F AGENDA BRADBURY Regular Meeting of the Bradbury City Council To be held on Tuesday, May 17, 2022 Closed Session Immediately Following at the Bradbury Civic Center 600 Winston Avenue, Bradbury, CA 91008 Pursuant to California Government Code section 54953(e)(1), the City is allowing Council Members, Staff and the public to participate in this City Council meeting by means of a Zoom video or telephone call. You will be able to hear the entire proceedings (other than the Closed Session) and to speak during Public Comment, Public Hearing, and other authorized times. Members of the public must maintain silence and mute their micropnones and telephones except during those times. The Zoom information is ntps/S2webzcomus/8399375604. One tap mobile +16699009128, 83993753634#, or dial (669).900- 9128 and enter code 839 93753634#. OPEN SESSION 7:00 PM Each item on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as "For Information" or "For Discussion" may also be subject of an "action" taken by the Board or a Committee at the same meeting. CALL TO ORDERIPLEDGE OF ALLEGIANCE ROLL CALL: Mayor Bruny, Mayor Pro-Tem Lathrop, Councimembers Barakat, Hale and Lewis APPROVAL OF THE AGENDA: Majority vote of City Council to proceed with City Business DISCLOSURE OF ITEMS REQUIRED BY GOVERNMENT CODE SECTION 1090 & 81000 ET.SEQ. PUBLIC COMMENT minutes. Anyone wishing to address the City Council on any matter thati is not on the agenda for a public hearing may do sO at this time. Please state your name and address clearly for the record and limit your remarks to five Please note that while the City Council values your comments, the City Council cannot respond nor take action Routine requests for action should be referred to City staff during normal business hours, 8:30 am 5:00 pm, The City of Bradbury will gladly accommodate disabled persons wishing to communicate ata a City public meeting. Ify your require special assistance to participate int this meeting, please call the City Manager's Office at (626) 358- until such time as the matter may appear on a forthcoming agenda. Monday through Friday, at (626) 358-3218. 3218 at least 48 hours prior to the scheduled meeting. Page 1 CC Agenda 051722 ACTIONITEMS 1. CONSENT CALENDAR All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless a Council Member request otherwise, in which case the item will be removed and considered by separate action. All Resolutions and Ordinances for Second Reading on the Consent Calendar, the motion will be deemed to be "to waive the reading and adopt." A. Minutes: Regular Meeting of April 19, 2022 B. Minutes: Special Meeting of May 3, 2022 . Resolution No. 22-11: Demands & Warrants for May 2022 D. Monthly Investment Report for the month of April 2022 Proposed Forecast of Fiscal Year 2022-2033 E. Approval ofal First Amendment to Professional Services Agreement for Housing Element Update This item discusses the proposed upcoming budget and reviews the City's resource priorities. After the discussion, Staff will bring back the budget, with any appropriate resolutions, to the June City Council Discussion on Receiving Paper Copies for City Council Vs. Digital Copies This item prompts a discussion on the preferred distribution method of City Council and Planning Itis recommended that the City Council approve an Extension of the City Manager Employment 2. meeting for adoption. 3. 4. 5. 6. 7. Commission agenda packets. Extension of City Manager Employment Agreement Agreement for the next five (5) years. Matters from the City Manager Matters from the City Attorney Matters from the City Council Mayor Bruny Duarte Community Education Council (CEC) Mayor Pro-Tem Lathrop League of California Cities Duarte Education Foundation Councilmember Barakat LA County Sanitation Districts Foothill Transit Councilmember Hale Councimember Lewis California JPIA Director of Bradbury Disaster Committee Area "D" Office of Disaster Management ITEMS FOR FUTURE AGENDAS San Gabriel Valley Council of Governments (SGVCOG) San Gabriel Valley Mosquito & Vector Control District 8. Page 2 CC Agenda 051722 CLOSED SESSION CALLTOORDERIROLLCALL PUBLIC COMMENT - REGARDING CLOSED SESSIONS ONLY RECESS TO CLOSED SESSIONS REGARDING: CONFERENCE WITH LEGAL COUNSEL A. Existing Litigation: Case Name: Case No.: ADJOURNMENT Government Code Section 54956.9(d)(1) Los Angeles Superior Court #22STCP01381 CALIFORNIANS FOR HOMEOWNERSHIP, INC. V. .CITY OF BRADBURY The City Council will adjourn to a Regular Meeting at the Bradbury Civic Center, 600 Winston Ave., Bradbury, *ACTION ITEMS Regardless of a staff recommendation on any agenda item, the City Council will consider such matters, including action to approve, conditionally approve, reject or continue such item. Further ", Claudia Saldana, City Clerk, hereby certify that I caused this agenda to be posted at the Bradbury City Hall CA 91008 on Tuesday, June 21, 2022 at 7:00 p.m. information on each item may be procured from City Hall. entrance gate on Friday, May 13, 2022a at 5:00p.m." Clauls Sllana CITY CLERK - CITY OF BRADBURY Page 3 CC Agenda 051722 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, APRIL 19, 2022 EXECUTIVE ORDER NO. 25-20: Pursuant to Govemor Newsom's Executive Order N-25-20, the City is allowing. Council. Members, Staff and. the. public to. participate. in. this City Council meeting by means of a Zoom video or telephone call. Participants will be able to hear the entire proceedings (other than the Closed Session) and be able to speak during Public Comment, Public Hearing, and other authorized times. Members of the public must maintain silence and mute their microphones and telephones except The Regular Meeting of the City Council of the City of Bradbury was called to order by Mayor Bruny at 7:00 p.m. followed by the Pledge of Allegiance. PRESENT: Mayor Bruny, Mayor Pro-Tem Lathrop, Councimembers Barakat and Hale ABSENT: Councimember Lewis during those times. MEETING CALLED TO ORDER: ROLLCALL: STAFF: City Manager Kearney (remote), City Attorney Reisman, Assistant City Attorney Kranitz (remote) City Planner Kasama, City Clerk Saldana and Management Analyst Musa Councilmember Barakat made a motion to excuse Council- member Lewis from the meeting. Mayor Pro-Tem Lathrop seconded the motion which carried unanimously. Councilmember Barakat made a motion to approve the agenda top proceed with City business. Councilmember Hale seconded the motion, which carried unanimously. Inc compliance with the California Political Reform Act, each City Councilmember has the responsibility to disclose direct or indirect potential for a personal financial impact as a result of participation in the decision-making process concerning City Attorney Reisman stated that he was not aware of any COUNCILMEMBER LEWIS EXCUSED: APPROVAL OF AGENDA: DISCLOSURE OF ITEMS REQUIRED BY GOV.CODE SECTION 1090 & 81000 ETS SEQ,: agenda items. conflicts of interest. None PUBLIC COMMENT: CONSENT CALENDAR: All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless ac Councilmember requests otherwise, in which case the item will be removed and considered by separate action. All Resolutions and Ordinances for Second Reading on the Consent Calendar are deemed to "waive further reading and adopt." A. Minutes: Special Meeting ofl March7, 2022 B. Minutes: Regular Meeting of March 15, 2022 C. Minutes: Adjourned Meeting of March 22, 2022 Minutes CC Meeting April 19, 2022 Page 1of7 D. Resolution No. 22-10: Demands & Warrants for April 2022 Monthly Investment Report for ther month ofN March 2022 .A MPMMCHiaEyAtARA G. Approval of Deed Restriction- State Parks General Per Capita Program; Lemon. Avenue Trail Project Councilmember Hale made a motion to approve Consent Calendar as presented. Mayor Pro-Tem Lathrop seconded. the motion, which was carried by the following roll call vote: AYES: Mayor Bruny, Mayor Pro-Tem Lathrop, Councilmembers Barakat and Hale NOES: None ABSENT: Councilmember Lewis Motion passed 4:0 MOTION TO APPROVE CONSENT CALENDAR: APPROVED: REVIEW OF A DRAFT ORDINANCE IMPLEMENTING SENATE BILL 9 INTO THE CITY'S DEVELOPMENT CODE: City Manager Kearney stated that the City Council held meetings on February 7, 2022 and March 7, 2022 to review the impacts of SB 9 and to discuss its implementation into the City's Development Code. At the March meeting, Staff received sufficient direction from the City Council to move forward with The draft ordinance is based on the City Council's direction from the March 7th meeting. In addition to implementing SB 9, itr makes other related changes to the City's Development Code relating to Secondary Living Quarters. Chapter 86 of the Development Code will be repealed in its entirety. Chapter 86 regulates Accessory Living Quarters and should have been repealed when Article IV relating to Accessory Living Quarters Itis recommended that the City Council review the draft ordinance, provide any feedback, and send the draft ordinance tothe Planning Commission for it to undergo its formal review Mayor Pro-Tem Lathrop suggested some changes on pages 11 and 21 of the draft ordinance. Assistant City Attorney Kranitz stated that she will incorporate the discussed changes into the draft ordinance before it gets send to the Planning Commission City Manager Kearney and Assistant City Attorney Kranitz stated that they will not be in town on May 25th. The City Council unanimously approved to send the draft ordinance to the Planning Commission for it to undergo its producing a draft ordinance. was added to Chapter 85 in 2021. RECOMMENDATION: process. DISCUSSION: for their May 25 Meeting. ACTION TAKEN: formal review process. Minutes CC Meeting April 19,2022 Page2of7 ADOPTION OF A. JOINT EXERCISE OF POWERS AGREEMENT AMONG THE CHESOFARCADIA,BRADBURY, DUARTE, MONROVIA AND SIERRA MADRE FOR THE PURPOSE OF CREATING THE RIO HONDOISAN GABRIEL RIVER WATERSHED MANAGEMENT. JOINT POWERS AUTHORITY: FORMATION OF AJPA: City Manager Kearney stated that for years, the Cities of Arcadia, Bradbury, Duarte, Monrovia and Sierra Madre have been-diseussingthe-fommationorajoint-powers-authorily-JPA, ton meet stormwater requirements. These discussions never materialized until a regional project was recently funded through the Safe Clean Water (LA County's Measure W) program. The funding of the regional project brought to the forefront a number of complexities associated with the current structure of how the Cities operate together to meet the The formation of a JPA would be a solution to these complexities and act as a mechanism to provide liability protections to the Cities, provide the ability to bond on behalf of the Cities and be the key holder of any potential land Cody Howing, RKA Consulting Group, joined online to present the financial obligations outlined in the Cost Allocation Formula, A. 10% Base Cost = [(Total Project costs - funds contributed from B. 90% Land Areas = [(Total Project costs funds contributed from external sources XS 909JXPercentage oft total developed land area Councimember Barakat stated that he does not feel that the formula is fair to Bradbury. Arcadia is not benevolent. City Manager Kearney replied that there have been calls to alter the formula throughout the years, all of which would be of detriment to Bradbury, sO the solidification of the formula is Iti is recommended that the City Council adopt the Joint Powers Councilmember Hale made a motion to adopt the JOINT POWERS AGREEEMENT AMONG THE CITIES OF ARCADIA, BRADBURY, DUARTE, MONROVIA AND SIERRA MADRE, FOR THE PURPOSE OF CREATING THE RIO HONDO/SAN GABRIEL RIVER WATERSHED MANAGEMENT JOINT POWERS AUTHORITY. Councimember Barakat seconded the motion, which was carried by the requirements. acquisition that may arise in the future. FINANCIAL OBLIGATIONS: which reads: external sources) X1 10%]# ofr members (noti including Angeles National Forest) beneficial to the City of Bradbury. RECOMMENDATION: MOTION TO ADOPT THE. JPA: Agreement. following roll call vote: AYES: Mayor Bruny, Mayor Pro-Tem Lathrop, Councimembers Barakat and Hale NOES: None ABSENT: Councilmember Lewis Motion passed 4:0 APPROVED: Minutes CC Meeting April 19,2022 Page 30f7 DISCUSSION OF USE OF CAL RECYCLE FUNDS: Management Analyst Musa stated that the City applied for the CalRecycle Beverage Container Recycling City/County Payment Pogamanvar-gpoRADIRAMeSSAA-nVe past, there have been challenges expending these monies, as these funds are restricted and may. only be utilized to support activities related to container recycling and litter abatement. In previous years, the City expended CalRecycle funds through as grant program and partnered with surrounding cities. In 2021, water refill stations were added as an eligible activity and would allow the City to use funds to install water refill stations. As such, the City paid for water stations to bei installed in Monrovia Canyon Park, an area greatly affected by the Bobcat Fire. The City Council may elect to move forward with a grant program once again or choose to install a water refill station in Itis recommended that the City Council provide direction on how to move forward with the CalRecycle Funds. Should the City Council desire to implement a grant program, staff will release a Request for Grant Proposals and return with the responses. Should the City Council elect to install a water refill station in the City, Staff recommends that the City Council Councilmember Barakat suggested to partner with the City of Duarte to install a water refill stations at the east end of the Royal Oaks Trail or at the entrance at Buena Vista. City Manager Kearney that that Staff will contact the City of Duarte and return to the City Council with a presentation of the actual costs of installation based on the pre-identified feasible City Manager Kearney stated that at the March meeting, the City Council directed Staff to bring an item to the. April meeting to discuss publishing the City's crime logs. This discussion will cover the City's current crime logs, introduce other cities' crime logs, and review the benefits, pitfalls, and things to consider if making the City's crime logs publicly available. The Los Angeles Sheriffs Department is the law enforcement agency that services the City of Bradbury. Each week, the Sheriffs Department provides a "Calls for Service" log from the prior week. The log outlines general information on a call, such as the date, time, deputy dispatched time and arrival time. It also details the type of call, address, a narrative that the dispatcher details to the responding deputy, and the resolution Staff receives these call logs on a weekly basis and analyses them for any significant trends that might need to be addressed. For example, if Staff sees that there have been repeated calls and responses to a property for loud music at night, Staff might be able to send a warning letter to the the City of Bradbury. RECOMMENDATION: choose a desired location. DISCUSSION: ACTION TAKEN: areas. DISCUSSION ON PUBLISHING CITY CRIME LOGS: BACKGROUND: of the call. Minutes CC Meeting April 19, 2022 Page4of7 property owner. If Staff finds out that a burglary recently occurred at a property, Staff can further inquire about the ineidentand-coordinate-widetectlves-and-residents-to-try-and The following is a list of items to consider if the City Council bring a solution to the situation. decides to make crime logs public: THINGS TO CONSIDER: What to distribute? Duarte and Monrovia both make Part I crimes publicly available, with some exceptions. These exceptions include excluding sex crimes, crimes against children, and domestic violence. How often to distribute crime logs? Both Duarte and Monrovia do website postings and blasts to their community on a weekly basis. How to distribute crime logs? Distribution could be done by posting on the City website or by individual blasts through the City's Connect-CTY program. They could also be included in the City's electronic news- letter. The City does not have social media platforms like Duarte/Monrovial but could be started if desired. Itisr recommended that the City Council direct Staff on how to proceed with publishing the City's crime logs. Should crime logs be published, it is recommended that the City Council provide direction on what to distribute, and how to distribute it. Councimember Hale stated that he was very opposed to Mayor Bruny stated that if the City were to publish crime stats, itshould be tied in with pro-active solutions to the problem. Mayor Pro-Tem Lathrop suggested to refer the discussion to the Public Safety Committee and also stated that only crime stats of the public areas of Bradbury should be published. The City Council referred this item to the Public Safety Commission for consideration and took no further action at this City Manager Kearney that during the January meeting, the City Council discussed resuming City events, such as Bradbury Night Out and the Volunteer Appreciation event. The decision was taibed for a few months as the COVID restrictions at the time made it difficult to determine the future of such events. Iti is recommended that the City Council direct Staff on how to proceed with scheduling future City events. Following discussion, Bradbury Night Out 2022 was scheduled to be held on Thursday, July28, 2022. RECOMMENDATION: DISCUSSION: publishing crime stats. ACTION TAKEN: time. DISCUSSION ON RESUMING CITY EVENTS: RECOMMENDATION: BRADBURY NIGHT OUT TO BE HELD ONJULY28, 2022. Minutes CC Meeting April 19, 2022 Page 50 of7 DISCUSSION ON HONORING CITY VOLUNTEERS DURING CERTANMEESTONES: City Manager Kearney stated that at the request of Council- member Barakat, the City Council will discuss honoring City volunteers dimgememmisbnediseeees-s.0.2. 25, etc. years of service). Gestures of gratitude could range from providing volunteers with a City plaque, purchasing a gift card, etc. Utilizing public funds to purchase volunteer gifts is acceptable provided the value is under $500. Itis recommended that the City Council direct Staff on how to proceed with scheduling future City events. Councimember Barakat stated that City Treasurer Laurie Stiver has 25! years of service with the City. Mayor Pro-Tem Lathrop was in favor of honoring City volunteers during certain milestones with a plaque and/or gift Management Analyst Musa stated that as a result of the Los Angeles Civil Grand Jury findings for the City of Bradbury, the City donated $3,000 in Fiscal Year 2016/2017 to support organizations that provide housing and shelter to those in need. Although this was a mandatory one-time donation, the City Council decided to budget and allocate $3,000 to donate to Union Station Homeless Services, Foothill Unity Center and This fiscal year, the City Council budget $4,000 to donate to Itis recommended that the City Council direct Staff on how to expend the budgeted $4,000, which has been set aside for a Mayor Pro-Tem Lathrop stated that he would like to donate the same as last year: $1,000 to Union Station Homeless Services, $1,000 to Foothill Unity Center and $1,000 to Friends in Deed. The remaining $1,000 should be kept for future donation to Rebuilding Together San Gabriel Valley Foothills (RTSGVF), The City Council directed Staff to send checks in the amount of $,1000 each to Union Station Homeless Services, Foothill Unity RECOMMENDATION: DISCUSSION: card. DISCUSSION ON COMMUNITY SUPPORT FUNDS: Friends in Deed every year since. support community homelessness, RECOMMENDATION: DISCUSSION: charitable donation. when work needs to be done. Center and Friend in Deeds. DIRECTION TO STAFF: MATTERS FROM THE CITY MANAGER: MATTERS FROM THE CITY COUNCIL: MAYOR BRUNY: MAYOR PRO-TEM LATHROP: COUNCILMEMBER BARAKAT: City Manager Kearney had nothing to report. MATTERS FROM' THE CITYATTORNEY: City Attorney Reisman stated that he has a report for the Closed Session. Nothing to report Nothing to report Nothing to report Minutes CC Meeting April 19, 2022 Page 6of7 COUNCILMEMBER HALE: COUNCILMEMBER LEWIS: ITEMS FOR FUTURE AGENDAS: PUBLIC COMMENT REGARDING CLOSED SESSION ONLY: RECESS TO CLOSED SESSION: Nothing to report Not present None CLOSED SESSION None The City Council adjourned to a Closed Session to discuss the following: A. Conference with Labor Negotiator Agency Negotiator: Kevin Kearney, City Manager Unrepresented Employees: City Clerk & Management Analyst Authority: Government Code Section 54957.6 B. Conference with Labor Negotiator Agency Negotiator: Cary S. Reisman, City Attorney Unrepresented Employee: City Manager Authority: Government Code Section 54957.6 City Attorney Reisman reported that City Council met in Closed Session and discussed negotiations for all three positions. No At 8:40 p.m. Mayor Bruny adjourned the meeting to an Adjourned Meeting on Tuesday, May 21, 2022 at 7:00 p.m. REPORT FROM CLOSED SESSION: formal or informal votes were taken. ADJOURNMENT: MAYOR- CITY OF BRADBURY ATTEST: CITY CLERK: = CITY OF BRADBURY Minutes CC Meeting April 19, 2022 Page7of7 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, ,MAY3, 2022 AT 4:00 PM (VIA ZOOM) EXECUTIVE ORDER. NO. 25-20: Pursuant to Govemor Newsom's Executive Order, N-25-20, the City is allowing Council Members, Staff and the public to participate in this City Council meeting by means of a Zoom video or telephone call. Participants will be able to heart the entire proceedings (other than the Closed Session) and be able to speak during Public Comment, Public Hearing, and other authorized times. Members of the public must maintain silence and mute their microphones and telephones except The Special Meeting of the City Council of the City of Bradbury was called to order by Mayor Bruny at 4:00 p.m. PRESENT: Mayor Bruny (remote), Mayor Pro-Tem Lathrop, Councilmembers Barakat, Hale and Lewis during those times. MEETING CALLED TO ORDER: ROLL CALL: ABSENT: None STAFF: City Manager Kearney, City Attorney Reisman, Assistant City Attorney Kranitz No public present following: PUBLIC COMMENT: CLOSED SESSION: The City Council met in Closed Session to discuss the A. CONFERENCE WITHI LABOR NEGOTIATOR Agency Negotiator: Kevin Kearney, City Manager and Cary S. Reisman, City Attorney Unrepresented Employees: City Clerk & Management. Analyst Authority: Government Code Section 54957.6 B. CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Cary S. Reisman, City Attorney Unrepresented Employee: City Manager Authority: Government Code Section 54957.6 C.CONFERENCE WITH LEGAL COUSEL Existing Litigation: Government Code Section 54956.9(d)(1) Case Name: CALIFORNIANS FOR HOMEOWNERSHIP, INC. Case No.: Los Angeles Superior Court #22STCP01381 The Council met in closed session regarding negotiations. Without a formal vote, the Council instructed the City Attorney as to how to proceed regarding negotiations with the City Manager. Discussion regarding the City Clerk and the Management Analyst positions was informative only. No instructions were provided to the City Attorney at this time. V.CITY OF BRADBURY REPORT FROM CLOSED SESSION: Minutes CC Meeting May 3,2022 Page 1of2 The Council met in closed session regarding the litigation. Ona a vote of 5 to 0, the Council instructed its attorneys as to how to At 4:45 p.m. Mayor Bruny adjourned the meeting to a Reguiar Meeting on Tuesday, May 17, 2022 at 7:00 p.m. proceed. ADJOURNMENT: MAYOR - CITY OF BRADBURY ATTEST: CITY CLERK - CITY OF BRADBURY Minutes CC Meeting May 3, 2022 Page 20 of2 RESOLUTION NO. 22-11 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, APPROVING DEMANDS AND WARRANTS NO.16909 THROUGH NO.1 16921 AND DEMANDS AND' WARRANTS NO. 16922 THROUGH NO. 16940 (PRE-RELEASED CHECKS) (REGULAR CHECKS) The City Council of the City of Bradbury does hereby resolve as follows: Section 1. That the demands as set forth hereinafter are approved and warrants authorized to be drawn for payment from said demands in the amount of $5,348.90 (pre-released Checks) and $136,162.06 at May 17, 2022 from the General Checking Account PRE-RELEASED CHECKS (due before City Council Meeting): Check 16906 16907 16908 16909 16910 16911 Name and (Due Date) U.S. Bank (3/31/22) ICMA (4/26/22) Foothill Unity Center (4/19/22) Friends in Deed (4/19/22) Union Station Homeless Services (4/19/22) (5/2/22) Description Amount $29.75 $1,013.76 $1,000.00 $1,000.00 $1,000.00 Custody Charges for March 2022 Safekeeping Fees Acct. 101-14-7010 ICMAI Membership Renewal FY22/23 for City Manager Acct. 101-30-6030 Community Support FY21/22 Acct. 101-11-6500 Community Support FY21/22 Acct. 101-11-6500 Community Support FY21/22 Acct.. 101-11-6500 California American Water Service Address: 301 Mt Olive Drive Irrigation 2410 Mt Olive Lane Irrigation 2256 Gardi Street Acct.. 200-48-6400 Daily Citation Processing Daily Notices Acct.. 101-23-6210 $191.57 $80.91 $41.72 $0.65 $2.58 $314.20 16912 Data Ticket (4/29/22) $3.23 Reso. No. 22-11 Pagelof7 May17,2022 Check 16913 Name and (Due Date) Delta Dental (5/1/22) Description Dental Insurance: City Manager (family) Acct.. 101-12-5100 City Clerk Acct. 101-13-5100 Management Analyst Acct. 101-16-5100 Vision Insurance: City Manager (family) Acct. 101-12-5100 City Clerk Acct. 101-13-5100 Management Analyst Acct. 101-13-5100 Basic Life and AD&D: City Manager Acct.. 101-12-5100 City Clerk Acct. 101-13-5100 Management Analyst Acct. 101-13-5100 Spectrum Enterprise Internet Acct.. 101-16-6230 Acct. 101-16-6400 City Hall Utilities Acct. 101-16-6400 Office Supplies Acct. 101-62-6200 Fire Alarm Line Acct. 101-23-7420 Mobile Business Internet (Hot Spot) Acct. 113-20-8120 Amount $131.43 $42.88 $42.88 $217.19 16914 Vision! Service Plan (5/1/22) $61.07 $23.66 $23.66 $9.25 $9.25 $9.25 $108.39 16915 The Standard (5/1/22) $27.75 $169.98 $204.45 $17.05 $101.13 $110.02 $32.00 16916 16917 16918 16919 16920 16921 Charter Communications (5/10/22) (5/15/22) The Gas Company (5/17/22) Staples (5/15/22) Frontier (5/16/22) T-Mobile (5/18/22) Southern California Edison City Hall Utilities Total Pre-Released Checks $5,348.90 Reso. No. 22-11 Page 2of7 May 17,2022 REGULAR CHECKS: Check 16922 Nameand (Invoice Date) City of Arcadia (2/22/22). Description Amount $42,229.70 Riol Hondo/San Gabriel Valley River Water Quality Group Continuation of Coordinated Integrated Monitoring Program Acct.. 213-42-7630 (Measure W) Community Wildfire Protection Plan Acct. 219-21-7761 CityAttorney: April Retainer Acct. 101-15-7020 243 Barranca Ave Receivership Acct.. 101-15-7070 CA for Homeownership Hours Acct. 101-15-7070 Chadwick Ranch Acct. 103-00-2039 Zoning/General Plan Acct. 101-15-7075 Code Enforcement Acct.. 101-23-7450 Monthly Cell Phone. Allowance Acct.. 101-12-6440 Chadwick Ranch: Professional Services through period ending April 3, 2022 Acct.. 103-00-2039 11-Apr-2022 Cleaning 18-Apr-2022 Cleaning 25-Apr-2022 Cleaning 02-May 2022 Cleaning 09-May-2022 Cleaning Acct. 101-16-6460 Transportation Services for April 2022 Acct.. 204-40-7325 (Prop C) Community: Services Officer Program Period:. July 1, 2021 to. June 30,2022 Acct.. 215-23-7411 Acct. 101-25-7000 16923 16924 DUDEK (4/11/22) Jones & Mayer (4/30/22) $260.00 $2,650.00 $1,950.00 $1,725.00 $3,575.00 $4,750.00 $12.31 $14,662.31 $75.00 $4,257.52 16925 16926 16927 Kevin Kearney (May 2022) Michael Baker International (4/19/22) Molly Maid (5/11/22) $105.00 $105.00 $105.00 $105.00 $105.00 $525.00 $704.07 $52,000.00 16928 16929 16930 City of Monrovia (4/20/22) City of Monrovia (4/20/22) (4/30/22) Pasadena Humane Society Animal Control Services for April 2022 $954.17 Reso. No. 22-11 Page3of7 May17,2022 Check 16931 16932 16933 Name and (Invoice Date) Post Alarm Systems (5/5/22) Description Amount $128.46 $950.00 City! Hall Monitoring for. June: 2022 Fire & Intrusion Systems Acct.. 101-23-7420 next to drain channel along Royal Oaks Acct.. 101-21-7025 Bradbury Civic Center Acct.. 101-21-7020 Royal Oaks Drive North Acct.. 101-21-7015 Lemon Trail Acct.. 101-21-7045 Mt. Olive Drive Entryway & Trail Acct. 101-21-7035 Bradbury Civic Center Acct.. 101-21-7020 Royal Oaks Drive North Acct.. 101-21-7015 Lemon Trail Acct.. 101-21-7045 Mt. Olive Drive Entryway & Trail Acct.. 101-21-7035 Acct. 200-48-6410 Acct.. 101-23-7410 Salary: Management Analyst Acct.. 101-16-5010 Withholdings Acct.. 101-00-2011 PERS Employee Share Acct.. 101-16-5100 Computer Services Acct. 113-20-8120 Custody Charges for April 2022 Safekeeping Fees Acct. 101-14-7010 Priority Landscape Services Planted 36-gallon Oak Tree' "Mesa Oaks" Priority Landscape Services March 2021 Landscape Services: Invoice No. 11644 (2/15/22) Invoice No.: 11864 (3/1/22) $220.45 $434.59 $144.87 $585.77 $220.45 $434.59 $144.87 $585.77 $1,385.68 16934 Priority Landscape Services May 2021 Landscape Services: Invoice No. 11736 (5/1/22) $1,385.68 $955.60 $10,578.30 16935 16936 16937 Southern California Edison Street Lights (5/2/22) (4/12/22) Sophia Musa (May 2022) LA County Sheriff's Dept. March 2022 Law Enforcement Services $4,633.75 (859.91) (312.78) $3,461.06 $684.00 $29.75 16938 16939 TeamLogicIT (4/1/22) U.S. Bank (4/30/22) Reso. No. 22-11 Page 4of7 May 17, 2022 Check 16940 Name and (Invoice Date) U.S. Bank Corporate Payment Systems (4/22/22) Description Amount Kevin Kearney Visa Card: ZOOM (tech funds) Acct.. 113-20-8120 MMASC Luncheon Acct.. 101-12-6020 BeenVerified.com Acct.. 101-23-7450 Claudia Saldana Visa Card: USPS (postage & stamps) Acct.. 101-20-6120 Big Lots (bottled water) Acct.. 101-16.6450 Monrovia Reproduction (digital copy of City Hall plans) Acct.. 113-20-8120 Sophia Musa Visa Card: Dog Waste Depot Acct.. 102-42-7630 Amazon.com (tech expense) Acct. 113-20-8120 Smart & Final (City Hall supplies) Acct.. 101-16-6450 MMASC Luncheon Acct.. 101-62-6020 Broadvoice (City Hall phone) Acct.. 101-16.6440 $49.00 $30.00 $52.44 $131.44 $157.87 $5.19 $229.04 $392.10 $97.44 $61.91 $55.15 $30.00 $167.72 $412.22 16940 U.S. Bank Corporate Payment Systems (4/22/22) 16940 U.S. Bank Corporate Payment Systems (4/22/22) $935.76 $136,162.06 Total Regular Checks MAY: 2022 PAYROLL: ACH Kevin Kearney (May 2022) Salary: City Manager Acct. 101-12-5010 Withholdings Acct. 101-00-2011 Salary: City Clerk Acct. 101-13-5010 Withholdings Acct. 101-00-2011 $10,560.00 (2,279.65) $5,583.33 (1,442.40) $8,280.35 ACH Claudia Saldana (May 2022) $4,140.93 Total Payroll $12,421.28 Reso. No. 22-11 Page 5of7 May 17,2022 ELECTRONIC FUND TRANSFER (EFT) PAYMENTS FOR MAY2 2022: EFT Aetna- (May 2022) Healthinsuranceffor-May:2022: City Manager Acct. 101-12-5100 City Clerk Acct. 101-13-5100 Management Analyst Acct. 101-16-5100 State Tax Withholdings SDI Acct. 101-00-2011 Federal Tax Withholdings Medicare (Employee's portion of Social Security and Medicarei is matched by the City) Acct. 101-00-2011 City Manager Acct. 101-12-5100 City Clerk Acct. 101-13-5100 Management Analyst Acct. 101-16-5100 Unfunded. Accrued Liability UAL Payment (Classic) UAL Payment (PEPRA) Acct. 101-16-6240 $1,731.46 $929.38 $747.00 $791.38 $228.55 $1,972.58 $2,576.36 $602.54 $3,407.84 $1,019.93 EFT EFT EDD (May 2022) Dept. of Treasury (May 2022) Internal Revenue Service Social Security $5,151.48 EFT California PERS (May 2022) $1,643.31 $864.46 $664.48 $783.75 $16.08 $3,172.25 EFT California PERS (May: 2022) $799.83 MAYOR- - CITY OF BRADBURY ATTEST: CITY CLERK - CITY OF BRADBURY Reso. No. 22-11 Page 6of7 May 17,2022 "I, Claudia Saldana, City Clerk, hereby certify that the foregoing Resolution, being Resolution No. 22-11, was duly adopted by the City Council of the City of Bradbury, California, at a regular meeting held on the 17th day May, 2022bythefollowingroirativote: AYES: NOES: ABSENT: CITY CLERK-CITY OF BRADBURY Reso. No. 22-11 Page7of7 May 17,2022 DEPT. 11- 0005337241 POBOX 9001036 LOUISVILLE, KY 40290-1036 SLapies. BILL TO: CITY OFE BRADBURY SHIPT TO: CITY OF BRADBURY 6001 WINSTONS ST BRADBURY CA 91008 Acct: 60111 10005 5337: 241 CLAUDIA SALDANA Amount Due: Trans Date: DUE DATE: Invoice #: 3053492891 $8.18 $30.49 $38.67 $3.67 $42.34 Invoice #: 3057349651 $69.99 -$16.30 $53.69 $5.10 $58.79 $42.34 PO: 04/06/22 2.0000E EA 1.0000EA SUBTOTAL TAX TOTAL 05/15/22 Store: 100088887, WESTBORO,MA $4.09 $30.49 PRODUCT SCOTCHI HEAVYDUTY: SHIPPIN TRUF REDI FILE FOLDER 13 CU Purchased by: CLAUDIASALDANA Order #: 9841234384 SKU# 824235 221689 QUANTITY UNIT PRICE TOTAL PRIÇE BILLTO: CITY OF BRADBURY SHIPT TO: CITY OF BRADBURY 600 WINSTONST BRADBURY CA 91008 Acct: 6011 10005 53372 241 CLAUDIA SALDANA Amount Due: Trans Date: DUE DATE: $58.79 PO: 04/13/22 1.0000EA 1.0000ST SUBTOTAL TAX TOTAL 05/15/22 Store: 100088887, WESTBORO, MA $69.99 $16.30 PRODUCT STAPLES 30 RECYCLED COPY COUPONDISCOUNT Purchased by: CLAUDIASALDANA Order #: 9841461517 SKU# 492072 558100 QUANTITY UNITI PRICE TOTAL PRICE CR# 16919 pee StaplesCommercial. accountonline.com 1-800-669-5285 (TTY:711) Page7of8 uspank. P.O. BOX 6343 58125-6343 FARGO ND ACCOUNT NUMBER STATEMENT DATE AMOUNT DUE NEW BALANCE PAYMENT DUE ON RECEIPT 4246 0445 5575_622: 04-22-202: $1.263.41 $1.263.41 M-am-lw-rnIMPIMPT 000000405 01 SP 0.530 106481492531462P CITY OF. BRADBURY. ATTN CLAUDIA SALDANA 600 WINSTON AVE. BRADBURY CA 91008-1123 AMOUNT ENCLOSED $ 935.76 Please make check payable to"U.S. Bank" U.S. BANK CORPORATE PAYMENT SYS' P.0.. BOX. 790428 ST. LOUIS, MO 63179-0428 4245044555755224 000126340 000126340 Ck# 16940 DeR Please tear payment coupon at perforation. CITY OF BRADBURY 4246 04455 55756224 Balance Company Total KEVIN KEARNEY 4246-0446-0277-2711 Post Tran Reference Number Date Date CORPORATE ACCOUNT: SUMMARY Purchases Previous And Other $327.64 $935.76 Cash Cash Advance + Payment $0.00 $.00 $0.00 $0.00 NEW. ACTIVITY PURCHASES $131.44 Transaction Description Late New Balan $0.00 $1.26 Charges + Advances+ Fees Charges Credits Payments CREDITS $0.00 CASH ADV $0.00 TOTAL ACTIVITY $131.44 Amount 49.00 30.00 52.44 03-30 03-29 2.01349089003520928 ZOOM.US 888-799-9666 WWW.ZOOM.US CA 04-05 04-04 .907457094764049842 MUNICIPAL MANAGEMENT ASSO 877-3147080 CA 04-08 04-07 244946209714.4237854 BVDPBENVERIFEDCON 855-9046471 NY SOPHIA MUSA 4246-0446-53202000 Post Date Tran Date Reference Number CREDITS $0.00 PURCHASES $412.22 Transaction Description CASH ADV $0.00 TOTAL ACTIVITY $412.22 Amount 97.44 6.60 44.36 30.63 2.18 12.69 03-23 03-23 A6920909210C27100I00 DOG WASTE DEPOT.COM 856-495-5102 CA 03-24 03-22 249316420929700011308 SMART AND FINAL 746 DUARTE CA CA 03-24 03-22 24931820287000494 SMART AND FINAL 746 DUARTE 04-06 04-06 24692162096100316539 AMZN MKTP. US'1H3CE3VMO AMZN. COM/BILLWA 04-13 04-12 4692821027100/080183 AMAZON PRIME'1A3594US1 AMZN.COM/BILLV WA 04-13 04-13 246921821031008513153 AMZN MKTP US"1A1G67CB2 AMZN.COM/BILL WA ACCOUNT NUMBER ACCOUNT SUMMARY PREVIOUS BALANCE OTHER CHARGES CASH ADVANCE FEES LATE PAYMENT CHARGES CREDITS PAYMENTS ACCOUNT BALANCE CUSTOMER SERVICE CALL 800-344-5696 327 935 4246-0445-55/5-6224 PURCHASESE STATEMENT DATE DISPUTED AMOUNT CASH ADVANCES 04/22/22 .00 SEND BILLING INQUIRIES TO: U.S. Bank National Association C/OU.S. Bancorp Purchasing Card Program P.O. Box 6335 Fargo, ND 58125-6335 AMOUNT DUE 1,263.40 APR 1,26: 1 Page 2.0.2022 Company Name: CITY OF BRADBURY Corporate Account Number: 4246 0445 5575 6224 Statement Date: 04-22-2022 C䈬 neR NEW ACTIVITY: Transaction Description 54M Amount 167.72 30.00 16.41 4.19 Post Tran Date Date Reference Number 04-15 04-14 4185721040701700490 BROADVOICE 888-325-5875 CA 04-18 04-15 2.20785210570008303 MUNICIPAL MANAGEMENT. ASSO 877-3147080 CA 04-20 04-19 489262709.002X63X5 AMAZON PRIMEMAOJP47W2. AMZN. COM/BILL WA 04-21 04-19 2318211083700013492 SMART AND FINAL 746 DUARTE CA CLAUDIA A SALDANA 4246.0470.0126-483 Post Tran Date Date Reference Number CREDITS $0.00 PURCHASES $392.10 Transaction Description CASH ADV $0.00 TOTAL ACTIVITY $392.10 Amount 41.87 5.19 116.00 229.04 03-30 03-29 243/49208X01215670282 USPS PO 0522740820 DUARTE. CA 04-07 04-06 49/4820X09226984 BIG LOTS STORES #4170 DUARTE CA 04-14 04-13 43/46204091042400 USPS PO 0522740820 DUARTE. CA 04-14 04-12 24884270627197242980 MONROVIA REPRODUCTION MONROVIA CA Department: 00000 Total: Division: 00000 Total: $935.76 $935.76 Page 2 of2 6A 6A 6A $A 5 6 $A 888 Revenues 2020-21 Budget 430,000 14,000 10,000 6,000 1,200 26,000 20,000 38,000 3,000 40,000 18,000 20,000 140,000 2,000 1,000 40,000 10,000 1,500 70,000 85,000 90,000 3,500 6,500 900 1,300 50,000 50,000 200 4,820 500 100 Acct. Number General Fund: 2020-21 YTD @6/30/21 44,815 #DIV/O! 472,351 110% 20,542 147%. 11,191 112% 10,080 168% 6,308 526% 23,316 90% #DIV/O! 19,077 95% 38,562 101% 3,503 117% 47,376 118% 19,634 109% 29,088 145% 144,160 103% 645 32% 4,901 490% 32,094 80% 34,060 #DIV/O! 6,180 62% 1,635 109% 14,578 #DIV/O! 4,844 #DIV/O! 73,539 105% 103,845 122% 51,245 57% 9,913 283% 7,989 123% 900 100% 3,240 249% 98,084 196% 6,523 13% 15 8% #DIV/O! 4,820 100% 49,766 9953% 48,000 #DIV/O! 0% #DIV/O! 1,446,819 122% 6,322 63% 2# #DIV/O! 6,324 78,209 32% 78,209 32% 2,724 91% 66 22% 2,790 10,182 145% 2021-22 2021-22 Account Description Budget YTD @04/30/2022 665,476 667,520 100% 481,798 412,021 86% 18,000 14,491 81%. 27,000 13,834 51% 19,500 19,739 101% 39,500 28,975 73% 3,550 47,500 46,363 98% 20,000 22,500 31,687 141% 145,000 73,811 51% 1,200 2,500 40,000 20,653 52% 10,000 1,635 101-00-4000 Operating Transfers In 101-00-4010 Property Tax-Current Secured 101-00-4030 Property. Tax-Current Unsecured 101-00-4060 Public Safety Augmentation F 101-00-4070 Delinquent Taxes 101-00-4100 Sales & Use Tax 101-00-4110 Franchise Fee-Cable TV 101-00-4111 PEGI Fees 101-00-4120 Franchise Fee-SC Edison 101-00-4130 Franchise Fee-SC Refuse 101-00-4140 Franchise Fee-SC Gas Co. 101-00-4150 Franchise Fee-Cal Am Water 101-00-4160 AB939 Refuse Admin. Fee 101-00-4190 Real Property Transfer Tax 101-00-4200 Motor' Vehicle In-Lieu 101-00-4210 Dist & Bail Forfeiture 101-00-4220 Fines-City 101-00-4350 Business License 101-00-4360 Movie & TVI Permits 101-00-4370 Bedroom License Fee 101-00-4410 Variances & CUPS 101-00-4420 Lot Line. AdjustmentZone Changes 101-00-4440 Subdivisions/Lot Splits 101-00-4460 Planning Dept. Review 101-00-4470 Building Construction Permit 101-00-4480 Building Plan Check Fees 101-00-4485 Landscape Plan Check Permit 101-00-4490 Green Code Compliance 101-00-4500 Civic Center Rental Fee 101-00-4530 Environmental & Other Fees 101-00-4540 City Engineering Plan Check 101-00-4600 Interest Income 101-00-4700 Sales of Maps & Publications 101-00-4800 Other Revenue 101-00-4850 Cal-Am Loan Repayment 101-00-4900 Reimbursements 101-00-4920 Sale of Prop. AF Funds 101-23-4950 Vacant Property Registry Fee 101-24-4610 Donations Utility Users Tax Fund: 102-00-4600 Interest 102-00-4830 Electric Deposits Fund: 11,000 8,000 3,000 9,698 88% 7,699 96% 2,436 81% 2,774 #DIV/O! 3,836 108% 0% 72 6% 1,542 62% 65,370 #DIV/O! 5,150 52% 1,635 100% #DIV/O! #DIV/O! 65,000 23,627 36% 100,000 72,915 73% 100,000 121,621 122% 9,000 10,582 118% 10,000 15,104 151% 900 2,500 100,000 51,020 51% 50,000 100 4,820 2,000 12,649 632% 100 500 2,012,079 1,743,647 87% 5,000 5,000 360 40% 1,112 44% 5,269 11% 0% 82 #DIV/O! 0% #DIV/O! 0% 0% Total General Fund Revenues 1,183,520 10,000 10,000 244,209 244,209 3,000 300 3,300 7,000 1of3 4,778 96% #DIV/O! 4,778 96% 103-00-2039 Chadwick Ranch Development 75,000 101,225 135% 75,000 101,225 135% Long Term Planning Fee Fund: 112-00-4490 Long-Term Planning Fee 112-00-4600 LTP Fee Interest Income Technology Fee Fund: 113-00-4520 Technology Fee 4,000 150 4,150 11,000 4,551 114% 28 19% 4,579 110% 6,501 59% Revenues 2020-21 Budget 800 7,800 1,200 22,500 23,700 13,500 13,500 25,094 300 25,394 20,813 20,813 5,000 5,000 240,000 11,000 251,000 Acct. Number Gas Tax Fund: 200-00-4200 TCRAI Funds 200-00-4600 Interest 200-48-4260 Gas" Tax SB1 Gas Tax Fund: 201-00-4000 Transfers In 201-00-4260 Gas Tax 201-00-4600 Gas Tax Interest Prop. AF Fund: 2020-21 YTD @6/30/21 364 46% 10,546 135% 0% 136 #DIV/O! 28,435 126% 28,571 121% 19,369 143% 412 #DIV/O! 19,781 147% 21,669 86% 444 148% 22,113 87% 17,974 86% 171 #DIV/O! 18,145 87% 9,014 180% 10 #DIV/O! 9,024 180% 240,000 100% 6,319 57% 67,433 #DIV/O! 313,752 10 #DIV/O! 10 #DIV/O! 0% 99 198% 99 2% 13,499 87% 561 70% 14,060 86% 15,295 96% 335 112% 15,630 96% 2021-22 Budget YTD @ 04/30/2022 500 11,500 200 2021-22 215 43% 6,716 58% #DIV/O! 88 44% Account Description 113-00-4600 Technology Fee Interest Income 35,000 22,895 65% 35,200 22,983 65% 30,000 12,136 40% 300 30,300 12,496 41% 25,000 21,891 88% 200 25,200 21,985 87% 23,000 18,158 79% 450 23,450 18,309 78% 5,000 5,000 360 120% 203-40-4260 Prop. AT Transit Funds 203-00-4600 Prop. A1 Transit Interest Prop. C Fund: 204-48-4260 Prop. C Funds 204-48-4600 Prop. C Interest Transportation Development. Act Fund: 205-48-4260 TDAI Funds 205-48-4600 TDAI Interest Sewer Fund: 206-00-4000 Transfers In 206-50-4600 Sewer Fund Interest 206-50-4606 Winston Ave. Assessment STPL Fund: 208-00-4600 STPL Interest Recycling Grant Fund: 209-00-4260 Recycling Grant Funds 209-00-4600 Recycling Grant Interest Measure RI Fund: 210-48-4260 Measure RI Funds 210-00-4600 Measure R Interest Measure MI Fund 212-48-4260 Measure MI Funds 212-00-4600 Measure M Interest 94 47% 151 34% 3,753 75% 18 #DIV/O! 3,771 75% #DIV/O! 2,641 #DIV/O! #DIV/O! 2,641 #DIV/O! 8 80% 8 80% 5,000 100% 50 50% 5,050 99% 582 194% 10 10 5,000 100 5,100 18,000 13,617 76% 300 18,300 14,199 78% 16,500 15,408 93% 400 16,900 15,800 93% 5,000 50 5,050 15,572 800 16,372 16,005 300 16,305 392 98% Measure W Fund 213-48-4260 Measure WI Funds 213-48-4600 Measure W Interest 60,000 2of3 50,506 84% #DIV/O! 50,500 0% #DIV/O! Revenues Acct. Number 2020-21 Budget 60,000 100,000 3,000 103,000 100 100 45,000 150 45,150 2020-21 YTD @ 6/30/21 50,506 84% 100,000 100% 2,200 73% 102,200 99% 324 #DIV/O! 539 327% 863 863% 20,148 45% 50 33% 20,198 45% 177,983 #DIV/O! 38 #DIV/O! 178,021 #DIV/O! 2,337,661 115% 2021-22 Budget YTD @ 04/30/2022 50,500 100,000 161,285 161% 2,500 102,500 164,187 160% 2021-22 Account Description 0% Citizen's Option for Public Safety (COPS) Fund: 215-23-4260 COPs Funds 215-00-4600 COPs Interest County Park Grant: 217-00-4210 County Park Grant 217-00-4600 Grant Fund Interest Income 2,902 116% #DIV/O! 74 15% 74 15% 3,797 15% 1 1% 3,798 15% 0% 1,032 #DIV/O! 1,032 1% 500 500 24,994 75 25,069 100,000 100,000 Fire Safe Grant: 219-00-4260 Community Wildfire Protection Plan 219-00-4600 Fire Safe Grant Interest Income Covid-19 Fund: 220-00-4215 ARPA Revenues 220-00-4600 Interest Income Total Revenues 2,034,213 2,545,758 2,147,278 84% 3of3 Expenditures 2020-21 Budget 2020-21 YTD @ 6/30/21 2021-22 2021-22 Account Description Budget YTD @ 04/30/2022 General Fund: 101-00-5000 Transfers Out City Council Division: 101-11-6100 Events and awards 101-11-6110 City Newsletter City Manager Division: 101-12-5010 Salaries 101-12-5100 Benefits 101-12-6020 Meetings & Conferences 101-12-6025 Expense. Account 101-12-6050 Mileage 101-12-6440 Cell Phone City Clerk Division: 101-13-5010 Salaries 101-13-5100 Benefits 101-13-6020 Meetings & Conferences 101-13-6050 Mileage 101-13-6210 Special Department Supplies 101-13-6220 Election Supplies 101-13-6225 Codification 101-13-7000 Contract Election Services Finance Division: 101-14-5010 Salaries 101-14-5100 Benefits 240,000 240,000 100% #DIV/O! 245 82% 3,000 75% 3,245 75% 103% 99% 295 8% 760 61% 418 42% 825 83% 99% 103% 101% #DIV/O! 55 48% 0% 0% 2,197 44% #DIV/O! 99% 106% 96% 1588% 123% 127% 92% 97% 104% 100% 970% 2,150 #DIV/O! 750 68% #DIV/O! #DIV/O! 167% 102% 56% 0% 113% 0% 50% 29% 333% #DIV/O! 45% #DIV/O! 0% #DIV/O! 3,000 100% 3,000 32% 83% 82% 2,965 59% 279 19% 395 40% 1,256 126% 82% 83% 77% #DIV/O! 49 49% 0% 564 113% 3,612 120% 0% 72% 8,953 57% 512 38% 400 100% 1,150 115% 4,185 93% 0% 700 100% 37% 75% 7,540 251% 8,673 #DIV/O! #DIV/O! 0% 0% 83% 96% 415 42% 682 341% 0% 371 124% 249 36% 808 27% 997 #DIV/O! 2,056 21% 6,500 3,000 9,500 126,720 105,753 50,747 41,583 5,000 1,500 1,000 1,000 185,967 152,231 67,000 55,833 30,000 23,200 100 275 500 3,000 15,000 115,875 83,258 15,789 1,355 400 1,000 4,500 19,000 700 42,744 15,900 31,800 23,850 3,000 3,000 2,000 39,800 40,063 101% 55,605 46,338 14,286 13,667 1,000 200 500 300 700 3,000 10,000 300 4,000 4,300 120,000 124,080 49,455 48,927 3,500 1,250 1,000 1,000 176,205 175,305 61,424 63,512 26,126 26,424 115 275 500 5,000 93,440 92,188 14,000 14,895 1,357 50 1,000 4,500 18,500 725 40,132 41,659 31,800 31,800 2,500 24,260 1,100 35,400 58,960 48,308 49,334 15,488 1,000 200 500 300 700 1,000 10,000 1of4 101-11-6500 Community Support (homelessness) 1,304 794 1,231 5,735 17,000 700 101-14-6210 Special Department Supplies 101-14-6230 Contracted Computer Services 101-14-7010 Contracted Banking Services 101-14-7020 Contracted. Audit Services 101-14-7040 GASB Reports City Attorney Division: 101-15-7020 City Attorney Retainer 101-15-7070 City Attorney Special Service 101-15-7075 Development Code Update 101-15-7080 Seminars & Training 101-15-6125 City Attorney-Planning: 101-15-7450 City Attorney-code Enforcement General Government Division: 101-16-5010 Salaries 101-16-5100 Benefits 101-16-6010 Seminars & Training 101-16-6020 Meetings & Conferences 101-16-6040 Transportation & Lodging 101-16-6050 Mileage 101-16-6120 Postage 101-16-6200 Office Supplies 101-16-6210 Special Departmental Supplies 101-16-6230 Computer & Website Services 8,736 225 149 201 3,329 4,475 Expenditures 2020-21 Budget 4,500 2,500 200 1,200 35,000 36,352 3,200 2,300 1,200 3,200 500 131,296 131,410 75,000 74,148 75,000 74,148 500 500 500 46,800 46,800 90,000 80,941 15,000 22,275 134,460 287,760 167,234 10,000 7,000 10,000 12,000 7,000 46,000 37,941 125,121 125,120 3,000 12,000 140,121 148,283 100 100 375 200 5,500 1,000 7,275 2020-21 YTD @ 6/30/21 6,291 2,566 200 7,029 2,143 1,153 4,840 4,387 2021-22 6,291 2,600 200 39,187 36,652 7,380 2,100 1,200 4,500 500 15,000 40,250 268% 6,000 170,550 165,203 80,000 48,996 80,000 48,996 500 500 500 46,800 26,225 120,000 37,607 15,000 2,000 185,300 66,553 10,000 7,000 10,000 12,000 7,000 15,000 61,000 24,649 126,940 84,626 3,000 12,000 141,940 90,342 110 500 400 200 5,500 1,000 7,710 2021-22 7,998 127% 2,823 109% 0% #DIV/O! 94% 5,847 79% 847 40% 439 37% 3,975 88% 790 158% 0% 97% 61% 61% 7% 9% 0% 56% 31% 18% #DIV/O! 0% 36% 84% 9% 42% 18% 9% 40% 38 #DIV/O! 67% 4,292 143% 1,386 12% #DIV/O! 64% 65 59% 0% 360 90% 0% 261 5% 291 29% #DIV/O! 977 13% Account Description Budget YTD @ 04/30/2022 101-16-6240 PERS UAL Payment 101-16-6241 PERS Replacement Benefit Contribution 101-16-6242 PERS SSA 218 Annual Fee 101-16-6250 Copier & Duplications 101-16-6300 Insurance 101-16-6400 Utilities 101-16-6440 Telephone 101-16-6450 Building Operations 101-16-6460 Building & Cleaning Service 101-16-6470 Maintenance & Supplies 101-16-7435 Redistricting 101-16-6415 Street Signs Engineering Division: 140% 103% 100% 0% 104% 220% 93% 96% 151% 877% #DIV/O! #DIV/O! 100% 99% 99% 63% 387% 0% 100% 90% 149% 14,966 11% #DIV/O! 58% 7,039 70% 4,443 63% 12,124 121% 10,345 86% 3,430 49% 560 #DIV/O! 82% 11 #DIV/O! 100% 3,537 118% 19,615 163% #DIV/O! 106% 185 185% 495 495% 360 96% 0% 4,532 82% 944 94% #DIV/O! 6,516 90% 101-19-7230 Contracted Engineering Services Planning, Zoning & Development Division: 101-20-6020 Meetings & Conferences 101-20-6120 Postage 101-20-6210 Special Department Supplies 101-20-6240 Environmental Filing Fees 101-20-7210 City Planner Retainer 101-20-7220 Contracted Building & Safety 101-20-7240 City Planner Special Service 101-20-7245 General Plan update 101-20-7075 Development Code Update Parks & Landscape Maintenance Division: 101-21-7015 Royal Oaks Trail Maintenance 101-21-7020 City Hall Grounds Maintenance 101-21-7025 Trail Maintenance 101-21-7035 Mt.Olive Entrance & Trail 101-21-7045 Lemon/RO Horse Trail 101-21-7060 Street Tree Trimming Public Safety Division: 101-23-6210 Special Departmental Services 101-23-7410 Contract Services Sheriff 101-23-7420 City Hall Security 101-23-7450 Code Enforcement 101-23-7757 AED Purchase Emergency Preparedness Division: 101-24-6010 Seminars & Training 101-24-6020 Meetings & Conferences 101-24-6030 Memberships & Dues 101-24-6100 Events & Awards 101-24-6470 Maintenance & Supplies 101-24-6480 Civic Center Generator 101-24-7245 Hazard Mitigation Plan 317 1,935 35 46 2,640 8,442 7,662 109% 933 5,012 1,250 1,350 2of4 Expenditures 2020-21 Budget 12,971 300 13,271 10,500 2020-21 YTD @6/30/21 5,817 5,817 10,463 2021-22 2021-22 8,592 8,592 Account Description Budget YTD @ 04/30/2022 Animal & Pest Control Division: 101-25-7000 Animal Control Services 101-25-7010 Pest Control Services Intergovernmental Relations Division: 101-30-6030 Memberships & Dues 45% 0% 44% 100% 11,450 500 11,950 75% 0% 72% 67% 17% 17% 58% 58% 0% #DIV/O! 1,800 60% 8,557 78% 8,557 86% 417 42% 3,445 86% 56% 69% 17% 18% #DIV/O! 353 39% 6,337 70% 47% 2,600 #DIV/O! #DIV/O! 2,920 58% #DIV/O! 5,520 #DIV/O! 10,500 12,078 115% General Fund Totals 1,300,700 1,193,169 92% 1,062,836 711,842 Utility Users Tax Fund: 102-15-7075 Development Code Update 102-42-7630 NPDES Stormwater Compliance 103-00-2039 Chadwick Ranch Development Long Term Planning Fee Fund: 112-20-7245 General Plan Expense Technology Fee Fund: 113-20-4500 Permit Digitizing 113-20-7730 Website Gas Tax Fund: 73,431 91,186 73,431 91,186 166,000 85,568 166,000 85,568 20,000 19,270 2,000 10,200 10,000 10,222 14,000 21,287 9,000 12,878 8,000 10,506 1,000 4,000 5,000 27,000 28,765 124% 52% 96% 510% 102% 152% 143% 131% 0% 78% 45% 107% 90,000 15,571 90,000 15,571 75,000 43,676 75,000 43,676 2,000 3,000 11,000 10,000 1,000 4,000 25,097 14,168 51,097 35,144 81,615 13,906 81,615 14,944 Deposits Fund: 865 #DIV/O! 113-20-8120 Capital Equipment-Server & Copier 200-48-6400 Utilities-Select System 200-48-6410 Street Lights 200-48-7000 PW Contract Services 200-48-7290 Street Sweeping 200-48-7750 Wild Rose Project SB1 Gas Tax Fund: 201-48-7750 Wild Rose Project 201-48-7755 City' Wide Slurry Seal Prop. Al Fund: 203-00-7600 Sale of Prop. AF Funds Prop. C Fund: 204-20-6030 Memberships & Dues 204-40-7325 Transit Services 204-48-7750 Wild Rose Project Transportation Development Act Fund: 205-48-7045 ROTrail 205-48-7720 Lemon/RO Horse Trail Project 205-48-7735 Royal Oaks & Mt. Olive Trail Rehab. 205-00-7760 Return of Funds 10,000 14,453 145% 13,000 16,253 125% 3,131 2,250 1,038 #DIV/O! 60,000 60,000 60,000 60,000 900 9,000 9,900 5,000 5,000 100% 100% 42% 94% #DIV/O! 89% #DIV/O! #DIV/O! 80% #DIV/O! 80% 378 8,448 8,826 4,014 4,014 900 9,000 36,570 15,348 46,470 22,038 5,000 5,000 3of4 Expenditures 2020-21 Budget 2020-21 YTD @ 6/30/21 2021-22 2021-22 Account Description Budget YTD @ 04/30/2022 Sewer Fund: Transfer Out to GF #DIV/O! 38% 88% 129% 45% #DIV/O! 665,476 665,476 1,055 1,055 5,000 88,739 88,739 58,470 58,470 50,500 50,000 50,000 100% 56,500 106,500 50,116 1,000 30,934 100,000 100,000 0% #DIV/O! #DIV/O! #DIV/O! 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 47% 0% 11% #DIV/O! 0% 0% 36% 206-50-7601 Mt. Olive Lane Sewer Project 206-50-7602 DUSD Message Board 206-50-7606 Winston Ave Project 208-48-7750 Wild Rose Project Recycling Grant Fund: 209-35-7300 Recycling Education Measure RI Fund: 210-48-7750 Wild Rose Project Measure M Fund 212-48-7750 Wild Rose Project Measure W Fund 673,396 253,946 40,000 35,160 40,000 51,750 753,396 340,856 STPLF Fund: 5,000 7,200 144% 213-42-7630 NPDES Stormwater Compliance Citizen's Option for Public Safety (COPS) Fund: 215-23-7410 Contract Services Sheriff 215-23-7411 Contract CSO Services & Supplies County Park Grant: 217-21-7650 Civic Center Park Fire Safe Grant 14-USFS-SFA-0053: 219-21-7761 Community Wildfire Protection Plan 220-00-5000 Operating Transfers Out 220-00-6215 ARPAI Expenses 60,000 50,506 50,000 53,500 70,053 103,500 70,053 1,000 50,000 32,901 84% 0% 131% 68% 0% 66% 116 3,295 Covid-19 Fund: 44,815 #DIV/O! 5,223 #DIV/O! 50,038 #DIV/O! Total Expenditures 2,648,927 2,063,640 78% 2,534,692 918,399 4of4 INCORPORAT TEP Elzabeth Bruny, Mayor (District5) Bruce Cathrop, Mayor Pro Tem District4 4) Richard .5 Hale, Councils Member District 1) Monte Lewis, Councilg Member (District2) RifamffamkytrComdfo)tmier(Datats) TYOFE BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Kevin Kearney, City Manager May 17, 2022 APPROVAL OF A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR HOUSING ELEMENT UPDATE ATTACHMENTS: 1) First Amendment 2) Original Agreement SUMMARY The City contracted with Veronica Tam and Associates, Inc. (VTA) in March 2021 to prepare the City's 6th cycle Housing Element Update. The agreement originally called for VTA to utilizes the services of EcoTierra Consulting to perform the CEQA analysis, but VTA was unable to come to terms with EcoTierra for the required services. VTA has notified the City that the intent is to engage RECON Environmental, Inc. to perform the CEQA analysis in connection with the original agreement and for services in connection with the rezoning necessitated by the Housing Element update. Engagement of RECON VTA has also notified the City that all of their budgeted time for meetings in the original agreement has been expended. As such, the City and VTA have agreed that it will take an additional seven hours to complete the Housing Element services at the contract rate The City and VTA have agreed that a contract amendment for $7,481 is an acceptable amount for both the services of the CEQA analysis and the additional time for meetings. Itis recommended that the City Council authorize the City Manager to sign the First necessitates an additional fee $6,221. of $180 per hour. Amendment with VTA. FOR CITY COUNCIL AGENDA 5-17 AGENDA ITEM # LE ATTACHMENT #1 TOEFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" City of Bradbury "VTA" By: Date: By: Date: Attest: By: Veronica Tam, AICP Kevin Kearney, City Manager Claudia Saldana, City Clerk Approved as to: form: By: Cary S. Reisman, City Attorney City of Bradbury FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR HOUSING ELEMENT UPDATE IRRONEOUSLYTTLED, FIREI PROTECTION SERVICES VTA) CIYOTbPdDUPyTVIA) 1. IDENTIFICATION This amendment ("Amendment"), effective immediately upon execution, amends the Professional Services Agreement ("Agreement") entered into by and between the City of Bradbury, a California municipal corporation ("City"), and Veronica Tam and Associates, Inc., a California Corporation ("VTA"), on or about March 1, 2021 for the provision of professional services in connection with preparation of the City's 6th cycle Housing Element Update. 2. RECITALS 2.1 The Agreement called for VTA to utilize the services of EcoTierra Consulting ("Ecotierra") as a subcontractor in providing CEQA environmental consulting services in connection therewith. 2.2 VTA was unable to come to terms with Ecotierra for the required services. 2.3 VTA intends to engage RECON Environmental, Inc. (RECON) to perform environmental consulting services in connection with the Agreement and for services in connection with the rezoning necessitated by the Housing Element update. Engagement ofF RECON necessitates an additional fee ofs six thousand, two 2.4 VTA has expended all of the time for meetings contemplated in the Agreement, and estimates that it will take an additional seven hours to complete the contract at the contract rate ofonel hundred eighty dollars ($180.00) per hour. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hundred twenty-one ($6,221.00). herein contained, City and VTA agree as follows: 3. COMPENSATION 3.1 City agrees to compensate VTA the additional sum ofs seven thousand four hundred eighty-one ($7,481.00) for environmental services in connection with the Housing Element and rezoning, and for additional meetings under the Agreement, and VTA agrees to accept said sum for such services, payment to be made in accordance with the. Approved Fee Schedule (Section Vo of Exhibit"A") and Section 5.1 oft the Agreement. 4. EFFECT and effect. Except as expressly modified by the terms hereof, the Agreement remains in full force -1- ATTACHMENT #2 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO PROFESSIONAL SERVICES AGREEMENT FIRE PROTECTION SERVICES VTA Clyorbnadbuy/VTA) 1. DENTIFICATION THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered intol by and between the City of] Bradbury, a California municipal corporation ("City"), and Veronica Tam and Associates, Inc., a California Corporation ("VTA"). 2. RECITALS 2.1 City has determined that it requires the following professional services from a 2.2 VTA represents that it is fully qualified to perform such professional services by virtue ofi its experience and the training, education and expertise of its principals and employees. VTA further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in Consultant: Preparation of 6th cycle Housing Element Update. this Agreement. the above tasks. 2.3 VTA submitted aj proposal dated February 19,2021, to the City for services related NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and VTA agree as follows: 3. DEFINITIONS 3.1 "Scope of Services": Such professional services as are set forth in VTA's proposal, which proposal is attached hereto as Exhibit A (the Proposal") and incorporated herein by this reference. 3.2 "Approved Fee Schedule": The fees for VTA's Services shall be as set forth in 3.3 "Commencement Date": The date upon which the City provides written notification, including e-mail notification, to commence Services. 3.4 "Expiration Date": The date upon which a determination is received from HCD on Section V" oft the attached Exhibit A. the City's adopted 2021-2029 Housing Element. -1- DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO 4. TERM Theterm rofthis Agrementahatrcommemncratt2.00-am onthe Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement ofthe parties or terminated earlier in accordance with Section 17 (Termination") below. 5. VTA'SSERVICES 5.1 VTA shall perform the services identified in the Scope of Work and Approach. City shall have the: right to request, in writing, changes in the Scope of Work. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. 5.2 VTA shall perform all work in accordance with the professional standards of VTA's profession and in a manner reasonably satisfactory to City. VTA shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et.seq.). 5.3 During the term of this Agreement, VTA shall not perform any work for another person or entity for whom VTA was not working at the Commencement Date if such work would require VTA to abstain from a decision under this Agreement 5.4 VTA represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by VTA or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Veronica Tam shall be VTA's Project Administrator, who shall have direct responsibility for management of VTA's performance under this Agreement. No change shall be made in VTA's pursuant to a conflict ofi interest statute. Project Administrator without City's prior written consent. 5.5 VTA intends to use the services of EcoTierra Consulting, Inc. ("EcoTierra") as a subcontractor in providing CEQA/NEPA environmental consulting services in connection with this Agreement. 6. COMPENSATION 6.1 City agrees to compensate VTA for the services provided under this Agreement, and VTA agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule (Section V of Exhibit "A") and Section 5.1 ofthis Agreement above. 6.2 VTA shall submit invoices for the services performed pursuant to this Agreement noi more than once ai month, but at least every two months. Thei invoice shalli itemize the services rendered during the billing period and the amount due. Within ten business days of receipt of the invoice, City shall notify VTA in writing of any 2- DocuSign Envelope ID: 9C57926E-33F9-F81-ABEF-CBA703A5AACO disputed amounts included on the invoice. Within forty-five calendar days of receipt of the invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other payroll deductions from payments made to VTA unless otherwise required by law. 6.3 IfVTA determines that additional work is required toj perform the Services beyond that estimated in the Proposal, VTA shall provide City with a written request to exceed the amount set forth in the Proposal with an explanation for the need. Any additional services shall be performed at the rates set forth in the Proposal. 7. OWNERSHIP OF WRITTEN PRODUCTS All reports, documents or other written material ("written products" herein) originally developed by VTA or EcoTierra in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon use or dissemination by City. VTA and EcoTierra may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by VTA or EcoTierra. Any substantive modification of the Documents by City, or at City's direction, or any use of the completed Documents for other City projects, or any use of uncompleted Documents, without the written consent ofVTA, shall be at City's sole risk and without liability or legal exposure to VTA. City agrees to hold VTA harmless from all damages, claims, expenses and losses arising out of any reuse of the Documents for purposes other than those described in this Agreement, unless VTA consents in writing to such reuse. 8. RELATIONSHIP OF PARTIES VTA is, and shall at all times remain as to City, a wholly independent contractor. VTA shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalfofCity: as an agent. Neither City nor any ofits agents shalll have control over the conduct ofVTA or anyofVTA'se employees or subcontractors, except as set forthi in this. Agreement. VTA shall not represent that it is, or that any of its subcontractors, agents or employees are, in any manner employees of City. Under no circumstances shall VTA or its subcontractors, agents or employees look to City as its employer. VTA and its subcontractors, agents and employees shall not be entitled to any benefits from City. 9. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by VTA or provided for performance of this Agreement may be deemed confidential by City, and if SO deemed, shall not be disclosed by VTA ori its subcontractors without prior written consent by City. City shall grant such consent ifd disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration ofthis Agreement. The preceding restriction shall not apply to information which is in the public domain, was previously known to VTA, was acquired by VTA from others who have no confidential relationship to City with: respect to same, or which through no: fault ofVTA, comes into the public domain. VTA shall not be restricted from releasing information, including confidential information, ini response to a subpoena, court order, or other legal process. VTA shall not be required to resist such subpoena, court order, or legal process, but shall promptly notify City in writing of the demand for information before VTA -3- DocuSign Envelope ID: C57926E-33F9-4F81-ABEF-CBA703A5AACO responds to such demand. 10. INDEMNIFICATION 10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, reasonable attorneys' fees, litigation costs, taxes, or any other cost arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by thej parties to bei interpreted and construed toj provide City with the fullest protection possible under the law. VTA acknowledges that City would not enter into this Agreement in the absence of VTA's commitment to 10.2 To the fullest extent permitted by law, VTA shall indemnify, hold harmless, and when City requests with respect to a claim, provide a deposit for the defense of City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with VTA's alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of VTA or any of its officers, employees, servants, agents, or subcontractors, or anyone directly ori indirectly employed by either VTA or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct ofCity. Such costs and expenses shall include reasonable attorneys' fees due to counsel of City's choice, expert fees and all other costs and expenses ofh litigation. Thisi indemnity does not include defense, however VTA shall be responsible for defense costs to the extent such costs are 10.3 The parties agree that VTA, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, reasonable attorneys' fees, litigation costs, taxes, or any other cost arising out of ori in any way pursuant to this Agreement to the extent that such loss or cost is the sole responsibility ofCity. 10.4 City shall have the right to offset against any compensation due VTA under this Agreement any amount due City from VTA as ai result ofVTA's failure toj pay City promptly, any indemnification arising under this Section 10 and any amount due City from VTA arising from VTA's failure to (i) pay taxes on amounts received pursuant to this Agreement; (ii) satisfy obligations to any governmental entity, or 10.5 The obligations of VTA under this Section 10 are not limited by the provisions of any workers' compensation statute or similar act. VTA expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, indemnify and protect City as set forth herein. incurred as ai result of VTA's negligence. (iii) comply with applicable workers' compensation laws. employees and volunteers. 4- DocuSign Envelope ID: C57928E33F94P81ABM-ABEFCBATOASAACO 10.6 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, VTA and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10.7 In the event that VTA or any employee, agent, or subcontractor of VTA providing services under this Agreement claims or is determined by a court of competent jurisdiction to be eligible for enrollment in PERS as an employee of the City, VTA shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of VTA 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 10.8 VTA agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section 10 from EcoTierra, and each and every other subcontractor or any other person or entity involved by, for, with or on behalfo of VTA in the performance ofthis Agreement. IfVTA fails to obtain such indemnity obligations from others as required herein, or if such agreements prove to be inadequate to protect City for any reason, VTA agrees to be fully responsible and to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of VTA's subcontractors or any other person or entity involved by, for, with or on behalf of VTA in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's 10.9 City does not, and shall not, waive any rights that it may possess against VTA because ofthe acceptance by City, or the deposit with City, ofany insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies apply to the claim, demand, damage, liability, loss, cost or expense. commencement of Work, VTA shall obtain, provide and maintain at its own expense during the term of this Agreement, policies ofinsurance of the type and amounts described below 11.1 General liability insurance. VTA shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG0001, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include City. choice. 11. INSURANCE Without limiting VTA'si indemnification of Agency, andj prior to and in ai form satisfactory to City: -5- DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO contractual liability that has not been amended. Any endorsement restricting standard Automobile liability insurance. VTA shall maintain automobile insurance at least as broad as Insurance Services Office form CA000lcovering' bodily injury and property damage for all activities of VTA arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for Workers' compensation insurance. VTA shall maintain Workers' Compensation VTA shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and 11.2 Professional liability (errors & omissions) insurance. VTA shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policyi inception date, continuity date, ori retroactive date must bel before the effective date of this agreement and VTA agrees to maintain continuous coverage through a period no less than three years after completion of the services required by 11.3 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes ofclarification only as it pertains to a given issue and is not intended by any party or insured tol be all inclusive, or to the exclusion of other coverage, or a waiver ofany type. IfVTAI maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by VTA. Any available insurance proceeds in excess of the specified minimum limits ofi insurance and coverage shall be available 11.4 VTA shall require each of its subcontractors to maintain insurance coverages that 11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A-:VII in the latest 11.6 VTA agrees that ifit does not keep the aforesaid insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary 11.7 At all times during the term of this Agreement, VTA shall maintain on file with ISO "insured contract" language will not be accepted. each accident. Insurance (Statutory Limits). volunteers. this agreement. to the City. meet all ofthe requirements ofthis Agreement. edition of] Best's Insurance Guide. insurance and pay the premium(s) thereon at VTA's expense. -6- DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO City's Risk Manager a certificate or certificates ofi insurance showing that the policies required by this Agreement are in effect in the required amounts and naming City and its officers, employees, agents and volunteers as additional insureds. VTA shallf file with City's Risk Manager such certificate(s) prior to commencement of work under 11.8 VTA shall provide proofto City's) Risk Manager that policies ofi insurance: required herein expiring during the term oft this Agreement have been renewed ori replaced with other policies providing at least the same coverage at least two weeks prior to the 11.9 The general liability and automobile policies of insurance required by this Agreement shall contain endorsements naming City and its officers, employees, agents and volunteers as additional insureds. All ofthe policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to City. VTA agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and 11.10 The insurance provided by VTA shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of VTA's insurance and shall not 11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit VTA, and VTA's employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. VTAI hereby waives all rights of subrogation against City. 11.12 Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, VTA shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or VTA shall procure a bond guaranteeing 11.13 Procurement ofi insurance by VTA shall not be construed as a limitation ofVTA's liability or as full performance ofVTA's duties to indemnify, hold harmless and defend this Agreement. expiration oft the coverages. to delete the word "endeavor" with regard to any notice provisions. contribute with it. payment oflosses and expenses. under Section 10 of this Agreement. 12. MUTUAL COOPERATION 12.1 City shall provide VTA with all pertinent data, documents and other requested information as is reasonably available for the proper performance of VTA's 12.2 Ifa any claim or action is brought against City relating to VTA's performance in connection with this Agreement, VTA shall render any reasonable assistance that services under this Agreement. City may require in the defense of that claim or action. -7- DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO 13. RECORDS AND INSPECTIONS VTAshattmaintainf fulamfasunterantrwtirepetuatmamers covered underthis Agreement for aj period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. 14. PERMITS AND APPROVALS VTA shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for VTA's performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections. 15. NOTICES Any notices, bills, invoices, or reports required by this Agreement shalll be deemedreceived on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during VTA'sa and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO Ifto City: City ofl Bradbury 600 Winston Avenue Bradbury, CA 91008 Attn: Kevin Kearney Email - keameyealyolbiadhuyers Telephone: (626)358-3218 Facsimile: (626)303-5154 With courtesy copy to: Cary S. Reisman, City Attorney OfCounsel to. Jones & Mayer 3777 N. Harbor Blvd. Fullerton, CA 92835 Email - sr@jones-mayer.com Telephone: (714)446-1400 Facsimile: (714)446-1448 16. SURVIVING COVENANTS Ifto VTA: Veronica Tam and. Associates 107S S. Fair Oaks Avenue, Ste. 212 Pasadena, CA91105 Ematlyeroncatamgyaplanning.com Telephone: (626)304-0440 Facsimile: (626)304-0005 Thej parties agree that the covenants contained in Section 9, Section 10,1 Paragraph 12.2 and Section 13 ofthis Agreement shall survive the expiration or termination oft this Agreement. 17. TERMINATION 17.1. City may terminate this Agreement for any reason on five calendar days' written notice to VTA for any reason. VTA may only terminate this Agreement for any reason on thirty calendar days' written notice to City and only for cause. VTA agrees to cease all work under this Agreement on or before the effective date ofany notice oftermination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this 17.2 IfCity terminates this Agreement due to: no fault or failure ofperformance by VTA, then VTA shall be paid for work performed in accordance with the terms and conditions oft this agreement at the time oft termination. In no event shall VTA be entitled to receive more than the amount that would be paid to VTA for the full Agreement. performance of the services required by this Agreement. DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO 18. GENERAL PROVISIONS 18.1. Delegation. Except as specifically authorized herein, VTA shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do SO shall be void and of no effect. City shall not be obligated or liable Discrimination. In the performance of this Agreement, VTA shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental Headings. The headings appearing at the commencement of the sections hereof, and in any sub-paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph at the head of whichi it appears, the section or paragraph, and not such heading, shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in Waiver. The waiver by City or VTAofany breach ofany term, covenant or condition of this Agreement shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach oft the same or any other term, covenant or condition oft this Agreement. No term, covenant or condition ofthis Agreement shall be deemed to have been waived by City or VTA unless in a writing signed by one authorized to bind the party Excused performance. VTA shall not be liable for any failure toj perform if VTA presents acceptable evidence, in City's sole judgment, that such failure was due to causes beyond the control and without the fault or negligence ofVTA. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by VTA or any ofits subcontractors in the course of performance ofthis Agreement, shall be and remain the sole property of City. VTA agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to VTA. VTA shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, under this Agreement to any party other than VTA. 18.2. disability medical condition or any other unlawful basis. 18.3. which the context requires such substitution(s). 18.4. asserted tol have consented to the waiver. 18.5. 10- DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized Public Records Act Disclosure. VTA has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by VTA, or any ofits subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information of VTA that qualify as trade secrets (such as, and including, its private financial statements, financial records and bank account information), as that term is defined in Government Code Section 6254.7, and of which VTA informs City, trade secret, and records relating to provision of medical aid and assistance to any individual under suchi individual's State and Federal rights of privacy and the provisions of the Health Insurance Portability and Accountability Act of 1996. City will endeavor to maintain as confidential all information obtained by it that is designated as trade secret or personal health records. City shall not, in any way, bel liable for the disclosure ofany trade secret or personal health records including, without limitation, those records sO marked, if disclosure is deemed tol be required by law or by order Conflict of Interest. VTA and its officers, employees, associates and City- approved subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to VTA's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term ofthis Agreement, VTA and its officers, employees, associates and City-approved subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom VTA is not currently performing work that would require VTA or one ofits officers, employees, associates or City-approved subcontractors to abstain from a decision under this Agreement pursuant to Responsibility for Errors. VTA shall be responsible for its work and: results under this Agreement. VTA, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to VTA occurs, then VTA shall, at no cost to City, provide all actions to the sole satisfaction of City and to participate in any meeting required with regard to the representative, at no additional cost to the City. 18.6. oft the Court. 18.7. aconflict ofi interest statute. 18.8. correction. -11- DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO 18.9. 18.10. Prohibited Employment. VTA will not employ any regular employee of City while this Agreement is in effect or for one year thereafter. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth int this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any- document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions ofthis Agreement and those ofany such provision or provisions sO incorporated by reference, the conflict shall be resolved by giving precedence in the blbowingonder.fapliahle This Agreement, the City's Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance ofits obligations hereunder except as expressly provided herein. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and VTA and no other parties are intended to be direct ori incidental beneficiaries ofthis Agreement and no third party shall have Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question ofi intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fairi meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue ofthe authorship of any oft the provisions of Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. For amendments affecting administrative business operations not related to overall service levels, compensation or performance standards, those may be approved administratively by the City Administrator. For amendments affecting compensation, performance standards or service levels, those must Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require performance or compliance. No waiver ofany provision ofthis Agreement shall be effective unless in writing and signed by a duly authorized representative oft the party against whom enforcement ofa waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy ini respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. Request for Proposals, VTA'sProposal. 18.11. 18.12. any right in, under or to this Agreement. 18.13. this Agreement. 18.14. be approved by the City Council. 18.15. -12- DocuSign Envelope ID: 9C57926E-33F9-F81-ABEF-CBA703A5AACO 18.16. Cumulative. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercisel by such party ofany ofall ofsuch other rights, powers or remedies. Litigation. If legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants' and attorneys' fees incurred in such action. The venue for any litigation shall be Los Angeles County, California and VTA hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Interpretation. Ifanyt term or provision oft this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision ofthis Agreement shall be valid and enforced to the fullest extent permitted by law. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit ofthe bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall bel binding, then both parties agree to substitute Applicable Law. This Agreement shall be governed and construed in Complete Agreement. All documents referenced as exhibits in this Agreement arel hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions oft this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between the parties with respect to the transactions contemplated herein. No prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and VTA. 18.17. Agreement. 18.18. such provision(s) through good faith negotiations. accordance with the laws oft the State of California. 18.19. 18.20. -13- DocuSign Envelope ID: C57926E-33F9-4F81-ABEF-CBA703A5AACO 18.21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalfo of said parties and that by doing SO the parties hereto 18.22. are formally bound to the provisions oft this Agreement. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" City of Bradbury DocuSigned! by: BD.Maatpury luwis DwMontgemery Lewis, Mayor Date: 3/3/2021 Attest: DocuSigned! by: By (laudia Sallana Claudians Saldana, City Clerk Approved as to form: DocuSigned! by: By! fary S.Kusman Eaty-SReisman, City Attorney City of] Bradbury VTA" DocuSigned! by: By: Verovita Tam VerslepPam, AICP Date: 3/3/2021 14. DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO EXHIBIT'A' DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Veronica Tam and Associates, Inc. 107S S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 (626)304-0440 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO VERONICA TAM AND February 19, 2021 Jim Kasama, City Planner City of Bradbury 600 Winston Avenue Bradbury, CA91008 Dear Mr. Kasama: Subject: Proposal for the City of Bradbury Housing Element Update Services Veronica Tam and Associates, Inc. (VTA) is pleased to submit this proposal to assist the City of Bradbury with the 6th cycle Housing Element Update. We have included EcoTierra Consulting to VTA is a recognized consulting firm with a strong focus on housing planning and community development. We have substantial experience in assisting jurisdictions in preparing the Housing Element updates. For the 5th cycle Housing Element update cycle, we successfully completed close to 60 Housing Elements for jurisdictions throughout the State. We are currently assisting communities throughout the SCAG and San Diego regions with the 6th cycle update. We believe we are well-qualified to assist the City of Bradbury and look forward to discussing our proposal with you. Per our discussions. the City has a very late start. While we will do our due diligence to complete the Bradbury Housing Element update in an expeditious manner, we cannot commit to completing the update by the Statutory deadline of October 15,2021. Please contact me if you have questions or need additional information. IC can be reached at provide assistance with CEQA compliance. veronica.tam@vtaplanning.com or (626)304-0440x1. AICP Principal I 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CAS 91105 P( (626) 304-0440 F(626)3 304-0005 DocuSign Envelope ID: 9C57926E-33F9-F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Pagei 3 Scope of Work and Approach. II. Schedule.. III. Firm Organization. IV. Project Organization V. Cost Proposal.. 6 9 11 1075 S. Fair Oaks Avenue, Suite 212 Pasadena, CAS 91105 P(626) 304-0440 F(626)304-0005 DocuSign Envelope ID: 9CS/92BE-33F94P8IABEF-CBATOASAACO City of Bradbury Page 1 Housing Element Update Services Scope of Work and Approach Understanding of Project The Bradbury 2013-2021 Housing Element was adopted in 2015, passed the statutory deadline for the 5th cycle update, and obligating the City to prepare a midterm update by October 15, 2017. The City's midterm Housing Element was adopted in 2019, also passed the deadline. Therefore, the City of Bradbury is not eligible for the eight-year Housing Element or the 120-day grace period for the 6th cycle update. The City would not be eligible to re-align with the rest of the region for an eight-year update until the 7th cycle (2029-2037), provided that the City completes the first four-year update on time in 2033 and the second four-year update on time in Given the City's late start, Veronica Tam and Associates, Inc. (VTA) cannot commit to completing the Bradbury Housing Element update by October 15, 2021. Instead, we propose to complete the Housing Element by the end of 2021, a more realistic timeline given the required 2037. process. Task 1-1 Project Administration Task 1.1-K Kick-off Meeting coordination and schedule. Task 1.2-Project Management teleconferences on an as-needed basis. Task 2-Housing Element Assessment VTA will attend a kick-off meeting with City staff to discuss project expectations regarding We will update the City on progress with the Housing Element via emails, phone, or Task 2.1-E Evaluation of the 2013-2021 Housing Element changes in programs and objectives needed. As an initial task to the Housing Element update, we will review and evaluate the City's progress ini implementing the 2013-2021 Housing Element (and 2019 Midterm Update) and recommend Task 2.2- Needs Analysis Section 65583(a) requirements: The Housing Needs Assessment will contain the following topics to satisfy Government Code Demographics, income, and employment trends; Household characteristics; Housing stock characteristics; At-risk housing analysis; analysis of special housing needs; and Affirmatively furthering fair housing analysis. 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CAS 91105 P(626) 304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Page 2 Most recently, HCD released a Technical Memo for AB 686 (Affirmatively Furthering Fair Housing). VTA will consult this memo and HCD staff to ensure this new requirement is adequately addressed in the Housing Element update. Task 2.3-Sites Analysis The City's allocation is estimated at 41 units, a significant number for Bradbury. This Housing Element update would require dedicate efforts to identify sites with near-term potential, taking into considerations the adequate sites requirements under new Housing Element laws (SB 166, AB 1397, etc.). We understand that staff have already identify areas for rezoning. Our scope does not include preparing or processing the rezoning necessary to meet the RHNA. Our scope assumes the rezoning will occur after the adoption of the Housing Element. Task 2.4-Housing Constraints and Opportunities We willi identify potential governmental and non-govermenta constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the development, improvement, and preservation of housing in Bradbury. Factors to be reviewed include market, govemmental, environmental, and infrastructural constraints. New Housing Element laws require the assessment of non- governmental constraints, including NIMBYism, lending practices, shortage of labor, and other In addition to the sites inventory, we will also discuss other resources such as funding available and partnership opportunities, as well as opportunities for energy conservation. economic factors. Task 2.5-Implementation Program Based upon the analyses and research conducted in the previous tasks, we will update the Housing Element. For each program included in the Housing Element, we will establish the timeframe for implementation, specific objectives, funding sources, and responsible agencies. The programs will satisfy requirements of Government Code Sections 65583(b) and (c). Several new programs are mandated: Program to incentivize Accessory Dwelling Units Program to address impediments to fair housing set aside for lower income households By-right approval of housing projects on rezoned properties if 20 percent of the units are Task 3-0 Community Engagement and Public Hearings Task 3.1-Community Outreach Housing Element law requires outreach to low and moderate income and special needs populations during the development of the Draft Element. In light of the current COVID-19 situation, in-person community meetings would be infeasible. All meetings in this proposal are intended as virtual meetings. Stakenoders.Communsy Virtual Workshop (1): We will one stakeholders and/or community workshop on the Housing Element. We will work with staff to determine the appropriate format of these meetings. We will invite agencies and organizations that 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CAS 91105 P(626): 304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Page3 3 serve the low and moderate income population and those with special housing needs, as Planning Commission and City Councii Presentations (2): We will introduce the Housing Element update before the Planning Commission and City Council. We will discuss with the PC and CC the Housing Element requirements and City staff's strategy for meeting Planning Commission Review of Draft Housing Element prior to HCD Review (1): We typically recommend providing the public and the Planning Commission an opportunity to well asi housing developers active in San Gabrielre region. the RHNA. comment on the Draft Housing Element prior to initiating HCD review. Task 4-F Facilitation of Review and Approval of Housing Element Amendment Task 4.1-Staff Review of Draft Housing Element With the analyses conducted in the previous tasks, we will comprehensively update the City's 2019 Housing Element for the 2021-2029 cycle. A Screendraft Housing Element will be prepared for staff review. Deliverable(s): Screendraft Housing Element (electronic copy) Task 4.2-Public Review Draft Housing Element We will revise the Screendraft Housing Element, responding to staff comments to formulate the Public Review Draft. We recommend presenting this Draft Housing Element to the Planning Commission prior to submitting for HCD review (see Task 3.1). We will revise the Public Review Draft Housing Element to reflect any changes desired by the Planning Commission and respond to public comments. Deliverable(s): Public Review Draft Housing Element (electronic copy) Task 4.3-HCD Submittal and Review HCD review of the Draft Housing Element is mandatory. During the review, we would work to address all HCD comments. We would communicate with HCD and facilitate review of the revisions via revised pages. All revisions made to the Draft Housing Element would be shown as tracked changes. The goal is to secure a Finding of Substantial Compliance on the Draft Element before proceeding to adoption. This way, final certification would be contingent upon adopting the Housing Element as revised and reviewed by HCD, and the City would avoid adopting a Housing Element that does not completely meet HCD requirements and needing to repeat the review and adoption process again. Deliverable(s): HCD Review Draft Housing Element (electronic copy and one hard copy) Task 4.4-A Adoption Public Hearings (2) Upon completion of HCD review, VTA will conduct two public hearings before the Planning Commission and City Council for the adoption of the Housing Element. 107S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 P(626) 304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Page 4 Deliverables: PowerPoint presentation (electronic copy) Task 4.5-Final Housing Element and State Certification After the Planning Commission and City Council adoption hearings, we will package a Final Adopted Housing Element, along with the signed resolution, and send to HCD for its final 90-day review. We will follow through with assisting the City in achieving State certification of the Housing Element. Deliverable(s): Final Housing Element (electronic copy and one hardcopy) Task 5- CEQA Compliance Our scope for the Housing Element update does not include preparing or processing the rezoning necessary to meet the RHNA. We assume the rezoning will be carried out by the City can occur after adoption of the Housing Element. Therefore, we assume only a Negative Declaration or Mitigated Negative Declaration would be completed (no technical studies required). 107S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 P(626)3 304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Page 5 I. Schedule As discussed before, Veronica Tam and Associates, Inc. (VTA) cannot commit to completing the Housing Element by the statutory deadline, given. the City's late start. We do recommend adopting the Housing Element by the end oft the 2021. Milestone Timeline Project Initiation March 2021 May 2021 August 2021 Slakeholder/Communty Workshop (1) Draft Housing Element HCD Review CEQA (ND/MND) Adoption Hearings Planning Commission/City Council Presentations (2 total) June 2021 Planning Commission Review of Draft Housing Element August 2021 Seplember-November 2021 June October 2021 November - December 2021 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 P(626) 304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Page 6 I. Firm Organization 1. Veronica Tam and Associates, Inc. (VTA) VTA is a California corporation located in Pasadena, California. VTA was established in November 2005 and has since been providing housing and community development consulting to local jurisdictions throughout California. We provide assistance int thei following areas: Housing Element updates Zoning revisions for housing-related issues Special housing studies Consolidated Plan and related reports Grants administration and technical assistance Analysis of Impediments to Fair Housing Choice Environmental clearance for nousing-related plans and projects The person authorized to negotiate contract conditions for the company is: Veronica Tam, AICP, Principal Veronica Tam and Associates, Inc. 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 P:( (626)304-0440 Veronica.lam@vaplanning.com Housing and Community Development Planning Experience Our clients have included rural towns/communties, suburban and urban cities, metropolitan areas, and counties. Fifth Cycle Housing Elements We are well known for our expertise in State Housing Element law. We have prepared Housing Elements forj jurisdictions throughout the State and maintain an excellent track record of receiving State certification. For the fifth cycle, we prepared close to 60 Housing Element updates in the San Diego, SCAG, ABAG, AMBAG, and FCOG regions. Alhambra Avalon Buena Park Burbank Camarillo Chino Corona Coronado Costa Mesa Glendora Gonzales Hawthorne Hercules Imperial Beach Jurupa Valley Kingsburg La Canada Flintridge Lake Forest Rancho Santa Margarita Redondo Beach Salinas San Bernardino San Clemente San. Joaquin San Marcos San Marino Santa Clara 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CAS 91105 P(626) 304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Page 7 Cupertino Del Mar Dublin EICajon EICentro EIS Segundo Escondido Fowler Fresno County Lal Mesa Lawndale Lomita Long Beach Marina Monterey County Parlier Pinole Pomona Santee Seaside Seima Simi Valley South Gate Tracy Vista Walnut West Hollywood Analysis of Impediments (AI) to Fair Housing Choice/Assessment of Fair Housing (AFH) We have prepared some of the most complex. Al and AFH reports in the State. Alhambra Al Glendale Al Los Angeles Al Long Beach Al and AFH Similar Projects Monterey County Al Pasadena Al Pomona Al and AFH Monterey County AI Salinas. Al San Bernardino Al San Diego County Al Ventura County Al Seaside Housing Element (2015-2023) The City of Seaside was updating the Housing Element along with the comprehensive General Plan update. The Draft Housing Element was able to secure a Finding of Substantial Compliance from HCD, and was waiting to be adopted along with the entire General Plan. Unfortunately, the General Plan growth forecast became the subject of litigation, significantly delaying the General Plan/Housing Element adoption process. To move forward with the Housing Element sO the City would be eligible for SB 2 grants, VTA revised the Element to rely on the current General Plan (instead of the proposed General Plan) for the RHNA. The Element was also updated to reflect the changes in Housing Element requirements due to the 2017 and 2018 housing bills. The Seaside Housing Element received a Finding of Substantial Compliance in October and is currently in the adoption process. Gloria Stearns, Director of Community Development SansedseasceCus (831)899-6830 Marina Housing Element (2015-2023) The City of Marina committed in its fourth cycle of Housing Element to redesignate 27 acres of land into high-density mixed use commercial uses. However, with the housing market implosion that occurred between 2006 and 2012, and the dissolution of redevelopment in 2012, the City never completed the required rezoning. Therefore, the City never commenced the fifth cycle update of the Housing Element until 2016 when the City was finally able to pursue the creation of the Downtown Vitalization Specific Plan. VTA worked closely with HCD to devise a two-part plan to help the City prepare the fifth cycle update within three months in order to qualify for CDBG funds, and then move on to achieve a certifiable Housing Element later. Matt Mogensen, Assistant City Manager mmogensen@cityofmarina.org 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CAS 91105 P(626) 304-0440 F(626)304-0005 DocuSign Envelope ID: C57926E-33F9-4F81-ABEF-CBA703A5AACO City of Bradbury Housing Element Update Services Page 8 (831)884-1240 Maywood Housing Element (2013-2021) The City of Maywood adopted the 2013-2021 Housing Element on time but the adopted Element did not address HCD comments. The City was therefore identified by the State Attorney General's Office as a non-compliant city, potentially subject to litigation. The City retained VTA in July 2019 to revise the Housing Element and pursue certification. VTA worked in an expedited manner and was able to achieve compliance status for the City on November 14, 2019. As part of the Housing Element amendment, VTA also revised the Zoning Ordinance to address emergency shelters for homeless, density bonus, and create an affordable housing overlay. David Mango, Director of Building and Planning Davd.Mangocctyotmaywood.org Cupertino Housing Element (2014-2022) (323)562-5721 The Cupertino Housing Element was updated with a concurrent update to the City's Land Use Element, seeking to redesignate a number of potential sites for higher intensity residential or mixed use development. The update process involved an extensive community outreach process that included more than 20 community meetings and public hearings. The need to rezone and upzone properties was met to vigorous community opposition. A carefully crafted process helped navigate the community through the discussions and ultimately led to an innovative strategy to accommodate the City's Regional Housing Needs Allocation (RHNA) and the certification of the Housing Element by HCD. Piu Ghosh, Principal Planner (760) 777-3308 PluG@cupertino.org Long Beach Housing Element (2013-2021) As one of the largest and most diverse cities in California, Long Beach has extensive housing needs. The Housing Element update must address debates such as geographic distribution, intensity, affordability, new construction VS. preservation, and displacement, gentrification, and tenant protection. An extensive outreach program was conducted to obtain input from community groups, housing advocates, developers, and property owners. VTA worked closely with City staff and HCD to respond to comments from the community. The Final Housing Element contains detailed actions and specific timelines that answer to community demands. Patrick Ure, Housing Operations Officer (562)570-6026 atkUr@egreschgo" 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CA 91105 P(626)304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO City of Bradbury Page 9 Housing Element Update Services N. Project Organization Veronica Tam, AICP Veronica Tam will oversee the preparation of Housing Element for the City of Bradbury. She is a recognized expert in the area of housing policy planning. Throughout her career, she has prepared more than 100 Housing Element updates, including approximately 60 updates during the fifth cycle update (nine updates in San Diego County). She has also taken on some of the most challenging Housing Element updates, including: Cities that were facing litigations - San Clemente and Pomona update process - Escondido, Encinitas, Seaside, and South Gate standards and procedures- - Del Mar and San Marino Cities that have delayed process due to the need to coordinate with the General Plan Cities that have never received HCD certification due to stringent local development Holli Anderson Ms. Anderson joined VTA in 2018 will assist in the preparation of the Housing Element. Since joining VTA, Ms. Anderson has participated in the preparation of Housing Elements for the cities of Marina, Palmdale, and Thousand Oaks. She assisted in the Gateway Cities Housing Needs Assessment, an effort coordinated by the Gateway Cities Council of Governments to assess the housing needs, programs, and policies in the 28-jurisdiction subregion of the Southern California Association of Governments (SCAG). She is currently assisting in the preparation of the San Diego Regional Analysis of Impediments to Fair Housing Choice (AI). Alexis Bueno Correa Ms. Bueno Correa holds a Master degree in Urban and Regional Planning from CalPoly Pomona. Her academic focus was on community change and gentrification. She is familiar with the use of Census and other data to assess demographic changes in a community over time. She is currently assisting in the preparation of the San Diego Regional Analysis of Impediments to Fair Housing Choice (AI). She is also assisting in the preparation of Housing Element for the cities of Culver City and Palmdale. 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 P(626) 304-0440 F(626)304-0005 DocuSign Envelope ID: 9C5792BE33F94FP81ABL-ABEFCBATOgASAACO City of Bradbury Page 10 Housing Element Update Services 2. EcoTierra Consulting EcoTierra Consulting, Inc. (EcoTierra) specializes in providing CEQA/NEPA environmental consulting services to agencies throughout the state of California. We have extensive environmental analysis experience, from the initial project scoping process to responding to public comments and attending hearings. EcoTierra is an S-Corporation environmental consulting firm that specializes solely in environmental analysis and documentation for public and private sector clients. EcoTierra is comprised of ten experienced CEQA/NEPA professionals. The founding Principals, Curtis Zacuto and Craig Fajnor, established the firm nine years ago in July 2010, after previously serving as the Senior Vice Presidents for a noted Southern California CEQA firm. The Founding Principals of the firm have over 60 years of collective experience in CEQA compliance and document preparation. EcoTierra has four office locations in California: Los Angeles, Westlake Village, Riverside, and Walnut Creek. We are a nimble, efficient, and highly cost-effective environmental consulting firm that can handle projects of any size and complexity. Our success is based upon the success of projects and the partnerships that we build with each client. EcoTierra recently completed an Initial Study in support of an Mitigated Negative Declaration for the City of Oceanside for a 12 unit multi-family building (901 Pier View' Way) that involved demolition of a historic property. 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 P(626)304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO City of Bradbury Page 11 Housing Element Update Services V. Cost Proposai Tam Anderson/ Tech VTA $ 180 $ 120 $ 120 Total Bueno 2 20 2 12 20 16 8 8 6 3 12 4 20 6 Task Task 1: Project Administration Task 1.1: Kick-off Meeting Task 1.2: Project Management Task 2: Housing Element Assessment Task 2.2: Needs Analysis Task 2.3: Sites Analysis Task 2.4: Housing Constraints and Opportunities Task 2.5: Implementation Program Task 3: Community Engagement Task 3.1: SlekehudersCommunty Workshop (1) 2 12 40 16 40 8 16 16 6 24 12 40 4 2 238 $ 600 $ 3,600 $ 1,800 16_$ 8,880 4$ 6,000 7,680 $ 2,400 4$ 3,840 $ 3,000 1,260 $ 5,040 $ 2,160 8,400 $ 1,560 $ 240 $ 15,000 24 $ 71,460 Task 2.1: Evaluation oft the 2013-2021 Housing Element/2019 Midterm Update Planning Commission/City Council Presentations (2) Planning Commission Review of Draft Housing Element (1) Task 4: Facilitation of Review and Approval of HE Amendment Task 4.1: Staff Review Draft Housing Element Task 4.2: Public Review Draft Housing Element Task 4.3: HCD Submittal: and Review Task 4.4: Adoption Public Hearings (2) Task 4.5: Final Housing Element and State Certification Task 5: CEQA Compliance (Optional) ND/MND Total Housing Element 139 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 P(626); 304-0440 F(626)304-0005 DocuSign Envelope ID: 9C57926E-33F9-FS1-ABEF-CBA703A5AACO RESUME VERONICATAM, AICP PRINCIPAL Ms. Tam has expertise in the areas of housing policy development and community development planning. She has over 20 years of experience preparing a range of housing and community development plans and studies for jurisdictions throughout California. RELATED PROJECT EXPERIENCE 6th Cycle Housing Elements Bell Gardens Camarillo Culver City EICajon EISegundo Escondido Avalon Buena Park Chino Corona EIC Cajon Encinitas Consolidated Plans Alhambra Carlsbad Costal Mesa EIC Cajon Glendale Fair Housing Chino Glendale Long Beach Palm Springs Special Studies Glendora Imperial Beach Lal Mesa Los Angeles County Port Hueneme San Clemente Glendora Gonzales Hawthorne Lawndale Lomita Beach Long Glendora Lancaster Long Beach Perris Salinas Studies Pasadena Perris Pomona Salinas San) Diego County Santee Simi Valley Thousand Oaks Vista Walnut Marina Monterey County Pomona Rancho Santal Margarita San Fernando Seaside Santee Santa Clarita Simi Valley Monterey County Orange County Santa Clarita Monterey County San) Diego County Ventura County 5th Cycle Housing Elements (60 Jurisdictions) EDUCATION MA, Urban Planning, University of California, Los Angeles (337 Charles E Young DrE E, Los Angeles, CA 90095) BES, Urban and Regional Planning (Economics Minor), University of Waterloo, Canada (200 University. Ave W, Waterloo, ONI N2L 3G1, Canada) PROFESSIONAL AFFILIATIONS American Institute of Certified Planners American Planning Association AWARDS 2016A APACA Award of Excellence Opportunity and Empowerment: 2014-2015! Salinas Housing Initiatives 2016 Northern Section, APACA Award of Merit Public Outreach: 2014- 2015 Salinas Housing Initiatives 2016A APACA Award of Merit- - Best Practice: Fresno Mult-Jurisdictional Housing Element 2016 Central Valley Section, APACA Award of Excellence- - Best Practice: Fresno MultiJurisdictional Housing Element 2014A APACA Award of Merit - Hard' Won' Victories: 2013-2021 EI Cajon Housing Element 2014 San Diego Section, APACA Comprehensive Planning, Small Jurisdiction: 2013-2021 EI Cajon Housing Element - County of San Diego Strategic Plan for 3 Element Updates (Housing, Regional Housing Needs Allocation Assistance for the cities of Redondo Safety, and Environmental) Justice) Gateway Cities Council of Governments Beach and South Gate Assessment (GCCOG) Housing Veronica Tam and Associates P( (626) 304-0440 107 S. Fair Oaks Avenue, Suite 212, Pasadena, CA 91105 F (626) 304-0005 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO RESUME ALEXIS BUENO CORREA PLANNER Ms. Bueno Correa holds al Master degree in Urban and Regional Planning with a specialization in community development. Ms. Bueno Correa is familiar with both qualitative and quantitative methods of research. Her academic research was focused on assessing community change and gentrification due to demographic: and housing trends. VERONICA TAM AND ASSOCIATES At VTA, Ms. Bueno Correa contributes to a variety of housing and community development studies as well as environmental clearance requirements for housing-related projects. EDUCATION Masteri inl Urban Planning, 2019 California State Polytechnic University, Pomona (3801 W1 Temple Ave, Pomona, CA91768) Bachelor in Biological Science, 2015 California State University, Fullerton SKILLS Spanish Fluency Database Management ArcGIS 6th Cycle Housing Element Culver City Oceanside Fair Housing Studies Glendale Consolidated Plans Lancaster Special Housing Studies PRIOR EXPERIENCE Beach Imperial Santee Pasadena Long Beach Thousand Oaks San Diego County Monterey County Salinas Gateway Council of Governments Housing Assessment Prior to joining VTA, Ms. Bueno Correa worked for the Municipal Water District of Orange County. Veronica Tam and Associates P(626) 304-0440 107S. Fair Oaks Avenue, Suite 212, Pasadena, CA 91105 F (626) 304-0005 DocuSign Envelope ID: 9C57926E-33F9-4F81-ABEF-CBA703A5AACO RESUME HOLLI ANDERSON PLANNER Ms. Anderson holds a Bachelor degree in Urban Planning with an emphasis in Environmental Planning and Sustainability from California State University, Northridge. She joined VTA in 2018 and has been assisting with the preparation of various housings studies. VERONICA TAM AND ASSOCIATES Ms. Anderson is well versed in using Census, HMDA, and CHAS datasets for housing and demographic analysis. As a planner, Ms. Anderson contributes to the preparation of a variety ofhousing studies and reports: 6th Cycle Housing Element Lal Mesa Glendora Fair Housing Studies Glendale Monterey County Santa Clarita Consolidated Plans and Annual Reports EIC Cajon Palmdale Palm Springs Rancho Cucamonga Thousand Oaks Perris San Diego County Glendale Santa Clarita EDUCATION Bachelor inl Urban Planning, 2018 California State University, Northridge (18111 Nordhoff St, Northridge, CA91330) SKILLS InDesign ArcGIS AutoCAD Camarillo Perris EIC Cajon Glendora Special Housing Studies PRIOR EXPERIENCE Gateway Council of Governments Housing Assessment Prior to joining VTA, Ms. Anderson worked at Habitat for Humanity/Homes 4 Families, which develops affordable housing communities for veterans. Ms. Anderson worked directly with client families in assessing their needs and eligibility for services. Veronica Tam and Associates P(626) 304-0440 107 S. Fair Oaks Avenue, Suite 212, Pasadena, CA 91105 F (626) 304-0005 37 Elizabeth Bruny, Mayor (District5s) Bruce Lathrop, Mayor Pro Tem (District 4) RichardTal, Jr., CouncifMember (District 1) Monte Lewis, CoumdlembeDistriat. 2) RichardBarakat, CouncifMember (District 3) CIOF BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Kevin Kearney, City Manager Suresh Malkani, Finance Director May 17, 2022 PROPOSED FORECAST OF FISCAL YEAR 2022 - 2023 2. FY2022-2023 Projected Fund Activity by Fund 3. FY2022-2023 Revenue Projections 4. FY2022-2 2023 Expenditure Projections 5. Unreserved General Fund History ATTACHMENTS: 1. FY2022- - 2023 Work Plan SUMMARY The proposed Fiscal Year 2022 - 2023 draft budget is a snap-shot of next year's budget forecast, and it allows the City Council to discuss any priorities in the coming year. The budget determines the City's resource priorities and sets the course for years to come. The City Council does that by linking the most important, highest priority items for This forecast represents the opportunity for the City Council to review the financial picture before final adoption in June. Following this meeting, Staff will complete any necessary This forecast represents the opportunity for City Council to review the financial picture before final adoption in June. Following this meeting, Staff will complete any necessary changes and bring the budget back before the City Council for approval in June. With this report, Staff is seeking direction from the City Council on what measures to take in the City to accomplish over the next year with the necessary resources. changes and bring the budget the Fiscal Year 2022 - 2023 budget. FOR CITY COUNCIL AGENDA 5-17 AGENDA ITEM # a Proposed Budget for Fiscal Year 2022-2023 Page 2 of6 ANALYSIS Linking objectives with necessary resources involves a process that identifies key goals prior to budget preparation, and these goals become priorities for the budget process. The following five key. goals (in no particular order of importance) have. been developed by the City Council: Disaster Preparedness Fiscal Responsibility Capitai improvements Infrastructure mprovements City Beautification DISCUSSION A Snapshot of the Budget FY2022-2023 revenues from the previous year. Revenue projects are based on the trends and forecast reports from the County and State. These estimates are conservative and reflect the expectation of the City's Revenue to the General Fund projected at $1,301,535 and expenditures total is $1,084,101. The City's major General Fund revenue sources are Property Tax, Transfer Tax, Franchise Fees and Fees for Service. It should be noted that the General Fund revenues are subject to changes in economic conditions and can fluctuate significantly. The City is still reeling from a decline in revenues from FY 2020-2021 when the COVID- 19 situation first started. Revenues from Licenses and Permits remains relatively stable as the State and Region continue to lift COVID-19 restrictions. There is not a major expectation that construction activity revenue streams will continue to significantly increase until after the pandemic further subsides. Below is a summary for the upcoming Fiscal Year: Projected General Fund Revenue = Projected Difference Projected Fund Balance = Projected General Fund Reserves = Projected Infrastructure Reserves = Projected Contingency = Projected General Fund Liability = Unreserved General Fund Balance = $1,301,535 $217,434 $5,057,305 $1,200,000 $ 200,000 $ 5,000 $ 25,000 $3,627,305 Projected General Fund Expenditures= $1,084,101 Proposed Budget for Fiscal Year 2022- - 2023 Page 3 of6 SignlficantProjects: Compleledney201.22 Policies, Ordinances, Projects, and Accomplishments A wide variety of policies, ordinances, and projects were completed throughout the year. These include: Renewed the CSO Program Hired a New Building Official Hired a New Finance Director Adopted an Updated Building Code Updated the Film Policy and Ordinance Continued the 6th Cycle Housing Element Update Continuance of Routine Performance Evaluations Repainted the Inside and Outside of the Civic Center Successfully Redistricted the City's Council Boundaries Secured a $176,000 Grant for a Trail on Lemon Avenue Initiated Annexation of a portion of Royal Oaks Drive North Awarded Bid and Commenced Citywide Public Tree Trimming Drafted Ordinance Implementing SB9 into the Development Code Initiated the Bradbury Road/Widrose Avenue Street Widening Project Worked with CalAmerican Water to Increase Pressure in Areas of the City Started Planning for Bradbury Night Out and Volunteer Appreciation Event Creatively Expended COVID-19 Funds from the American Rescue Plan Act Facilitated Conversation with CalAmerican Water on Lemon Ave. Reservoir Attained Exemption from SB1383 Organics Recycling for Residential Maintained Planning Operations while the City Planner was Out on Medical Properties Leave for 6-Months Community Wildfire Protection Plan Finalization The Community Wildfire Protection Plan (CWPP) had been a City Council priority for a number of years. After the City received grant funding to create the plan in 2019, the goal was to complete the document within a year or two. That initial timeline was disrupted when the COVID-19 pandemic hit, but City Staff had still been working toward its finalization. Since commencing the plan, there had been numerous public outreach meetings with the community and multiple stakeholders were consulted in formulating the plan. These stakeholders included the Los Angeles County Fire Department, Angeles National Forest, Los Angeles County Sheriffs Department, Los Angeles County Public Works, and the City's Public Safety Committee. The CWPP caters specifically to Bradbury and identifies areas for hazardous fuel-reduction treatments and recommends measures that homeowners can take to reduce ignitability ofs structures throughout the community area. The Plan also includes various maps that illustrate the' Very High Fire Hazard Severity Zones, evacuation plans, fire hydrant locations, fire behavior modeling results and more. Overall, the CWPP established connections with stakeholders in the surrounding areas, provided recommendations for homeowners and the Proposed Budget for Fiscal Year 2022-2023 Page 4 of6 Cly-andwl.continuetobeusadioimgeasesey/loughcommunlyprojectis, The City Council formally adopted the CWPP at their March 15, 2022 meeting. The Public Safety Committee, which acts in an advisory capacity in relation to law enforcement priorities, crime prevention and control, animal control, and emergency preparedness, was very active during this year. Two committee members became amateur Ham Radio Technicians and went through a basic training with a local Ham Radio instructor. The Committee purchased supplies, food, and water to ensure available resources in an emergency. Additionally, the committee played a large role in the development of the Community Wildfire Protection Plan through r multiple reviews and feedback processes. The CWPP was approved by the committee in order to move forward in the adoption process. Through the COVID-19 pandemic, City Hall continued to be staffed and policies, and grant programs. Public Safety Committee COVID-19 Operations maintained regular programs and services. New Items for Consideration inFY 2022-2023 Recommended New Items Utilizing Restricted Funds: Currently in Budget COPS/SLESF Funds - $55,000 (Restricted Funds) The City receives $100,000 in Citizens' Option for Public Safety (COPS) / Supplemental Law Enforcement Services Fund (SLESF) funding from the State for additional local law enforcement purposes each Fiscal Year. The City currently has a $352,400 surplus from previous years and will add another $100,000 in FY 22/23. This past year, the City utilized funding for a contracted Monrovia CSO, administrative supplies (such as tickets and equipment). Extra Sheriff's Department spot-patrol in Bradbury has been utilized in the past but has been placed on hold recently. As such, Staff is recommending the following for this upcoming fiscal year: $53,500 Monrovia CSO $ $ 1,500 Supplies $5 55,000 TOTAL The City of Monrovia has recently notified Bradbury that they have a budget proposal being presented to their Monrovia City Council to expand the CSO program to include another full-time CSO (part-time in Monrovia and part-time in Bradbury). Further details with be shared with the Bradbury City Council, which will include costs, after there have Proposed Budget for Fiscal Year 2022-2 2023 Page 5 of6 been_approvals. by the Monrovia City_ Conmalamdomalhe-oniachewemnhoindie:. has been amended and finalized. Recommended New Items Utilizing General Funds: Currently in Budget Los Angeles Sheriffs Department Contract Increase - $1,064 The Sheriff's Department has notified the City that their contracting cost model will overall increase by 1.43%. Significant budget curtailments and overtime mitigation have contributed to the rate increase. The liability surcharge on LASD services will remain at 11%. The contract between Bradbury and LASD accounts for 730 annual scheduled hours within the City. City Attorney Retainer & Rates Increase The City Attorney's monthly retainer is increasing from $2,650 to $2,900. Hourly billing for general services exceeding the retainer's 12 hours is increasing from $250 to $275, and from $325 to $355 for services reimbursed by a third party. All three increases are under 11%, which is less than the cost-of-living increases during the three-year time period. These are the first increases since FY: 2019/20. RKA Engineering is proposing a 5% increase in their services. The City currently contracts with them on an hourly basis for work performed, and rates have not been increased since contract inception in 2008. The following are the current and City Engineering Rates Increase the proposed hourly rates: Labor Category Project Principal/City Engineer Engineering/CADD Technician Public Works Inspector Clencal/Adminstrative 2021/22 2022/23 $147 $65 $84 $42 $160 $85 $90 $65 COLA. Adjustments of 8.5% for Staff-$ $18,000 The following are COLA increases for Staff, which includes the positions of City Clerk and Management Analyst. Consumer Price Index (CPI) Increases are from the U.S. Bureau of Labor Statistics for the surrounding area and is the same benchmark figure used continually each year. The total CPI costs of $18,000 includes the changes to both salary and accompanying benefits. Bradbury Night Out & Volunteer. Appreciation Events - $14,000 Bradbury Night Out (BNO) has been added back into the budget after haven been removed the last two years because of COVID-19 restrictions. BNO is budgeted at $10,000 with the volunteer appreciation event budgeted at $4,000. Prices for most things have increased over the last few years, which is why this amount is higher than previous years. The amounts are rough estimates since authorization to hold these events were just approved by the City Council a month ago. Proposed Budget for Fiscal Year 2022-2023 Page 6 of6 RepaceAgmgCpsime.00 Replacing City street signage is a City Council priority. This amount allows Staff to start work on the program. This item will eventually be brought back to the City Council at a later time for further discussion and direction. Other Notable Items For the 12 City Hall closure days, Staff recommends the following days to be designated: Tuesday, July 5, 2022; Friday, August 5, 2022; Friday, September 2, 2022; Monday, October 31, 2022; Friday, November 24, 2022; Tuesday, December 27, 2022; Wednesday, December 28, 2022; Thursday, December 29, 2022; Friday, December 30, 2022; Friday, April 7, 2023; Friday, May 5, 2023; Friday, June 2, 2023. STAFF RECOMMENDATION Staff recommends that the City Council review the proposed draft budget forecast and provide Staff with input and direction to prepare the draft budget. Once direction is received, Staff will bring the finalized budget for adoption during the June City Council meeting. ATTACHMENT #1 2022- 2023 Work Plan City Council Priorities Disaster Preparedness Fiscal Responsibility Capital Improvements Infrastructure Improvements City Beautification Blue = Staff Proposed Red = Completed Last FY Disaster Preparedness 4-CompleleaCommunywasiePolestionPanCwPP) 2. Host One Community Preparedness Education Event 3. Obtain Status as a Firewise Community, USA 4. Explore Continue Increasing Disaster Communications 5. Continue Evaluating & Increasing Disaster Supplies 1. Continue to Work with the Community on Fiscal Stability 1. Start Complete Road Widening at Wildrose Avenue 2. Complete Lemon Avenue Trail Project 3. Replace Aging City Signage 4. Gommence Continue Street Tree Trimming Program 5. Gomplete Explore Curb Improvements on Royal Oaks Drive North Fiscal Responsibility Capital Improvements Infrastructure improvements City Beautification 1. Continue to Improve City Trails & Medians with Drought Tolerant Landscaping Miscellaneous Community Improvement 1. Continue Work toward Updating the City's Development Code 2. Explore the Most Effective Policing Solution to Increase the Feeling of Safety 3. Work Regionally and with Neighboring Cities on the MS4 Permit 4. Improve Communications with the Community 5. Complete the State Mandated Housing Element Update within Bradbury FOR CITY COUNCIL AGENDA AGENDA ITEM # ATTACHMENT #2 ATTACHMENT #3 TI 3 NIN 9 2 00 3 of 4 s 3 se o 2 A f gg ge 5 9 88 88 ATTACHMENT #4 N f 0 3 of 0 of ) 5 of 0 9 9 0 ATTACHMENT - #5 & 5 D a T y L n I JULY 26 CITY30 BRADBURY Elizabeth Bruny, Mayor (District5) Bruce Lathrop, Mayor Pro Tem (District 4) Richard Barakat, Council Member (District. 3) DickHale, Councils Member (District 1) Montgomery. Lewis, Councif9Member (District 2) City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Sophia Musa, Management Analyst May 17, 2022 DISCUSSION ON THE PREFERRED DISTRIBUTION METHOD OF AGENDA PACKETS SUMMARY This item prompts a discussion on the preferred distribution method of City Council agenda packets and the Planning Commission agenda packets. The average City Council agenda packet is around 100 pages. Although it is difficult to determine actual costs, an example is based off Fed-Ex pricing, which would charge approximately $1051 to print one agenda packet per person per meeting. Additionally, due to the SB 1383 provisions, the City also switched to purchasing recycled paper which increased the cost of paper by 30%. Lastly, the price of one black toner cartridge is around $200 and the price of three color toner cartridges is more than $1500. The City replaces toner cartridges every month or so, spending over $1000 per month. An alternate and potentially more long-term cost- effective option would bei to purchase tablets, for an approximate price of $400 per device, Staff would like to know if any councimember prefers the alternate option to reduce the cost of printing agenda packets. Additionally, if a councilmember prefers to continue receiving physical City Council agenda packets, staff would like to know if they would like to continue receiving physical copies of the Planning Commission agenda as well. Ifnot, City staff can routinely send out the links to each agenda every Friday before a meeting. for any City councilmember to view agendas digitally. FOR CITY COUNCIL AGENDA 5-17 AGENDA ITEM # 3 JULY26. Elizabeth Bruny, Mayor (District. 5) Bruce Lathrop, MayorPro-Tem (District 4) RichardBarakat, CouncilMember (District. 3) DickHale, CouncilMember (District1) . Montgomery Lewis, Council9Member (District. 2) BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: SUMMARY Honorable Mayor and Members of the City Council Claudia Saldana, City Clerk May 17, 2022 EXTENSION OF CITY MANAGER EMPLOYMENT AGREEMENT The City entered into an Employment Agreement with City Manager Kevin Kearney on April 18, 2017. The Agreement was in force and effect until April 30, 2022. It is recommended that the City Council approve an Extension of the City Manager Employment Agreement (Amendment No. 1) for the next five (5) years with the same terms and conditions other than the annual salary. BACKGROUND City Manager Kevin Kearney started his employment with the City of Bradbury on May 1, 2017. Kevin's five-year Employment Agreement expired on. April 30, 2022. The City Council met in Closed Session at their regular meeting on April 19, 2022 and again at a Special Meeting on May 3, 2022 to discuss the terms of the Extension of the Employment Agreement, which shall remain in effect until April 20, 2027. FINANCIAL REVIEW Per Amendment No. 1 of the Employment Agreement, the City Manager shall receive an annual salary of $150,000.00. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Copies of this report are available at City Hall. FOR CITY COUNCIL AGENDA AGENDA ITEM # Extension of City Manager Employment Agreement May 17, 2022 Page 2of2 STAFF RECOMMENDATION Itis recommended that the City Council approve an Extension of the City Manager Employment Agreement (Amendment No. 1) for the next five (5) years with the same terms and conditions other than the annual salary. Attachments (2): A. Extension of City Manager Employment Agreement (2022) B. City Manager Employment Agreement (2017) EXTENSION OF CITY MANAGER EMPLOYMENT AGREEMENT TisAmedmENO.ICAmedmet)iothe. EmpoymemtAgrement ("Agreement"). between the CITY OF BRADBURY, California, a Municipal Corporation, hereinafter called the "City," and Kevin Kearney, hereinafter called Employee" is made as oft the 1st day ofMay, 2022, at] Bradbury California. RECITALS A. Employee has served the City as City Manager since May 1,2 2017; and B. City and Employee desire to continue the relationship for the next five years on the same terms and conditions. NOWTHEREFORE, the parties hereto hereby agree as follows: This "Amendment" modifies the Agreement between City and Employee dated April 18, Section 3, Term, is hereby amended to provide that the. Agreement shall remain in force Section 4, Salary, the first sentence is hereby amended to read: "City shall pay Employee for the performance ofl Employee's duties as City Manager under this Agreement an annual salary of$150,000.00, payable monthly, less customary and legally required Except as expressly modified by the terms hereof, the. Agreement remains in full force 2017, in the following particular only: and effect until April 30, 2027. payroll deductions." and effect. Dated: May 17, 2022 EMPLOYEE CITY OF BRADBURY Kevin Kearney ATTEST: Elizabeth Bruny Mayor APPROVED AS TOF FORM: Claudia Saldana City Clerk Cary S. Reisman City Attorney 1- EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered this 18h day April, 2017, by and between the CITY OF BRADBURY, California, al Municipal Corporation, hereinafter called the "City," and Kevin Kearney, hereinafter called' "Employee." RECITALS A. City desires to employ the services of] Employee int the position of City Manager, and Employee desires employment as City Manager of the City; B. The City Council desires to: (1) Employ the services of Employee. (2) Encourage the highest standards of fidelity and public service on (3) Provide aj just means for terminating Employee'se employment and the part of Employee. this Agreement if City desires to do so; and C. The parties further desire to establish the Employee's € conditions of NOW,THEREPORE, in consideration of the mutual covenants hereinafter 1. Duties. The City) Manager shall be the chief executive officer ofthe City. employment; contained the parties agree as follows: As such, the City Manager shall have the responsibility for implementing City Council policy, whereas the City Council shall retain the responsibility for formulating and adopting said policy. City hereby employs Employee as City Manager of City to perform the functions and duties of City Manager as specified in City's Municipal Code, consistent with State and Federal law, and toj perform such other legally permissible and proper duties and functions as the City Council may from time to time assign to Employee. Employee agrees to devote Employee's full time and effort to the performance oft this Agreement and to remain in the exclusive employ of City and not to become otherwise employed while this Agreement is in effect without the prior written approval of the City Council. 2. Hours of Work. Employee shall maintain a regular work schedule consistent with that approved by the City Council for other employees of the City. Employee's duties may involve expenditures of time in excess of eight (8) hours per day and/or forty (40) hours per week, and may also include time outside: normal office hours such as attendance at City Council and Planning Commission meetings. Employee shall not be entitled to additional compensation for such time. 3. Term. This Agreement shall be effective May 1, 2017, and will remain in force and effect until April 30, 2022 unless terminated as provided herein. 73691,4 4. Salary. City shall pay) Employee for the performance ofl Employee's duties-as CiyMamagerumdertasAgrcemetamamual salaryofs102,500.00,ayable-monthy, less customary and legally required payroll deductions. Salary and/or benefit adjustments shall be considered by the City Council annually in conjunction with Employee' 's annual performance evaluation pursuant toj paragraph 10 ofthis Agreement. City shall not, at any time during the term oft this Agreement, reduce Employee's: salary or benefits unless such reduction is imposed across-the-board for all employees ofthe City. 5. Retirement. City shall contribute the Employer's and Employee's portion of cost of membership in the Public Employees Retirement System (PERS) 2%a at 60 during the term ofthis Agreement and agrees to report thel Employee's portion tol PERS as salary for purposes of calculating retirement benefits ifrequired to do sO by the PERS system's regulations. 6. Medical, Dental, Vision. Disability and Life Insurance. Subject to the limits applicable to other members of the management group, City shall pay the monthly premiums for medical, dental and vision insurance for Employee and Employee's dependents in an amount sufficient to cover the plan offered by the City. City shall also provide death and disability life insurance, short term disability and PERS level II survivor benefits in amounts equivalent to those provided tol Employee's; predecessor. 7. General Expenses and Business Equipment. City recognizes that certain expenses ofar non-personal and job-related nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are authorized by the City budget, submitted to the City Council for approval, and which are supported by expense receipts, statements or personal affidavits, and audit thereofi in like manner as other demands against the City. City will provide Employee with a monthly cell phone allowance ini the amount of $75.00 per month, and will reimburse Employee for use of his private automobile at1 the IRS established rate. 8. Official and Professional Development Expenses. City shall pay reasonable sums forj professional dues and subscriptions for Employee necessary ini thej judgment oft the City Council for Employee's 's continued participation in associations and organizations, which memberships are necessary and desirable for the continued professional development of Employee and for the good oft the City, such as the League ofCaliforia Cities and the International City/County Management Association. Notwithstanding the foregoing, the City Council shall have discretion to establish appropriate amounts, in the annual City budget or otherwise, for official and professional development expenses and travel costs. 9. Performance! Evaluation. The City Council shall review and evaluate Employee's performance at least once annually. The City Council and Employee shall annually develop mutually agreeable performance goals and criteria which the City Council shall use in reviewing Employee' sj performance in the following year. It shall be Employeesreponsibliy toi initiate this review each year. Employee will be afforded an adequate opportunity to discuss each evaluation with the City Council. -2- 10. Indemnification. City shall defend, hold harmless and indemnify aypiwyaatant--4yVwim--as. course and scope of] Employee's employment to the extent required by Government Code Sections 825 and 995. City shall reimburse Employee for the cost ofany fidelity or other bonds required of Employee ini the performance ofl his duties as City Manager. 11. City) Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term ofthis Agreement shall be furnished to and become the property of the City, without restriction or limitation ont their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance ofthis Agreement shall be held confidential by Employee. Such materials shall not, without the prior written consent ofthe City Council, be used by Employee for any purposes other than the performance ofhis duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law. 12. Reimbursement to City Required. Notwithstanding anything contained herein to the contrary, the following provisions requiring reimbursement for certain compensation and/or indemnification provided to Employee by the City apply: (a)PaidLeave. Pursuant to Government Code section 53243, in the event that Employee is convicted ofa a crime involving the abuse ofhis office or position, as defined by Government Code section 53243.4, with the City, any paid leave salary provided by the City for the time period during which the Employee is underinvestigation for such crimes shall bei fully reimbursed by Employee to the City. (b)Legal Defense. Pursuant to Government Code section 53243.1, in the event that Employee is convicted ofa a crime involving abuse of his office or position, as defined by Government Code section 53243.4, Employee shall fully reimburse the City for all the costs of his legal criminal defense. (c)s Severance. Pursuant to Government Code section 53243.2, int the event that Employee is convicted of a crime involving abuse ofh his office or position, as defined by Government Code: section 53243.4, Employee shall fully reimburse the City for any cash settlement, including but not limited to severance pay, paid to Employee related tol his termination under this Agreement. 13. Other Terms and Conditions of Employment. (A) The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions ofthis Agreement, the Municipal Code, or other applicable law. -3- (B) The provisions oft the City's Personnel Rules and Regulations ("Rules") shalapplytoEmployee: eyAerss: position of City Manager, and unless the specific provisions oft this Agreement conflict with the Rules. In such case, the terms ofthis Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, no provision oft the Rules or this. Agreement shall confer upon Employee aj property right in Employee's 's employment or ai right to be discharged only upon cause during Employee's tenure as City Manager. At such times as. Employee is serving as City Manager, Employee is an at-will employee serving at the pleasure of the Council and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement. (C) Employee shall be entitled to 801 hours of vacation leave with pay per year. Commencing with the fourth year of employment, Employee shall be entitled to a total of120 hours of vacation leave with pay per year. The initial vacation leave may not be utilized until Employee has been employed by the City for at least six months. The timing of all use of vacation time in excess of two consecutive days shall be approved by the City Council, which shall not unreasonably deny use. Except as expressly provided in this Agreement, vacation accruals shall be governed by the Rules. (D) As recognition oft the fact that Employee is on duty 24 hours a day and 7 days a week, Employee shall receive 401 hours per year for administrative leave. The timing of all use of administrative leave in excess oft two consecutive days shall be approved by the City Council, which shall not unreasonably deny use. Administrative leave not used within one year first Fridays of those months when City Hall is closed, and the week between Christmas and ofan anniversary date of employment shall be forfeited. (D) Employee shall receive twelve additional days off per year, including the New Year's. (E) Upon commencement of employment, Employee shall immediately accrue 961 hours ofs sick leave with pay ("Initial Sick Days") to be used during the term ofhis employment; however, Employee shall not be entitled to payment for any Initial Sick Days remaining upon his separation from the City. Unused Initial Sick Days shall be replaced with regularly accrued sick leave over time as follows: commencing after the first six months of employment, and until such time as the Rules entitle him to a greater amount, Employee shall be entitled to accrue 961 hours ofs sick leave with pay per year, which sick days shall replace the Initial Sick Days on a one-for-one basis. Employee shall forfeit any sick days not utilized by him in any employment year (May to. April) in excess of onel hundred twenty hours. Except as expressly provided in this Agreement, Employee's use and accrual of sick leave shall be governed by the Rules. (F) Employee shall be exempt from paid overtime compensation. (G) Employee shall be entitled to the samej paid holidays provided to other City Hall personnel, pursuant to the Rules. -4- (H) City will provide Employee other benefits on the same terms as such adismpuadmalerapyufadysaammdualhysaaciinl law. 14.G General Provisions. (A) This Agreement constitutes the entire agreement between the parties. City and Employee hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter oft this Agreement. This Agreement may be amended only by a writing signed by Employee, approved by the City Council, and executed on behalf ofthe City. (B) Ifany provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder oft the. Agreement shall be deemed severable and shall not be affected and shall remain in: full force and effect. (C) This Agreement may be terminated by the City with or without notice and with or without cause subject only to the requirements of paragraph 161 below. Notice of termination shall be given tol Employee in writing, either by personal service or by certified mail, postage prepaid, and, ifn mailed, shall be addressed to Employee at the address then shown in City's personnel records. For the purpose of determining compliance with any time limit stated int this Agreement, ai notice shall be deemed to have duly given (a) on the date ofd delivery, if served personally on the party to whom notice ist to be given, or (b) on the second (2nd) calendar day after mailing, ift mailed in the manner provided int this section to the party to whom notice is to be given. Notwithstanding the forgoing, this. Agreement shall automatically terminate on the death or permanent disability of Employee. (D) Employee shall provide at least thirty (30) calendar days' notice to City before the effective date of any resignation from his employment with the City. Upon any such resignation, Employee shall be entitled to accrued salary, vacation pay and earned accumulated sick leave (up to 120 hours), but not to any Severance Benefit as described in section 151 hereof. Agreement, the prevailing party int that action shall be entitled to reasonable and actual attorneys' (D) If an action at law or in equity is necessary to enforce or interpret this fees and costs with respect to the prosecution oI defense oft the action. (E) A waiver of any oft the terms and conditions oft this Agreement shall not be construed as a general waiver by the City and the City shall be free to enforce any term or condition oft this Agreement with or without notice tol Employee notwithstanding any prior waiver of that term or condition. writing and signed by both Parties. (F) Any modification oft this Agreement will be effective only ifitisi in (G) Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws oft the State of California. Venue shall be in Los Angeles -5- County, California. (H) No) Presumption ofDrafter. The Parties acknowledge and agree that the terms and provisions oft this Agreement have been negotiated and discussed between the Parties, and this Agreement: reflects their mutual agreement regarding the subject matter oft this Agreement. Because oft the nature ofs such: negotiations and discussions, it would be inappropriate to deem any. Party to be the drafter oft this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable ini interpreting or enforcing this Agreement. (I) Each Party to this Agreement warrants to the other that it has either had the assistance of counsel in negotiation for, and preparation of, this Agreement, or could have had such assistance and voluntarily declined to obtain such assistance. 16. Severance. Ifc City terminates this Agreement without such cause as hereinafter defined, then City shall pay Employee al lump sum severance equal to six months' salary, in the amount in effect at the time the notice oft termination is given. The City shalll have cause to terminate Employee without payment ofs severance under this paragraph 16if Employee engages in any ofthe following conduct: theft or destruction of City property; conviction ofa felony, or of ai misdemeanor adversely reflecting on Employee's fitness to perform assigned duties; unauthorized absence: from employment or abuse ofl leave privileges; reporting for work, or being at work, under thei influence of, ori in the possession of, alcoholic beverages, or non- prescribed "controlled substances" as that term is defined int the federal Comprehensive Drug Abuse Prevention and Control Act of1970 as amended to date (excluding possession or consumption of alcoholic beverages in compliance with the Rules); improper or unauthorized use ofCity funds or City property; acceptance by Employee of any valuable consideration from any person or entity other than the City for the regular performance of] Employee'sd duties; or engaging in harassment prohibited by state or federal law. IN WITNESS WHEREOF the parties have executed this Agreement as ofthe day and year first above written. EMPLOYEE K H g ATTEST: CITY OFBRADBURY Gf4 APPRPVEDASTOPORM: gE Claudin Salhonn CLAUDIA SALDANA, CITY CLERK ATTORNEY 6-