavement.

B. Description of Chanqe:
4 of 8
143
Item Description Unit Llnit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
8 Asphalt Concrete Leveling Course LS $ 28,000.00 1 1 1 $ 28,000.00 tDeduction Or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 28,000.00
D. Chanqe in Completion Date:

Add Working Days
Item No. 9:

A. Reason for Chanqe:

The city requested the contractor to slurry seal all new pedestrian light pole pull boxes, in order to prevent theft of the wiring which is a major issue in the city. Contractor shall complete the work once all wiring is in place and lights have been tested.

B. Description of Chanqe:

Item Description Unit Llnit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
9 Slurry seal ninety (90) pull boxes for pedestrian lights EA $ 72ei.44 go 90 90 $ 65,379.60 tDeductioii Or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 65,379.60
D. Chanqe in Completion Date:

Add Working Days
Item No. 10:

A. Reason for Chanqe:

The city and designer made changes to the striping plans which added and removed some items. The changes were the result of added striping and pavement markings, including red curb, arrows, yellow paint at median noses, and removal of some bike markings and crosswalk. Revised plans were provided by the designer.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
10 Additional striping and pavement markings per revised plans LF $ 41,163.31 1 1 1 $ 41,163.31 'Deductioii or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 41,163.31
D. Chanqe in Completion Date:

Add Working Days o
Item No. 1'l:

A. Reason for Chanqe:
5 of 8
144
The city requested the contractor to provide and install bollards at the two (2) new crosswalk locations at Glenwood Ave. and Pine Place in the median areas. This is to prevent vehicles from using the areas to drive through and cross the street.

B. Description of Chanqe:

Item Description Unit Llnit Price Bid or
Current
Approved
QTY
Final
Q'n'
Change Change in
Cost'
II Install Bollards two (2) crosswalks, Glenwood PI and Pine PI LS $ 17,268.29 I 1 1 $ 17,268.29 'Deductioi'i or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 17,268.29
D. Chanqe in Completion Date:

Add Working Days o
Item No. 12:

A. Reason for Chanqe:

The city requested the contractor to install 4" traffic buttons around the newly placed cobblestone at the curb ramps to help prevent pedestrians from tripping on the cobblestone. This is also to prevent pedestrians from walking on the cobblestone and to use the ramp area.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
12 Install 4" traffic button raised yellow markers around the cobblestone curb at 12" on center at ADA curb ramps LS $ 4,000.00 1 1 1 $ 4,000.00 'Deduction or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 4,000.00
D. Chanqe in Completion Date:

Add Working Days o
Item No. 13:

A. Reason for Chanqe:

It was determined that the ramps at the NE corner of Tweedy and the NE corner of Southern, which had cobblestone had pedestrians walking on the cobble which is a non walkable surface and creating a potential safety problem with people going into the street. The ramp at Southern was also determined to be the wrong type of ramp and both were reconstructed due to the angle of the two streets. Pedestrian push buttons were also installed to meet ADA requirements. All work was completed on time and material basis.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
13 Reconstruct curb ramps at NE corner Tweedy and NE corner of Southern Ave T&M $ 47,503.00 1 1 1 $ 47,503.00
'Deduction or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 47,503.00
6 of 8
145
D. Chanqe in Completion Date:

Add Working Days
Item No. 14:

A. Reason for Chanqe:

Due to the new construction of the median island along Long Beach Blvd. north of Palm Ave., the city requested the contractor to remove the "No U-turn" signs that were on the traffic signal mast arms. This will allow vehicles to access the shopping areas more easily. All work was done on a time and material basis.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
14 Remove "No U-turn" signs on signal mast arms at Palm PI T&M $ 2,000.00 1 1 1 $ 2,000.00 'Deduction or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 2,000.00
D. Chanqe in Completion Date:

Add Working Days
Item No. 15:

A. Reason for Chanqe:

SCE power connection which was shown on the plans was not a viable locations for a power connection as determined by SCE. A new location which was further than shown on the plans required the contractor to install an additional length of conduit and conductors.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
15 Install additional conduit for SCE pedestal at 2806 Ardmore LS $ 30,000.00 1 1 1 $ 30,000.00 'Deduction or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 30 000.00
D. Chanqe in Completion Date:

Add Working Days
Item No. 16:

A. Reason for Chanqe:

Various time and material work to remove/replace cobblestone and place temporary asphalt at curb ramps for safety of the pedestrians. ASSiSt city water department for water line damage in street due to not marked out or shown on project plans.

B. Description of Chanqe:

Item Description Unit Unit Price Bid or
Current
Approved
QTY
Final
QTY
Change Change in
Cost'
7 of 8
146
16 Various Time and Material tickets for work to remove/replace cobble and place temp AC at ramps. ASSiSt city water
department for waterline damage not shown on plans.

LS $ 25,792.69 1 1 I $ 25,792.69
'Deduction or decrease in Contract Price is denoted in parentheses.

C. Chanqe in Contract Costs
Add $ 25,792.69
D. Chanqe in Completion Date:

Add Working Days
SIGNATURE PAGE TO FOLLOW:

The original Contract Price was
Contract Change Order No. 1( final) increase/ decreased the Contract Price by The new Contract price will be
Increase/ Decrease of percentage to the original Contract The original Contract Time of
Change Order No. 1
200 Working day was extended by
. The last contract Working Day is the new Date
Ordered:

Rob Houston, City Manager
Concurred by:

Arturo Cervantes, Assistant City Manager/Director of Public Works Concurred by:

Luis Osuna, Deputy City Engineer
Concurred by:

Kenneth Tang, Senior Engineer
Date:

Date:

Date:

Date:
7,578,763.00
408,070.58
7,986,833.58
105.38%
Working Days Per
This Change Order is in full compromise and settlement of all adjustments to Contract Time and Contract Price, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effect of these Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in this Change Order. By execution of this Change Order, the Contractor agrees that this Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of any nature, character or kind arising out of or incidental to this Change Order.

Name:

Title:

Date:
8 of 8
147
Project Description Long Beach Boulevard, 515-ST, ATPI,5257(033) AND HSIPL-5257(03 7) Total
aP Account No. 311-790-31-9565
City Council Action "5-Year Cn' "5-Year CIP CC Action 5/23/2023 Fiinding Sources
ATP Funds HSn' Funds Urban Greening Prop C Funds Measure R SB-I Funds Road Mitigation Fee TDA 3 Bikeway Budget Adj Gas Tax Road Mitigation Fee $ 2,250,000 $ 1,485,810 $ 1,779,2(N) $ 1,170,DOG $ 1,295,398 S 500,000 $ 300,000 $ 124,620 S 1,014,435 $ 80,140 $ 780,000 $ 10,779,603 %blic Outreach, staff time, PM services $ 26,000 $ 67,500 $ 39,00( S 160,231 $ 83,675 $ 73,74l S 450,147 Design Contract (Mark Thomas) $ 301,000 $ 275,000 $ 80,000 $ 8,592 S 664.592 Amendment l (Mark Thomas) $ 67A50 S 67,850
Amendment2 (Mark Tliomas) $ 67,51! $ 67.515
Amendment 3 (Mark Thomas) $ 6358; $ 68,582
Construction Contract $ 1,923,00 € $ 1,008,310 $ 1,429,200 $ 580,000 $ 809,490 $ 300,000 $ 150,000 $ 124,620 $ 475,380 $ 778,763 $ 7.578.763 Construction Contingency $
CCO No l $ 184,65) $ 110.000 $ 50,000 $ 63,413 $ 408.071 CCO No 2 (credits) $ (90,000) $ (90,000) $ (90,000) $ (90,000) S (360,000) Emergency Sinkhole Repair Transfer $ 38,393 $ 26,798 $ 65,191 Budget Adjustments & Amendn'iens $ 96,60i $ 131,235 $ 90,000 $ 78,553 $ 355,380 $ 751 .775 Const Management Contract $ 170,000 S 50,241 $ 98.000 $ 150,000 $ 468,241 Amendmentl (Gannett Fleming) $ 64,86S $ 50,000 $ 1,237 $ 116, 106 Staff Time' $ 135,00(] $ 100,000 $ 70,135 S 5,931 $ 100,000 S 6,399 S 4l7,465 Constniiction Support (Elite Engineers) S 15,305 $ 15,305 Totiil S 2,250,GOD $ 1,485,81(1 $ 1,779,200 $ 1,170,000 $ 1,295,398 $ 500,[100 $ 300,000 $ 124,620 $ 1,014,435 $ 80,140 $ 780,000 $ 10,779,603 Remaining Balance $ s s $ $ s $ -$ -$ -S s $
Total Pro,ject Cost: $10,779,603
ATT ACHMENT E - BUDGET S7Y
Last Uiidated: 2/4/2025
148
Attachment F

ATTACHMENT F

LOCATION MAP

THE LONG BEACH BOULEV ARD STREET IMPROVEMENTS PROJECT CITY PROJECT N0. 515-ST
xBrOadwasr hirv e
,ySant
,1 I'm
I jr u %
a An' J<
" ' -,'
%@
$
-J
.}1
SouthernSt X'iallffll . <.i
-,.I '
'i
Tweed Ave
X
Project
Construction
Impacted Area
17 149
Item No. 7
Office of the
South Gate City Clerk
FED NO 203
FffiLED g-?)o'!' City of South Gate

CITY COUNCIL
A(.-?!ThA IIB3Il,JL,
For the Regular Meeting of: January 28, 2025
aginating Department: Office of the City Clerk
Yodit Glaze
City Matxager:

Rob Houstori
SUBJECT: APP VAL OF CITY COUNCIL MEETING MINUTES
PURPOSE: To historically preserve the events of the City Council Meetings.

RECOMMENDED ACTION: The City Council will consider:
a. Approving tlie Special and Regular Meeting minutes of January 14, 2025; and b. Approving the Special and Regular Meeting minutes of January 28, 2025.

FISCAL IMPACT : None.

ANALYSIS: The minutes are provided to the City Council on the Wednesday prior to their regular business meeting. Amendments should be provided to the City Clerk's Office witliin 24 liours of a City Council Meeting so that verification of the record and corrections are made accordingly. A revised document will be provided to the City Council prior to the Meeting.

BACKGROUND: The minutes typically describe the events of the meeting and may include a list of attendees, a statement of the issues considered by the participants, and related responses or decisions for the issues.

ATTACHMENTS: City Council Minutes
150

CITY OF SOUTH GATE

SPECIAL CITY COUNCIL MEETING

MINUTES
TUESDAY, JANUARY 14, 2025
CALL TO ORDER Maria Davila, Mayor called a Special City Council Meeting to order at 5:30 p.m.

ROLL CALL Yodit Glaze, City Clerk
PRESENT Mayor Maria Davila, Vice Mayor Joshua Barron, Council Member Maria del PilarAvalos, Council Member Gil Hurtado and Council MemberAl Rios; City Manager Rob Houston, City Attorney Raul F. Salinas EXCUSED/ABSENT City Treasurer Jose De La Paz
CLOSED SESSION The Council Members recessed into Closed Session at 5:30 p.m. and reconvened at 6:3 7 p.m. with all Members of Council present. City Attorney Salinas reported the following:

1. CONFERENCE WITH LEGAL COUNSEL - PENDING

LITIGATION
Pursuant to Govertunent Code Section 54956.9(a),
54954.9(b)(3)(C)
a. Eddie Mendoza and Bryan Padilla v. City of South Gate, et al. b. Teresa Reyes Ramirez v. City of South Gate
c. Hector Ernesto Ramos v. City of South Gate
Item 1(a) is a collision with sewer meter that popped up and allegedly damaged a car and caused injuiies. The suit was discussed in closed session and following the presentation by the City Attorney's Office and on a motion made by Council Member Huitado and seconded by Vice Mayor Barron and on a vote of 5-0, the City Council authorized the City Attorney to defend that matter.

Items 1(b) and 1(c) are related. These are claims (not yet lawsuits) filed against the City of South Gate involving a rear-end collision with a city driven vehicle. After a presentation by the City Attorney and staff and on a motion made by Council Member Avalos and seconded by Mayor Davila and on a vote of 5-0, the City Council authorized the rejection of both of those claims.
151
SPECIAL CITY COUNCIL MEETING MINUTES OF JANUARY 14, 2025

2. CONSIDER THE EVALUATION OF PERFORMANCE OF A

PUBLIC EMPLOYEE
Pursuant to Governinent Code Section 54957 and 54957.6 a. City Manager
011 item 2(a), tl'iere was a brief presentation by the City Manager and upon completion of tliat presentation, there was no reportable action taken.

ADJOURNMENT Council Member Huitado unanimously adjowned the meeting at 6:39 p.m. and seconded by Vice Mayor Barron.

PASSED and APPROVED on this 25f" day of February 2025.

ATTEST:

Maria Davila, Mayor Yodit Glaze, City Clerk
152

CITY OF SOUTH GATE

REGULAR CITY COUNCIL MEETING

MINUTES
TUESDAY, JANUARY 14, 2025
CALL TO ORDER Maria Davila, Mayor called a Regular City Council Meeting to order at 6:39 p.m.

INVOCATION Pastor Bobby Scott, Coininunity of Faith Bible Cliurch PLEDGE OFALLEGIANCE Sophie Ryan
ROLL CALL Yodit Glaze, City Clerk
PRESENT Mayor Maria Davila, Vice Mayor Joshua Barron, Council Member Maria del Pilar Avalos, Council Member Gil Hurtado and Council Member Al Rios; City Manager Rob Horiston, City Attorney Raul F. Salinas EXCUSED/ABSENT City Treasurer Jose De La Paz

COMMENTS FROM THE

AUDIENCE (NON-AGENDA
ITEMS) Ofelia Ryan, Resident - Requesting support for Senate Bill 48 by Lena Gonzalez and assistance with the creation of an imi'nigrant student support unit within LAUSD.

Homer Lopez, Resident - Addressing issue with parking lot on Southern Ave and Calden Ave being used as a trash dump and vehicles driving circles in the same parking lot. Can it be locked and/or have surveillance.

Francisco Gallegos, Resident on Otis - Issues with residents having car parts/cars stolen and the neighborhood being taken over with no parking enforcement. People double parking, blocking fire hydrants, and selling veliicles in home parking driveways.

EMAIL: Mario Dominguez, Resident - Expresses concern about the recent fires and would like to know if the city is prepared. Also, requesting a citywide campaign encouraging residents to trim overgrown trees to avoid fire hazards.

REPORTS AND COMMENTS
FROM CITY OFFICIALS Arturo Cervantes, Director of Public Works - Presented a CIP Update.

Urban Orchard to be completed June 5, 2025. Hollydale Community Park finalizing project.
153
REGULAR CITY COUNCIL MEETING MINUTES OF JANUARY 14, 2025

REPORTS AND COMMENTS

FROM CITY OFFICIALS
CONT'D Council Member Huitado - Requested and explanation for the available funding for tl'ie city.

Aaturo Cervantes, Director of Public Works - Residential Street funding is very limited. Resources are limited.

Council Member Avalos - Agrees witli Mr. Lopez regarding pothole iSSues in our city streets.

Aituro Cervantes, Director of Public Works - Will investigate the issues in this area and will address.

Steve Costley, Director of Parks & Recreation - Father/Daughter event is sold out. Open House in the Sport Center was a successful event.

Wendy O'Kelly, Director ofAdministrative Services - Dept. of Administrative Services is currently working on the mid-year budget.

Nellie Cobos, Deputy Director of Human Resources - Announcement of open positions available within the City of South Gate.

DarrenArakawa, Police Chief - Currently working on year-end stats for 2024. Code Enforcement has issued tliousands of citations and there is no lack of effort. The report of the'fts of catalytic converters is not only a problem witliin South Gate. This issue is county wide, and we continue to ask residents to secure their vehicles.

Thank you to our officers for your contribution to the current fires in Los Angeles. We will continue to monitor the situation.

Rob Houston, City Manager - Has nothing to report.

Raul F. Salinas, City Attonney - Has nothing to report.

Yodit Glaze, City Clerk - Has nothing to repoit however expressed her thoughts and prayers to those suffering from these fires.

Council Member Avalos - Attended Vector Control meeting regarding 12 cases of Dengue and expresses for residents to dump out standing water.

Also, expresses sympatliy to those that have lost their homes or family.

Reach out to a counselor if needed.

Council Member, Rios - Responds to Mr. Lopez regarding parking lot by the college. In the past chains and locks were placed to secure parking but have been removed. A gate has been purchased and will soon be installed.

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REGULAR CITY COUNCIL MEETING MINUTES OF JANUARY 14, 2025 RF.PORTS AND COMMENTS

FROM CITY OFFICIALS
CONT'D Council Member, Hurtado - Expresses concern about scaininers and looting duiing this difficult time. Support for Wildfire Recovery Organizations liave been posted on tlie city's website if you would like to donate.

Responds to Mrs. Ofelia Ryan regarding Senate Bill 48. We liave been contacted regarding this bill. Tliis situation has our coini'nunity in fear, and we are liopeful of l'iaving resources available for our students/family.

Vice Mayor, Barron - Infon'ns comi'nunity to use tlie City of South Gate App to report any issue within tlie city. Calden Ave is a difficult area that gets hit witli illegal dumping, etc.

Residents are not infori'ned regarding Bulky Items resources available through UWS. Renters can now call in to receive these services as well.

UWS is offering scholarships for our Soutli Gate students. For more details, please go to UWS website. Deadline is Januaiy 31, 2025.

Attended the South Gate Kiwanis - Day of Service at the Salvation Ariny from 9am-lpm. Approximately 900 boxes were filled and delivered to some of tlie victims of the Los Angeles Fires.

Mayor, Davila - Very impoitant to infori'n our South Gate students of the $2000 scholarships being offered by UWS. For more details, please go to UWS website. Deadline is January 31, 2025.

CONSENTCALENDAR Agenda Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 were approved by motion of Council Member Rios and seconded by Council Member Hurtado.

ROLL CALL: Council Member Avalos, yes (recused from item 7); Council Member Hurtado, yes; Council Member Rios, yes; Vice Mayor Barron, yes (recused from item 7); Mayor Davila, yes. l
PERSONNEL RF.CRUITMENT
& SELECTION The City Council unanimously adopted Resolution No. 2025-01-CC entitled Resolution to approve tlie update to the compensation for the position of Director of Coinmunity Development in tlie Coini'nunity Development Department, and to add tlie hourly equivalent position of Director of Corni'nunity Development to the Consolidated Salary Schedule during consent calendar.