C OF BRADBURY  AGENDA  Regular Meeting of the Bradbury City Council To be held on Tuesday, July 17, 2018 at the Bradbury Civic Center. 600 Winston Avenue, Bradbury, CA 91008 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  ROLLCALL Mayor Barakat, Mayor Pro-Tem Hale, Councilmembers Lewis, Bruny and Lathrop  APPROVAL OF THE AGENDA  Majority vote oft the 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 that 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 nort 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 at a City public meeting. Ify you require special assistance to participate ini this meeting, please call the City Manager's Office at (626) 358-  until such time as the matter may appear on at forthcoming agenda.  Monday through Friday, at (626) 358-3218. 3218 at least 48 hours prior to the scheduled meeting.  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." *  Page 1 of3 CC Agenda071718    A. Minutes Regular City Council Meeting of June 19, 2018 B. - Resolution No. 18-19: Demands and' Warrants for July 2018 D. Monthly Investment Report for the month of. June 2018 International for Initial Consultation Services  C. Resolution No. 18-20: Authorizing Signatures for Accounts in the Name of "City of E. Professional Services Agreement Between the City of Bradbury and Michael Baker F.A Agreement Between the City of Bradbury and Nevis Capital, LLG for the Payment of Fees and Costs Related to Contract Environmental, Planning, Engineering and Legal Services for Initial Consultation on Development of Chadwick Ranch Estates  Bradbury"  2.  Discussion of a Policy Regulating Short-Term Rentals  Short-term rentals are a growing industry with advantages and disadvantages for communities and neighborhoods. As such, Staff has discovered a couple listings of accommodations: in Bradbury, and this raises a number of questions about the City's position regarding the practice. Through this discussion, the City should decide whether short-term Grant Opportunity for a Bradbury Community Wildfire Protection Plan Staff recently received confirmation that the City's proposed Community Wildfire Protection Plan was determined to be an eligible Hazard Mitigation Grant Program (HMGP) activity and invited the City to develop at full sub-application for consideration of HMGP funding. Discussion on Property Maintenance Standards for Construction Projects Pursuant to a recent Councilmember request, this report discusses the City's current property maintenance standards in relation to construction sites and reviews how the Cities  rentals should be left alone, regulated, or restricted.  3.  4.  of San Marino and Beverly Hills address construction site standards. Discussion on Implementation of Property Maintenance Standards Pursuant to a Councimember request, this item initiates a discussion with the Council on their comfortability with enforcing certain property maintenance standards and arranging for water and landscape services for unoccupied residential properties. Consideration of an Ordinance Amending Chapter 3 of Title II of the Bradbury Municipal Code Altering the Sections of Members and Organization Pursuant to a recent Councimember request, this item discusses the proposed Ordinance No. 357, which alters the City's Municipal Code relating to the Planning Commission. The ordinance adds a nepotism regulation and creates a rotation schedule for the Commission. Discussion on the Joint Council & Planning Commission Retreat This item provides the Council with the opportunity to discuss rescheduling the joint Council  5.  6.  7.  and Planning Commission retreat. Matters from the City Manager Matters from the City Attorney  8. 9.  Page 2of3 CC Agenda071718    10. Matters from the City Council  Brief reports of individual Councilmembers activities relating to City business occurring since  the last meeting. Mayor Barakat LA County Sanitation Districts LA County City Selection Committee  San Gabriel Valley Council of Govemnments (SGVCOG) San Gabriel Valley Mosquito & Vector Control District  Foothill Transit Mayor Pro-Tem Hale Councilmember Lewis California JPIA Director of Bradbury Disaster Committee Area "D" Office of Disaster Management Councilmember Bruny Duarte Community Education Council (CEC) Councilmember Lathrop League of California Cities Duarte Education Foundation 11. Items for Future Agendas  ADJOURNMENT  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  CA91008 on Tuesday, August 21, 2018 at 7:00 p.m.  information on each item may be procured from City Hall.  Bradbury City Hall entrance gate on Friday, July 13, 2018, at 5:00p.m."  Claudin Ballona CITY CLERK-CITY OF BRADBURY  Page 3of3 CC Agenda071718    MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, JUNE 19, 2018  MEETING CALLED TO ORDER:  The Regular Meeting of the City Council oft the City of Bradbury was called to order by Mayor Lathrop at 7:00 p.m. Mayor PRESENT: Mayor Lathrop, Councilmembers Barakat, Hale STAFF: City Manager Kearney, City Attorney Reisman, City Clerk Saldana and Management Analyst Santos Leon City Clerk Saldana administered the Oath of Office to newly elected City Councilmember Elizabeth Bruny. Councimember Hale nominated Councilmember Barakat for the position of Mayor. Councilmember Lewis seconded the nomination. There were no further nominations. All ayes. Mayor Barakat nominated Councimember Hale for the position of Mayor Pro-Tem. Councimember Lewis seconded the nomination. There were no further nominations. All ayes. Mayor Barakat, Mayor Pro-Tem Hale, Councilmembers Lewis, The Mayor and City Council approved the agenda to proceed 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 agenda Councilmember Lathrop stated that he has to abstain from the Appointment of Representative and Alternate to the San  Lathrop led the Pledge of Allegiance.  ROLLCALL:  and Lewis  OATH OF OFFICE: APPOINTMENT OF MAYOR:  APPOINTMENT OF MAYOR PRO-TEM:  NEW ROLL CALL: APPROVAL OF AGENDA:  Bruny and Lathrop with City business.  DISCLOSURE OF ITEMS REQUIRED BY GOV.CODE SECTION 1090 & 81000  ETSEQ,:  items.  Gabriel Valley COG. None  PUBLIC COMMENT: PRESENTATION TO CITY CLERK: CONSENT CALENDAR:  Councilmember Barakat presented a plaque to City Clerk Saldana for 30 years of service to the City of Bradbury. All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless a 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."  Minutes CC Meeting June 19, 2018 Page 1of9    A. Minutes- -F Regular City Council Meeting ofl May 15,2 2018 B. Minutes- Special City Council Meeting ofl May 22, 2018 C. Resolution No. 18-13: Demands & Warrantsi for June 2018 D. Resolution No. 18-14: Demands & Warrantsi for July 1,2018 Monthly Investment Reportf for ther month of May 2018 F. Agreement for Cost Sharing with Gateway Cities Council of Governments fort the Installation of Monitoring Equipment and Monitoring pursuant tot the Harbor Toxic Pollutants TMDL G. Resolution No. 18-15: Approval of Gann Appropriation Limitf for Councilmember Lewis made a motion to approve the Consent Calendar as presented. Councilmember Bruny abstained from the approval of the May 15th and 22nd Minutes. Councimember Lathrop seconded the motion, which was carried by the AYES: Mayor Barakat, Mayor Pro-Tem Hale, Councilmembers Barakat, Hale, Lewis, Bruny and Lathrop  FY2018-19  MOTION TO APPROVE CONSENT CALENDAR:  following roll call vote: NOES: None ABSTAIN: None Motion passed 5:0  APPROVED:  DISCUSSION = PLACEMENT OF AUTOMATED LICENSE PLATE READER ON MOUNT OLIVE DRIVE:  City Manager Kearney stated that the City of Duarte recently approached Bradbury regarding the possibility ofj jointly funding either one or two Automated License Plate Readers on Mount City Manager Kearney stated that Automated License Plate Readers (ALPRS) are high-speed, computer-controled camera systems. ALPRS automatically capture license plate numbers that come into view, along with the location, date and time. Information collected can be used by law enforcement to find out where a plate has been in the past, to determine whether a vehicle may be at a scene of a crime, to identify travel patterns, etc. This type of information could be beneficial to law enforcement when crimes occur in the Mount Olive area. The purchase and physical maintenance of the ALPRS would be done by the cities of Bradbury and Duarte under the LA County Sheriff's master contract with an LASD vendor. Cost for the purchase of one ALRP would be around $15,000 per camera. To transfer the data between the camera and LASD's central server would be about $40 per month for a cellular communication line. These costs do not include installation, which will be dependent on final placement of the camera(s). Installation would entail running power to the camera(s) and potentially building a foundation for the camera(s) to be placed. Itis expected that installation costs would amount between Itisr recommended that the City Council review this report and provide direction on how staff should proceed. Should there be interest in an ALPR, the City Council may decide to approve the expenditure for either one or two of the cameras now, or elect to hold a community meeting to solicit feedback from  Olive Drive.  FINANCIAL IMPACT:  $1,000 and $5,000.  RECOMMENDTION:  residents.  Minutes CC Meeting June 19, 2018 Page 2 of9    DISCUSSION:  Margaret Finlay, Duarte City Council Member, and Brian Villalobos, Duarte Public Safety Director, spoke in favor of installing the cameras on Mount Olive Drive. Councimember Bruny inquired when the City of Duarte is going to discuss this matter. Brian Villalobos stated that the City of Duarte is already on board. Mayor Barakat opened up the discussion for public comment. Douglas Rader, 610 Fairlee Avenue, had major concerns regarding privacy and did not want his comings and goings Sgt. Gaw with the LA County Sheriff's Department stated that the data received from the camera is not subject to public Barbara Cheng, Duarte Mesa, was in favor of the cameras. Gale Banks, 157 Sawpit Road, stated that 30 years ago his friend Mickey Thompson and his wife were killed near Mount Olive Drive and that he in favor of installing ALPRS. Councimember Lathrop stated that ALPRS are all over the place these days and they benefit law enforcement tremendously. Privacy has "gone out the window" a long time Councimember Lathrop inquired ifl LASD could store the data 2 years instead of 5 years. Sgt. Gaw replied that 5 years is the standard time, sO the answer will most likely be no. Councimember Hale made a motion to approve the placement of two Automated License Plate readers on Mount Olive Drive, subject to the City of Duarte sharing the cost. Councimember Lathrop seconded the motion, which was carried by the AYES: Mayor Barakat, Pro-Tem Hale, Councilmembers Lewis,  PUBLIC COMMENT:  recorded for the next five years.  records request.  MORE DISCUSSION:  ago.  MOTION:  following roll call vote: Bruny and Lathrop NOES: None ABSTAIN: None Motion passed 5:0  APPROVED:  FISCAL YEAR 2018-2019 ANNUAL RATE. ADJUSTMENT FOR SOLID' WASTE COLLECTION AND RECYCLING:  City Manager Kearney stated that the City of Bradbury contracts with Burrtec' Waste Services for solid waste collection and recycling. Pursuant to Section 10.10. of the Franchise Agreement, "each subsequent July 1 (after July 1, 1999) the rate for each category of service shall be subject to upward or downward adjustment. Customer rates are comprised of the following categories: contractor service cost, disposal cost, recycling processing, green waste processing cost and manure Itis recommended that the City Council approve the refuse  waste processing cost."  Minutes CC Meeting June 19, 2018 Page 3 of9    collection and recycling rates to become effective July 1, 2018. Steven Branch (filling in for Richard Nino) of Burrtec Waste Services walked the Council through a power point presentation regarding the different components: Residential Barrel Components Refuse Bin Components Recycling Bin Components Manure Bin Components Greenwaste Bin Components Roll-Off Rate Components  POWER POINT PRESENTATION:  DISCUSSION:  Councimember Lathrop inquired why barrel containers always go up more than bins. Mr. Branch replied that barrels always fill City Manager Kearney stated that Bradbury residents appear to be quite satisfied with Burrtec's services and City Hall has received very few complaints about trash service. Mayor Barakat stated that $5 per week to have your garbage picked up seem pretty reasonable. Mayor Barakat inquired if staff could conduct a trash survey to compare rates with other cities. City Manager Kearney stated such surveys are expensive and require a lot of staff time because trash rates are very complicated and because it's like Councilmember Hale made a motion to approve the annual rate adjustment for Solid Waste Collection and Recycling as presented in the charts, effective July 1, 2018. Councimember Lathrop seconded the motion, which was carried by the AYES: Mayor Barakat, Pro-Tem Hale, Councilmembers Lewis,  up and containers don't.  TRASH SURVEY:  comparing apples and oranges.  MOTION:  following roll call vote: Bruny and Lathrop NOES: None ABSTAIN: None Motion passed 5:0  APPROVED:  PROPOSED BUDGET FOR FISCAL YEAR 2018-2019 AND CITIZENS' OPTION FORI PUBLIC SAFETY (COPS) FUNDS:  At the May meeting the City Council reviewed the budget forecast for Fiscal Year 2018-2019 and directed staff to make Itis recommended that the City Council adopt Resolution No. 18-16 approving the City of Bradbury's Annual Budget for Fiscal Year 2018-2019 and Resolution No. 18-17 approving the expenditure plan for grant fund pursuant to the Citizens' Option for Public Safety (COPS/Supplemental Law Enforcement  ALLOCATING THE CITY OF BRADBURY'S some changes for the final document.  Services Fund).  Minutes CC Meeting June 19, 2018 Page 4 of9    MOTION:  Councilmember Lewis made a motion to adopt Resolution No. 18-16 approving the City of Bradbury's Annual Budget for Fiscal Year 2018-2019 and Resolution No. 18-17 approving the expenditure plan for grant fund pursuant to the Citizens' Option for Public Safety COPS/Supplemental Law Enforcement Services Fund). Mayor Pro-Tem Hale seconded the motion, which was carried by the following roll call vote: AYES: Mayor Barakat, Pro-Tem Hale, Councilmembers Lewis,  Bruny and Lathrop NOES: None ABSTAIN: None Motion passed 5:0  APPROVED:  COMMUNITY SUPPORT FUNDS:  City Manager Kearney stated that the Fiscal Year 2017-2018 budget includes $3,000 in Community Support funds, which serve as a one-time donation to a charity. The funds for this Itis recommended that the City Council direct staff on how to expend the budgeted $3,000, which has been set aside for a Councimember Lathrop suggested to do the same as last year. City Manager Kearney stated that last fiscal year the funds Mayor Barakat stated that he would like to include the Friends in Deed (EPAC of Pasadena), which is a well known Homeless The City Council decided to donate $1,000 a piece to:  fiscal year have not yet been spent.  charitable donation.  DISCUSSION:  were earmarked to support "rapid housing." Shelter in the San Gabriel Valley. Friends in Deed Foothill Unity Center Union Station Homeless Services  MOTION:  Councimember Hale made a motion to spend the Community Support funds for Fiscal Year 2017-2018 as follows: $1,000 for Friends in Deed, $1,000 for Foothill Unity Center, and $1,000 for Union Station Homeless Services. Councilmember Bruny seconded the motion, which was carried by the following roll AYES: Mayor Barakat, Pro-Tem Hale, Councilmembers Lewis,  call vote: Bruny and Lathrop NOES: None ABSTAIN: None Motion passed 5:0  APPROVED:  REQUEST TO REMOVE CURRENT PLANNING COMMISSIONER OF DISTRICT FIVE:  City Manager Kearney stated that Councilmember Bruny has submitted a formal request to the City to remove the current Planning Commissioner of District 5 and appoint Christopher Bruny as the new Commissioner for the District.  Minutes CC Meeting June 19,2018 Page 5 of9    The current Planning Commissioner for District Five is Karen Dunst and she was appointed in June 2007 by then Councilmember Brian Guthrie. Commissioner Dunst's current Itis recommended that the City Council direct staff on how to Pursuant to Bradbury Municipal Code (BMC) Section 2.04.270 "Any member of the Planning Commission shall be subject to removal at any time, with or without cause, by motion of the City Council adopted by at least three affirmative votes." City Manager Kearney stated that once a Planning Commissioner is removed, a new Commissioner can be appointed with at least three affirmative votes. City Attorney Reisman stated that if there is a vacancy on the Planning Commission it has to be advertised and a 20-day notice must be given before a new Planning Commissioner can be appointed by the City Council. City Manager Kearney informed the City Council that Karen Dunst did not resign and therefore no vacancy exists on the Planning Commission at this Councilmember Bruny made a motion to remove Karen Dunst, the current Planning Commissioner of District 5, from the Planning Commission. Mayor Pro-Tem Hale seconded the Councimembers Lathrop and Lewis inquired why Councilmember Bruny wishes to remove Karen Dunst from the Planning Commission. Commissioner Dunst has volunteered her time for years, sO why not let heri finish her term? Mayor Pro-Tem Hale stated that we (the City). need to move things along and that because of Commissioner Dunst we have Commissioner Bruny stated that she is familiar with the failed Councimember Lathrop stated that it is not fair to put the entire disfunction of the Planning Commission on one Commissioner. Mayor Barakat stated that we are trying to reschedule the retreat. Currently there is no clear direction for the Planning Mayor Barakat stated that Commissioner Kuba, District Three, is adamantly opposed to removing Karen Dunst from the Councilmember Lewis stated that Commissioner Novodor,  term will expire in April 2019.  proceed.  BMC SECTION 2.04.270:  DISCUSSION:  time.  MOTION:  motion for purpose of discussion.  DISCUSSION:  lost 2-3 projects. projects.  Commission.  Planning Commission.  District Two, is also adamantly opposed.  Minutes CC Meeting June 19, 2018 Page 6of9    The City Council was also concerned about appointing a new Commissioner who is related (husband) to the Councilmember, Councilmember Lewis also stated that the longer Planning Commissioners serve the more valuable they are and that he values Commissioner Dunst as an independent thinker. Mayor Barakat wanted to get this issue resolved and called for av vote to remove Commissioner Dunst. AYES: Mayor Pro-Tem Hale, Councimember Bruny NOES: Mayor Barakat, Councimembers Lewis and Lathrop The motion to remove Commissioner Dunst failed by 2:3. The City Council suggested that staff set up a meeting with Commissioner Dunst. Noi further action was taken. The Council suggested that staff prepare and Ordinance regulating the Planning Commission reorganization and rotation of Chairperson and' Vice-Chairperson. The City Council discussed the 2018-2019 organization and association assignments. It is recommended that the City associations and adopt Resolution No. 18-18 pertaining to the San Gabriel Valley Council of Governments. California Contact Cities Association (CCCA):  ACTION TAKEN: PLANNING COMMISSION REORGANIZATION:  CITY COUNCIL LIAISONS FOR FISCAL YEAR: 2018-2019 AND THE APPOINTMENTS TO THE SAN GABRIEL VALLEY COG: ASSOCIATION/ORGANIZATION:  RESOLUTION NO. 18-18 PERTAININGTO Council designate City Councimembers to organizations and  Rep: vacant Alt: vacant League of California Cities: Rep: Councilmember Lathrop Alt: vacant LACounty City Selection Committee: Rep: Mayor Barakat (must be Mayor) Alt: vacant LACounty Sanitation Districts: Rep: Mayor Barakat (must be Mayor) Alt: vacant Rep: Mayor Barakat Alt: vacant Rep: vacant Alt: vacant  San Gabriel Valley Council of Governments (SGVCOG): Southern California Association of Governments (SCAG): Southern California Joint Powers Insurance Authority y(JPIA):  Rep: Councimember Lewis Alt: Mayor Barakat Foothill Transit:  Minutes CC Meeting June 19,2018 Page7of9    Rep: Mayor Barakat Alt: Councilmember Lewis  San Gabriel Valley Mosquito & Vector Control District: Rep: Mayor Barakat (term expires December 2019) Duarte Community Education Council (CEC): Rep: Counciimember Bruny Alt: Counelimemberlathvop Duarte Education Foundation: Rep: Councimember Lathrop Alt: Councilmember Bruny Area DI Emergency Services and Director of the Bradbury Disaster Committee: Rep: Councilmember Lewis Alt: Councimember Lathrop Temple Station Booster Club: Rep: vacant  RESOLUTION NO. 18-18 ADOPTED:  The City Council adopted Resolution No. 18-18 by a 4:0 vote (with Councimember Lathrop abstaining) appointing Mayor Barakat as the Governing Board Member. The position of Alternate Governing Board Member to the San Gabriel Valley City Manager Kearney stated that the entire City Councilmembers (with the exception of Councimember Lathrop) and the Planning Commission need to take the AB1234 Ethics Training to renew their Certificates, which are good for two years. A link for the online training willl be provided int the Weekly Memo and a copy of the Certificate should be The City is going to hold a Community Meeting on Thursday, June 21, at 7 pm at City Hall to discuss the recent burglaries on Gardi Street. Only two City Councilmembers may be present at the meeting, or the meeting needs to be noticed as a Special City Manager Kearney reminded the Council of the upcoming Bradbury Night Out event to be held on Thursday, July 26, at  Council of Governments remains vacant.  MATTERS FROM THE CITY MANAGER:  given to the City Clerk for filing.  meeting.  the Civic Center from 6-8 pm. Nothing to report  MATTERS FROM THE CITY ATTORNEY: MATTERS FROM THE CITY COUNCIL:  MAYOR BARAKAT: MAYOR PRO-TEM HALE: COUNCILMEMBER LEWIS:  Nothing to report City Council meeting. Nothing to report  Mayor Pro-Tem Hale stated that we will be absent for the July  Minutes CC Meeting June 19, 2018 Page 8 of9    COUNCILMEMBER LATHROP: COUNCILMEMBER BRUNY: ITEMS FORI FUTURE AGENDAS: ADJOURNMENT:  Councilmember Lathrop reported that the Duarte Unified School District is looking for a new Superintendent.  Nothing to report None  At 8:25 p.m. Mayor Barakat adjourned the meeting in memory of Don Burnett to Tuesday, July 17, 2018 at 7:00 pm.  MAYOR- CITY OF BRADBURY  ATTEST:  CITY CLERK - CITY OF BRADBURY  Minutes CC Meeting June 19, 2018 Page 9 of9    RESOLUTION NO. 18-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, PRE-RELEASED CHECKS) (REGULAR CHECKS)  APPROVING DEMANDS AND WARRANTS NO. 15054 THROUGH NO. 15072 AND DEMANDS AND WARRANTS NO. 15073 THROUGH NO. 15097  The City Council oft the City of Bradbury does hereby resolve as follows:  Section1. That the demands as set forth hereinafter are approved and warrants authorized to be drawn for payment from said demands in the amount of $7,090.71 pre-released Checks) and $118,133.95 at  July 17,2018 from the General Checking Account.  PRE-RELEASED CHECKS (due before City Council Meeting):  Check Name and  Description  Amount $345.89 $95.00 $1,000.00 $1,000.00 $1,000.00 $1,525.00 $146.05 $95.00 $555.47  (Due Date) (6/5/18) 15055 Molly Maid (6/20/18) 15056 Friends in Deed (6/30/18) 15057 Foothill Unity Center (6/30/18) 15058 Union Station Homeless Services (6/30/18) (4/20/18) (6/28/18) (6/28/18) (7/1/18)  15054 California American Water Meter: 301 Mt Olive Dr Irrigation  Acct. 200-48-6400 City Hall Cleaning Service (June 13) Acct. #101-16-6460 Community Support Acct. #101-11-6500 Community Support Acct. #101-11-6500 Community Support Acct. #101-11-6500 Acct. #101-21-7015 Refund for Permit; #3115 Acct. #101-00-4540 City Hall Cleaning Service (June 27) Acct. #101-16-6460 Telephone/VOIP Service Acct. #101-16-6440  15059 Priority Landscape Services Irrigation Repairs: Mount Olive Trail  15060 Paul Ciozda 15061 Molly Maid 15062 MegaPath  Reso. No. 18-19 Page 1of7 July 17,2018    Check Nameand 15063 Delta Dental  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. #101-16-5100 Basic Life and AD&D: City Manager Acct. #101-12-5100 City Clerk Acct. #101-13-5100 Management Analyst Acct. #101-16-5100 Parking Citation Processing Acct. #101-23-6210 Custody Charges for. June 2018 Safekeeping Operations for CDs Acct. #101-14-7010 600 Winston. Ave (City Hall) 1775 Woodlyn Ln 301 Mt Olive Dr Irrigation 2410 Mt Olive Ln Irrigation 2256 Gardi St Acct. #200-48-6400 Acct. #101-16-6400 City Hall Utilities Acct. #101-16-6400 Office Supplies Acct. #101-16-6200 Acct. #101-23-7420  Amount  (Due Date) (7/1/18)  $131.43 $42.88 $42.88 $61.07 $23.66 $23.66 $10.25 $10.25 $10.25  $217.19  15064 Vision Service Plan  (7/1/18)  $108.39  15065 The Standard  (1/1/18)  $30.75 $1.45 $76.25  15066 Data Ticket, Inc. (5/11/18) 15067 U.S. Bank (6/30/18) (7/11/18)  15068 California American Water Water Meters:  $30.90 $447.31 $160.59 $26.30 $15.18  $680.28 $29.54 $14.79 $57.23 $112.43  15069 Southern California Edison City Hall Utilities  (7/12/18) 15070 The Gas Company (7/13/18) 15071 Staples Credit Plan (7/15/18) (7/16/18)  15072 Frontier Communications Telephone Service (fire alarm line)  Total Pre-Released Checks $7,090.71  Reso. No. 18-18 Page 2of7 July 17,2018    REGULAR CHECKS: Check Name and  Description  Amount $175.00 $313.14  (Due Date) (6/8/18) (5/31/18) Kranitz (7/9/18)  15073 Armed Exterminators  Treated Interior and Exterior of Civic center for Ants Acct. #101-25-7010 Street Sweeping for May 2018 Acct. #200-48-7290 Retainer for. June 2018 Acct. #101-15-7020 Code Enforcement Acct. #101-23-7450 Oak' View Estates Acct. #103-00-2038 Acct. #101-30-6030 Acct. #101-16-6200 COPS Allocation FY2018-19 (see Resolution No. 18-18) Acct. #215-23-7410 Balloon Enteramnmentmagcan for Bradbury Night Out Acct. #101-11-6100 Monthly Cell Phone. Allowance Acct. #101-12-6440 Allocation of LAFO costs per City Acct. #101-30-6030 LARA Membership Fee for 2018-19 (to be reimbursed by Burrtec) Acct. #101-30-6030 Acct. #101-21-7060  15074 Burrtec Waste Industries  15075 Wallin, Kress, Reisman & CityAttorney:  $2,450.00 $258.50 $1,020.00 $3,728.50  15076 California Contract Cities Annual Membership Dues 15077 Denram Graphics & Printing Business Cards  $1,274.00 $329.53 $50,000.00 $165.00  (7/1/18) (6/11/18) 15078 City of Duarte (7/2/18) 15079 Fiesta Fantastic (6/6/18) 15080 Kevin Kearney (July 2018) 15081 Local Agency Formation Commission (7/2/18) 15082 LARA Los Angeles Regional Agency (6/25/18) (6/30/18)  $75.00 $67.11 $257.12 $225.00  15083 Mariposa Landscapes, Inc. Tree. Assessment at 195 Mount Olive Drive  Reso. No. 18-18 Page 3of7 July17,2018    Check Name and 15084 Michael Baker  Description  Amount $6,325.00  (Due Date) International (6/14/18) (7/6/18)  Professional Services for the period ending June 3, 2018 Oak' View Estates Acct. #103-00-2038 City Hall Monitoring for Aug 2018 Fire & Intrusion Systems Animal Control Services for May 2018 Acct. #101-23-7420 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 and Trail Acct. #101-21-7035 City Engineering Services Acct. #101-19-7230 119 Furlong Slope. Abatement Acct. #101-19-7230 NPDES Coordination Acct. #102-42-7630 Lemon Trail Rehabilitation Acct. #101-19-7230 Development Projects Acct. #101-19-7230 Winston Ave Sewer Extension Acct. #206-50-7606 Mt Olive Lane Sewer Project Acct. #206-50-7601 Sign Maintenance (damaged stop sign) Acct. #200-48-7000 2"Bradbury" Tablecloths for Bradbury Night Out and other events Acct. #101-11-6100 Acct. #200-48-6410 Acct. #101-23-7410  15085 Post Alarm Systems  $101.17  15086 Priority Landscape Services June 2018 Landscape Services:  (6/1/18)  $175.00 $345.00 $115.00 $465.00 $1,100.00 $661.50 $294.00 $420.00 $70.00 $15,453.00 $4,017.50 $1,520.00 $22,436.00  15087 RKA Consulting Group  (6/11/18)  (6/12/18) (6/14/18)  15088 LA County Public Works 15089 The Sauce  $52.38 $624.16 $721.83 $9,095.88  (6/1118)  Creative Services (5/21/18) (7/7/18) (7/6/18)  15090 Southern California Edison Street Lights  15091 LA County Sheriff's Dept. June 2018 Law Enforcement Services  Reso. No. 18-18 Page 4of7 July 17,2018    Check Name and 15092 Slammin' Sliders  Description  Amount $375.00 $1,222.50 $1,614.91  (Due Date) (7/26/18) (7/1/18) (7/7/18)  Food Truck (Deposit) for Bradbury Night Out Acct. #101-11-6100 Acct. #101-16-6230 Parking Tickets Acct. #215-23-7410 Kevin Kearney Visa Card: League of California Cities 2018 Annual Conference Registration Acct. #101-12-6020 Claudia Saldana Visa Card: MyFax Acct. #101-16-6230 Duarte Post Office Acct. #101-20-6120 VistaPrint (postcards) Acct. #101-11-6100 Smart & Final Acct. #101-16-6450 Plan Check & Permitting Acct. #101-20-7220 Planning Services (Retainer) Acct. #101-20-7210 Hourly Services (City Planner) Acct. #101-20-7210 Oak' View Estates (City Planner) Acct. #103-00-2038 Food Truck (50% Deposit) for Bradbury Night Out Acct. #101-11-6100  15093 TeamLogic IT of Pasadena Computer Services & Supplies  15094 Topform Data 15095 U.S. Bank Corporate Payment Systems (6/22/18)  $525.00  $20.00 $53.68 $95.65 $11.81 $7,845.45 $3,900.00 $4,702.50  $706.14  15096 VCA Code Group  (6/18/18)  $247.50 $16,695.45  15097 White Rabbit (6/28/18)  $454.13 $118,133.95  Total Regular Checks  Reso. No. 18-18 Page 5of7 July 17,2018    PAYROLL for. July 2018:  ACH  Kevin Kearney (July 2018)  Salary: City Manager Acct. #101-12-5010 Withholdings Acct. #101-00-2011 Salary: City Clerk Acct. #101-13-5010 Withholdings Acct. #101-00-2011 Salary: Management Analyst Acct. #101-16-5010 Withholdings Acct. #101-00-2011 PERS Employee Share Acct. #101-16-5010 Finance Director (June 2018) 21.92xs77/.80/nour Acct. #101-14-5010 Withholdings Acct. #101-00-2011  $8,866.25 (1.850.41) $7,015.84 $4,984.08 (1,262.62) $3,721.46 $3,919.83 (848.55) (244.99) $790.92 (63.72)  ACH  Claudia Saldana (July 2018)  ACH  Scarlett Santos Leon (July 2018)  $2,826.29  ACH  Lisa Bailey (July 2018)  $727.20  Total Payroll $14,305.97  ELECTRONIC FUND TRANSFER (EFT) PAYMENTS for July2018:  Check Name and  Description  Amount  (Invoice Date) Aetna (July 2018)  EFT  Health Insurance for July2 2018: 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  $1,417.84 $838.06  $394.10 $2,650.00 $680.59 $185.61  EFT  EDD (July 2018)  $866.20  Reso. No. 18-18 Page 6of7 July 17,2018    EFT  Dept. of Treasury (July 2018)  Federal Tax' Withholdings Medicare (Employee's portion of Social Security andl 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  $1,748.67 $2,301.58 $538.08 $4,488.33  Internal Revenue Service Social Security  EFT  California PERS (July 2018)  $1,288.95 $720.48 $513.18 $2,522.61  MAYOR-CITY OF BRADBURY  ATTEST:  CITY CLERK - CITY OF BRADBURY  "I, Claudia Saldana, City Clerk, hereby certify that the foregoing Resolution, being Resolution No. 18-19, was duly adopted by the City Council of the City of Bradbury, California, at a regular meeting held on the  17th day of July, 2018 byt the following roll call vote:"  AYES: NOES: ABSENT: ABSTAIN:  CITY CLERK - CITY OF BRADBURY  Reso. No. 18-18 Page7 7of7 July17,2018    Remitp paymenta andn make checks payablet to: STAPLES CREDIT PLAN DEPT11-0005337241 POBOX 9001036 LOUISVILLE, KY 40290-1036  STAPLES More Account  INVOICE DETAIL  BILL TO: CITY OF BRADBURY  SHIPTO: CITY OF BRADBURY 600V WINSTONS ST BRADBURY CA 91008  Acct: 6011 1000 5337: 241 CLAUDIA SALDANA  Amount Due: Trans Date: DUEI DATE:  Invoice #: 2094246531 $23.49. $12.99 $36.48 $3.46 $39.94 Invoice #: 2094411461 $15.79 $15.79 $1.50 $17.29  $39.94 PO:  05/23/18 1.0000 EA 1.0000EA SUBTOTAL TAX TOTAL  07/15/18 Store: 100088887, WESTBORO, MA $23.49 $12.99  PRODUCT  SKU# 121962 586113  QUANTITY UNIT PRICE TOTAL PRICE  STAPLES EXTRAHEAVWWEIGHT POSTIT SUPER STICKY NOTES Purchased by: CLAUDIAS SALDANA Order #: 9787276238  BILL TO: CIYOFBRADBURY  SHIPT TO: CITYOF BRADBURY 6001 WINSTONST BRADBURY CA 91008  Acct: 6011 1000 53372 241 CLAUDIA SALDANA  Amount Due: Trans Date: DUE DATE:  $17.29 PO:  05/23/18 1.0000EA SUBTOTAL TAX TOTAL  07/15/18 Store: 100088887, WESTBORO, MA $15.79  PRODUCT ROBERTS RULES OF ORDER Purchased by: CLAUDIA! SALDANA Order #: 9787276238  SKU# 1271840  QUANTITY UNIT PRICE TOTALI PRICE  pee Checkt 15071  Page7of8  1-800-669-5285 staplesnetpay. accountonline.com    usbank. U.S BANCORP SERVICE CENTER P.O. Box 6343 Fargo, ND5 58125-6343  CITY OF BRADBURY ACCOUNT NUMBER 4248-0446-0277-2711 STATEMENT DATE TOTAL ACTIVITY  06-22-18 $525.00  "'phl" 000002568 01 SP 0.510 106481631109852P KEVIN KEARNEY CITY-OF BRADBURY 600 WINSTON AVENUE BRADBURY CA 91008-1123  "MEMO STATEMENT ONLY" DO NOT REMIT PAYMENT  JUN2 9 2018  NEW ACCOUNT ACTMVITY  POST TRAN  DATE DATE TRANSACTION DESCRIPTION  REFERENCE NUMBER  MCC AMOUNT  06-21 06-19 THE LEAGUE OF CALIFORNIA 916-658-8200 CA 410/2071020164715 8651 525.00  PUR ID: 100579619378 TAX:0.00  Cleck # 5095  ReR  Default Accounting Code:  ACCOUNT NUMBER 42460446-02/1-2A7 STATEMENT DATE DISPUTED. AMOUNT 06-22-18  ACCOUNT SUMMARY PREVIOUS BALANCE PURCHASES & OTHER CHARGES CASH ADVANCES CASH ADVANCE FEE CREDITS TOTAL ACTIVITY  CUSTOMER SERVICE CALL 800-344-5696  $.00 $525.00 $.00 $.00 $.00 $525.00  $.00  SEND BILLING INQUIRIES TO: C/OU.S. BANCORP SERVICE CENTER, INC U.S. BANK NATIONAL. ASSOCIATION P.O. BOX 6335 FARGO, ND 58125-6335  AMOUNT DUE $0.00 DO NOT REMIT  :OPYRIGHT 2005 U.S. BANK  ASSOCIATION  PAGE10F1    usbank. U.S BANCORP SERVICE CENTER P.O. Box 6343 Fargo, ND 58125-6343  CITY OF BRADBURY ACCOUNT NUMBER 4246-0400-9040-6885 STATEMENT DATE TOTAL ACTIVITY  06-22-18 $181.14  ""Il" 00000256701 SP 0.510 106481631109851 P CLAUDIA A SALDANA CITY-OF BRADBURY 600 WINSTON AVENUE BRADBURY CA 91008-1123  "MEMO STATEMENT ONLY" DO NOT REMIT PAYMENT  IJUN 29.1038  NEW ACCOUNT ACTIVITY  OST TRAN  DATE DATE TRANSACTION DESCRIPTION )5-23 05-23 MYFAX *PROTUS IP SOLN 866-563-9212 CA )6-07 06-06 USPS PO 0522740820 DUARTE CA )6-19 06-18 VISTAPRVISTAPRIICOM 866-8936743 MA )6-20 06-19 SMART ANDF FINA11107463 DUARTE CA  REFERENCE NUMBER 6921814300451829483 5968 2445081580067/102474 9402 A692181670027204050 2741 41640/81702005671 5411  MCC AMOUNT 20.00 53.68 95.65 11.81  PUR ID: 33090759 TAX: 0.00 PUR ID: None TAX:0.00  PUR ID: MCAIDROABEA:DAVDANA TAX:0.00  Clel15095  neR  Default Accounting Code:  ACCOUNT NUMBER 42460400-8040-6665 STATEMENT DATE DISPUTED AMOUNT 06-22-18  ACCOUNT SUMMARY PREVIOUS BALANCE PURCHASES & OTHER CHARGES CASH ADVANCES CASH ADVANCE FEE CREDITS TOTAL ACTIVITY  CUSTOMER SERVICE CALL 800-344-5696  $.00 $181.14 $.00 $.00 $.00 $181.14  $.00  SEND BILLING INQUIRIES TO: C/O U.S. BANCORP SERVICE CENTER, INC U.S. BANK NATIONAL. ASSOCIATION P.O. BOX 6335 FARGO, ND 58125-6335  AMOUNT DUE $0.00 DO NOT REMIT  OPYRIGHT: 2005 U.S. BANK  ASSOCIATION  PAGE10F1    RESOLUTION NO. 18-20  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, AUTHORIZING THE SIGNATURES FOR. ACCOUNTS INT THE NAME OF "CITY OF BRADBURY"  THE CITY COUNCIL OF THE CITY OF BRADBURY DOES RESOLVE SECTION 1. That the following individuals are hereby authorized to deposit and withdraw for investment purposes on behalf of the City of Bradbury and issue checks from the General Checking Account Number 8684745113 at Wells Fargo Bank in the name of "City of Bradbury." Checks under $1,000 require one signature and checks of $1,000 and over require two signatures from  AS FOLLOWS:  either:  Richard G. Barakat Richard T. Hale, Jr. Kevin Kearney Laurie Stiver Lisa Bailey  (Mayor) (Mayor Pro-Tem) (City Manager) (City Treasurer) (Finance Director)  SECTION3. That the City Clerk shall certify to the adoption of this PASSED, APPROVED AND ADOPTED on this 17th day of July, 2017.  Resolution.  MAYOR: - CITY OF BRADBURY  ATTEST:  CITY CLERK- CITY OF BRADBURY  Reso. No. 17-20 Page 1of2 July 18, 2018    "I, Claudia Saldana, City Clerk, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Bradbury at an adjourned regular meeting held on the 17th day of July, 2017 by the following roll call vote:"  AYES: NOES: ABSENT:  CITY CLERK- CITY OF BRADBURY  Reso. No. 17-20 Page 2of2 July 18,2018    8 0  PPEP 6  6  8888    Revenues  2017-18 Preliminary YTD @ 06/30/18 438,658 3,941 10,323 6,624 4,114 18,708 17,722 25,580 2,574 31,388 17,952 31,081 130,646 2,867 1,906 44,063 3,030 10,301 1,635 3,805 4,844 50,073 179,175 260,790 10,627 26,871 1,050 8,612 140,793 31,822 317 187 4,820 65 56,000 50  Acct. Number General Fund: 101-00-4010 101-00-4030 101-00-4060 101-00-4070 101-00-4100 101-00-4110 101-00-4120 101-00-4130 101-00-4140 101-00-4150 101-00-4160 101-00-4190 101-00-4200 101-00-4210 101-00-4220 101-00-4350 101-00-4360 101-00-4370 101-00-4410 101-00-4420 101-00-4440 101-00-4460 101-00-4470 101-00-4480 101-00-4485 101-00-4490 101-00-4500 101-00-4530 101-00-4540 101-00-4600 101-00-4700 101-00-4800 101-00-4850 101-00-4900 101-00-4920 101-23-4950  2015-16 2016-17 Actual 378,325 397,293 15,860 9,566 6,482 2,818 18,533 19,383 33,218 3,060 23,383 17,306 15,922 115,939 8,734 12,158 40,536 37,080 6,538 14,578 38,206 116,879 298,311 299,215 270,669 34,911 41,902 11,579 118,522 13,200 259 1,021 14,459  2017-18 Budget 400,000 16,000 9,700 5,000 4,500 17,500 18,000 34,000 2,500 27,500 17,000 18,000 125,000 6,000 1,000 40,000 25,000 5,000 90,000 300,000 290,000 30,000 40,000 1,000 4,500 110,000 13,500 300 4,820  Account Description  Actual  Property Tax-Current Secured Property Tax-Current Unsecur Public Safety Augmentation F Delinquent Taxes Sales & Use Tax Franchise Fee-Cable TV Franchise Fee-SC Edison Franchise Fee-SC Refuse Franchise Fee-SC Gas Co. Franchise Fee-Cal Am Water AB939 Refuse. Admin. Fee Real Property Transfer Tax Motor' Vehicle In-Lieu Dist & Bail Forfieture Fines-City Business License Movie & TV Permits Bedroom License Fee Variances & CUPS Lotl Line Adjustment/Zone Changes Subdivisions/Lot: Splits Planning Dept. Review Building Construction Permit Building Plan Check Fees Landscape Plan Check Permit Green Code Compliance Civic Center Rental Fee Environmental & Other Fees City Engineering Plan Check Interest Income Sales of Maps & Publications Other Revenue Cal-Am Loan Repayment Reimbursements Sale of Prop. AF Funds Vacant Property Registry Fee  110% 25% 106% 132% 91% 107% 98% 75% 103% 114% 106% 173% 105% 48% 191% 110% 0% 41% 33% 0% 0% 56% 60% 90% 35% 67% 105% 191% 128% 236% 106% 0% 100% 0% 0% 0% 96%  16,148 9,922 6,408 7,465 17,736 17,658 34,025 2,426 27,483 17,514 32,492 123,481 4,996 41,296 7,000 30,900 1,902 3,312 100,020 309,178 28,204 40,268 4,450 173,070 17,136 446 9 4,820 4,323  Total General Fund Revenues 1,767,883 1,752,050 1,655,820 1,583,014  1of3    Revenues  2017-18 Preliminary YTD @ 06/30/18 47,920 22,991 99,603 14,181 19,919 12,980 434 5,235 991 364 224,618  Acct. Number Utility Users Taxl Fund: 102-00-4600 102-00-4810 102-00-4820 102-00-4830 102-00-4840 102-00-4850 102-00-4855 102-00-4856 102-00-4857 102-00-4858 102-00-4900 Civic Center Fund: 111-00-4000 111-00-4500 Long Term Planning Fee Fund: 112-00-4490 112-00-4600 Technology Fee Fund: 113-00-4520 113-00-4600 Gas Tax Fund: 200-00-4000 200-00-4200 200-48-4260 200-00-4600 Prop. Al Fund: 203-40-4260 203-40-4600 Prop. C Fund: 204-48-4260 204-48-4600 205-48-4260 205-48-4600  2015-16 2016-17 Actual 230 30,726 22,638 100,778 14,909 17,838 12,387 444. 6,182 2,735 1,277 210,144 220,862  2017-18 Budget 450 38,000 22,500 103,000 15,000 20,000 15,700 500 6,000 4,000 225,150  Account Description  Actual 2,902 40,212 22,815 94,765 15,426 19,850 14,505 449 5,650 4,288  Interest Water Trash Electric Natural Gas UUT- Cable Telecom-Minors Telecom-AT&T Telecom-Verizon Telecom-Sprint Nextel Reimbursements  0% 126% 102% 97% 95% 100% 83% 87% 87% 25% 100%  Transfer In from General Fund Civic Center Rental Fee Long-Term Planning Fee LTP Fee Interest Income Technology Fee Technology Fee Interest Income  4,544 900 5,444 11,637 29 11,666 24,453 217 24,670  975 975 11,569 66 11,635 22,609 1,307 23,916 3,147 29,013 396 32,556 19,530 133 19,663 16,034 164 16,198  11,000 75 11,075 22,000 1,050 23,050  10,647 10,647 14,466 14,466 1,258 29,364 30,622 20,948 20,948 17,532 17,532  97% 96% 66% 63%  Transfers In TCRA Funds Gas Tax Gas Tax Interest  26,788 552 27,340 19,835 293 20,128 16,295 252 16,547  36,959 400 37,359 20,000 150 20,150 16,500 175 16,675  79% 82% 105% 104% 106% 105%  Prop. A Transit Funds Prop. A Transit Interest Prop. C Funds Prop. C Interest TDAI Funds TDAI Interest  Transporation Development, Act Fund:  2of3    Revenues  2017-18 Preliminary YTD @ 06/30/18 43,140  Acct. Number Sewer Fund: 206-00-4000 206-50-4730 STPLFund: 208-00-4260 208-00-4600 Recycling Grant Fund: 209-00-4260 209-00-4600 Measure RI Fund: 210-48-4260 210-48-4600 Measure M Fund 212-48-4260 212-48-4600 215-23-4260 215-23-4600 County Park Grant: 217-00-4210 County Park Grant 217-00-4600 Fire Safe Grant 14-USFS-SFA-0053: 219-00-4260 219-00-4270 219-00-4600  2015-16 Actual 53,914 230,414  2016-17 Actual 25,000 18,828 166 18,994 5,000 62 5,062 12,342 311 12,653  2017-18 Budget  Account Description  Transfers In Mount Olive Drive Assessment  176,500 481,229 1,100,000 1,100,000  100% 117% 101%  36,967  506,229 1,136,967 1,143,140  STPLI Funds STPL Interest  57 57 5,000 41 5,041 12,157 252 12,409  Recycling Grant Funds Recycling Grant Interest Measure RI Funds Measure RI Interest Measure M Funds Measure M Interest COPS Funds COPS Interest  5,000 45 5,045 12,500 250 12,750 7,500 7,500 100,000 360 100,360  (803) (803) 13,014 13,014 11,795 11,795 214,990 214,990  -16% -16% 104% 102% 157% 157% 215% 214%  Citizen's Option fo Public! Safety (COPS) Fund:  114,618 358 114,976 117,289 26,500 24 26,524 47,500 232 47,732  116,750 539 48 48  Grant Fund Interest Income  Fire Safe Grant 14-USFS-SFA-0053 HOA Contribution Fire Safe Grant Interest Income  57 57  Total Revenues 2,520,123 2,739,039 3,251,901 3,283,983  101%  3of3    Expenditures 2015-16 Actual 176,500  2017-18 Preliminary YTD @ 06/30/18  2016-17 Actual  2017-18 Budget  Account Description  General Fund:  101-00-5000 Transfers Out City Council Division: 101-11-6500 Community: Support (homelessness), 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 101-12-6210 Special Department Supplies 101-12-6440 Cell Phone City Clerk Division: 101-13-5010 Salaries 101-13-5100 Benefits 101-13-6020 Meetings & Conferences 101-13-6040 Transportation & Lodging 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  485,773 1,100,000 1,100,000. 100%  3,000 57 215 3,272 93,641 26,424 854 237 488 23,097 350 145,091 56,104 22,469 156 290 8,317 87,336 13,746 1,198 351 711 4,034 10,000 1,300 31,340 36,385 5,333 1,008 42,726  3,000 7,850 250 11,100 102,500 102,500 48,000 2,500 1,500 1,200 100 900 156,700 148,861 57,619 27,000 100 100 150 250 12,000 97,219 14,492 1,500 100 350 2,000 4,600 14,500 1,300 38,842 29,400 7,000 1,000 37,400  3,000 6,942 225 10,167 41,806 1,502 1,130 1,023 900 60,741 24,294 142 473 2,317 87,967 13,439 1,236 94 1,459 4,650 18,523 350 39,751 26,950 2,702 1,211 30,863  100% 88% 90% 92% 100% 87% 60% 75% 85% 0% 100% 95% 105% 90% 0% 0% 95% 0% 0% 90% 93% 82% 0% 27% 73% 101% 128% 27% 102% 92% 39% 121% 83%  130 225 355 105,795 42,583 2,173 145 983 450 152,129 54,470 20,738 70 466 10,742 1,672 88,158 10,810 1,868 215 1,048 3,166 14,613 14,694 61,108 24,750 2,326 425 27,501  Meetings & Conferences  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 Servic 101-15-7080 Seminars & Training  1of4    Expenditures 2015-16 Actual 42,840 15,877 47 589 356 1,093 10,058 168,139 4,295 38,379 3,513 6,070 1,468 2,430 1,590 296,744 116,910 17,627 19,844 154,381 69 59 50,700 325,845 14,767 391,440 8,560 2,680 7,385 6,711 680 12,083 38,099 97,736 2,438 4,714 104,888  2017-18 Preliminary YTD @ 06/30/18 37,219 9,524 375 195 215 267 1,019 1,622 7,212 2,259 2,216 54,738 2,953 6,714 1,120 2,795  2016-17 Actual 40,785 12,277 195 227 1,652 9,149 1,767 36,431 4,051 7,118 1,047 2,565 152 241 117,657 149,888 1,630 128,365 279,883 (77) 46,800 291,247 8,957 346,927 8,210 2,920 23,960 4,998 910 11,300 52,298 67 95,970 2,643 2,771 101,451  2017-18 Budget 45,316 15,600 500 150 500 500 500 1,500 18,000 1,500 40,000 5,000 7,000 1,000 2,500 500 140,066 130,443 108,000 116,304 18,370 126,370 175,654 250 500 500 46,800 290,000 210,667 10,000 348,050 260,378 10,000 3,000 5,500 1,000 10,000 29,500  Account Description  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 101-16-6240 PERS UAL Payment 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 & Cleanning Service 101-16-6470 Maintenance & Supplies 101-16-7600 Operating contngency Engineering Division: 101-19-7238 Annexation  82% 61% 75% 130% 0% 43% 53% 68% 40% 148% 137% 59% 96% 112% 112% 0% 93% 108% 323% 139% 111% 42% 0% 83% 73% 98% 75% 70% 83% 125% 127% 109% 103% 99% 99% 121% 100%  101-19-7230 Contracted Engineering Services 101-19-7310 Woodlyn Lane/Mt. Olive Drainage Planning, Zoning & Development Division: 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 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  59,350  278 210 39,000 9,817 406 6,960 2,495 1,777 6,884 1,265 10,873 30,254  110,000 108,779 2,600 3,500 116,100 115,602  2,582 4,241  2of4    Expenditures 2015-16 Actual 123 360 995 45,149 91,348 2,058 2,058 8,143  2017-18 Preliminary YTD @ 06/30/18  2016-17 Actual  2017-18 Budget  Account Description  Emergency Preparedness Division: 101-24-6010 Seminars & Training 101-24-6020 Meetings & Conferences 101-24-6030 Memberships & Dues 101-24-6470 Maintenance & Supplies 101-55-7030 Hazardous Mitigation Plan 101-24-6480 Civic Center Generator Animal & Pest Control Division: 101-25-7000 Animal Control Services 101-25-7010 Pest Control Services Intergovernmental Relations Division: 101-30-6030 Memberships & Dues  55 360 869 16 1,300 2,775 2,775 8,610  2,404 10,000 342 12,746 2,411 2,411 8,452  2,500 15,000 17,500 3,000 300 3,300 8,500  35% 0% 7% 93% 0% 84% 101% 96% 10%  General Fund Totals 1,592,852 1,717,363 2,230,647 2,142,625  Utility Users Tax Fund: Civic Center Fund:  102-42-7630 NPDES Stormwater Compliance 111-00-6210 Civic Center Improvements 111-21-7650 Civic Center Landscaping/Park Long Term Planning Fee Fund: Technology Fee Fund: 113-20-4500 Technology expense 101-20-7730 Website  61,375 2,529 9,490 12,019  78,602  348,922  35,609  Civic Center Contingency CHT Temporary Facility CHI Interior Finished & Equipment  1,350 8,631 7,470 16,101 11,272 8,572 1,421 3,445 24,710 80,000 80,000  468 468 7,518 7,752 1,741 3,765 3,114 23,890  6,000 14,853 20,853 7,500 8,000 5,500 4,500 25,500  0% 50% 77% 150% 107% 26% 77% 97%  101-20-7040 Non-Capitalized Equipment Sonic Firewall 113-20-8120 Capital Equipment-Server & Copier 113-20-4500 Technology expense (e-Plan) 200-48-6400 Utilities-Select System 200-48-6410 Street Lights 200-48-6555 Street Tree Maintenance 200-48-7000 PW Contract Services 200-48-7290 Street Sweeping 200-48-7745 Royal Oaks North Curb Extension 200-48-7750 Woodlyn Lane Pavement Rehab. 200-48-7755 City' Wide Slurry Seal 203-00-7600 Sale of Prop. AF Funds 203-40-7625 Transit Services  10,720 10,720 3,620 8,759 451 4,143 16,973  Gas Tax Fund:  Prop. AI Fund:  3of4    Expenditures 2015-16 Actual  2017-18 Preliminary YTD @ 06/30/18 642 6,337 6,979 3,660 220 3,880 12,175 18,545 134,536  2016-17 Actual  2017-18 Budget  Account Description  Prop. CI Fund:  Staffing  204-20-6030 Memberships & Dues 204-40-7325 Transit Services 204-48-7755 City Wide Slurry Seal Transporation Development. Act Fund: 205-48-7720 Lemon Trail Project 205-00-7760 Return of Funds  346 8,449 8,795  514 8,449 8,963  520 9,000 9,520 25,000 25,000 551,502 113,793 103,816 470,804  123% 70% 73% 15% 16% 2% 91% 4% 12%  Sewer Fund:  206-50-7600 Mt. Olive Drive Sewer Project 206-50-7601 Mt. Olive Lane Sewer Project 206-50-7605 Lemon Ave. Project Phase/(Monrovia) 206-50-7606 Winston Ave Project 207-48-7000 Prop. 1B Street Repairs 208-48-7745 Royal Oaks North Curb Extension  195,710 13,432 800 209,942 3,147  323,075 31,530 7,810 44,696 407,111 1,136,099  Prop. 1B Fund: STPL Fund:  Recycling Grant Fund: 209-35-7300 Recycling Education Measure R Fund: 210-48-7000 Contract Services 210-48-7750 Woodlyn Lane Pavement Rehab. 210-48-7755 City Wide Slurry Seal 212-48-6555 Citywide Slurry Seal 212-48-xxoxx Bridge Repair  4,198 20,380 20,380  1,500  1,500  4,500 300%  Measure MI Fund  7,500 7,500  Citizen's Option fo Public Safety (COPS) Fund: 215-23-7410 Contract Services Sheriff  56,307  116,750  143,750 145,020  101%  Grant Fund (Other): County Park Grant: 217-21-7650 Civic Center Park Fire Safe Grant 14-USFS-SFA-0053: 219-21-7065 Brush Clearance  AQMD Tree Partnership Transfers Out  24,000 95,569 4of4  Total Expenditures 2,116,277 2,354,647 3,949,291 2,595,310  66%    Richard Barakat, Mayor (District 3) RichardHale, Mayor Pro Tem (District 1) Monte. Lewis, Council Member (District 2) Bruce Cathrop, Council Member (District 4) Elzabeth Bruny, CouncifMember (District5)  BRADBURY  City of Bradbury Agenda Memo  TO: FROM: DATE: SUBJECT:  Honorable Mayor and Members of the City Council  Kevin Kearney, City Manager  July 17, 2018  PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BRADBURY AND MICHAEL BAKER INTERNATIONAL FOR  INITIAL CONSULTATION SERVICES  ATTACHMENTS: 1. Agreement between the City of Bradbury and Michael Baker  International  SUMMARY  The developer for the Chadwick Ranch Estates project, Nevis Capital, LLC, desires initial consultation with City Staff on the development project. Because City Staff lacks sufficient resources to provide for this initial consultation, the City desires to engage Michael Baker International to assist with the development as the City's Environmental Itis is recommended that the City Council adopt the agreement between the City of Bradbury and Michael Baker International for a not-to-exceed amount of $15,000.  and Planning Consultant.  DISCUSSION  Nevis Capital, LLC ("developer") owns three parcels of property consisting of approximately 111 acres in the City of Bradbury, known as the Chadwick Ranch Estates. The developer has filed an application for development of the property and desires to develop the area into fifteen (15) residential properties. Before embarking on a full environmental review process, the developer desires initial consultation services of City  Staff.  FOR CITY COUNCIL AGENDA 7-17  AGENDA ITEM # 1.E    Professional Services Agreement between the City and Michael Baker International for  Initial Consulting Services Page 2of2  Because the City does not have sufficient resources to provide initial consultation services, to prepare or review environmental documentation and related studies, reports and analysis, and to process the development, the City has determined it is in its best interest to engage Michael Baker International to assist with the development as the City's Section 2.07.330(b)(2) of the Bradbury Municipal Code authorizes the City to directly engage Michael Baker International without going out for a new Request for Proposal. Michael Baker International is currently the City's Environmental and Planning Consultant fort the development of the neighboring property, Oak View Estates. Use of Michael Baker International will ensure consistency between the two analyses and provide an economy of scale, as some analysis from the Oak View Estates project will be applicable to the Chadwick Ranch Estates project. Additionally, the Oak View Estates project will need to The City believes that it is in the public interest for the developer to pay for the described services in the agreement. Pursuant to the agreement, the developer will be required to make a sizable deposit within ten (10) business days of execution and delivery of the agreement. The City will draw down upon the deposit with services are utilized.  Environmental and Planning Consultant.  be examined as a cumulative project with the Chadwick project.  FINANCIAL ANALYSIS  As part of the agreement between the developer and the City, the developer will pay for all professional costs and expenses related to the initial consultation, this also will include thet time and material charges from Michael Baker International. As part oft the agreement between the City and Michael Baker International, the consultant will work on an hourly basis, under the direction of the City Manager, and iti is anticipated that $7,500 of the total $15,000 will be allocated to allow for Michael Baker International's services, with the remainder of the budget allocated to the City for their services. However, the parties will work cooperatively to move any funds anticipated to be unused by one party, to the other Since services utilized as part of this agreement will be paid for by the developer's deposit, the agreement between the City and Michael Baker International poses no significant  party, if necessary.  financial impact to the City. STAFF RECOMMENDATION  Itis_r recommended that the City Council adopt the agreement between the City of Bradbury and Michael Baker International for a not-to-exceed amount of $15,000.    ATTACHMENT  #1    PROFESSIONAL SERVICES AGREEMENT FOR INITIAL CONSULTATION SERVICES (City of] Bradbury/Michael Baker International)  1. IDENTIFICATION  THIS PROFESSIONALSERVICES AGREEMENT ("Agreement"): is entered into by and between the City of Bradbury, a California municipal corporation ("City"), and Michael Baker International, Inc., a Pennsylvania corporation authorized to do business in California  ("Consultant"). 2. RECITALS  2.1 Scott Yang ("Developer") has filed applications to develop approximately 111 acres in the City of Bradbury, known as Chadwick Ranch Estates, with ar residential development consisting of approximately ten (10) residential properties. The applications include a Specific Plan, Zoning Code Amendment, Zone Change and tract map to divide the three existing parcels into fifteen lots (the "Project"). Additionally, environmental review will have to be conducted under the California Environmental Quality Act ("CEQA") and the appropriate environmental document (the Environmental Document") willl have to be prepared and reviewed. 2.2 City has determined that it requires the following professional services from a consultant: environmental consultant services for the analysis of the ten lot residential development relating to the 111 acre Chadwick Ranch Estates and 2.3 Consultant represents thati it is fully qualified toj perform such professional services by virtue ofi its experience and the training, education and expertise ofi its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and 2.4 Consultant originally provided a proposal for Services in an amount of $179,200 which included full entitlement processing and environmental review for the 2.5 The Project isi immediately adjacent to the Oak View Estates project which is int the process of undergoing environmental and application review. Consultant is providing environmental and planning services for the Oak View Estates project. City has determined that it is in its best interests to engage Consultant for the Chadwick project as well, as use of Consultant will ensure consistency between the two analyses andj provide an economy of scale as some analysis from the Oak View Estates project will be applicable to this Project. Additionally, the Oak View Estates project will need to be examined as a cumulative project for the Chadwick  planning/land use entitlement services.  conditions set forth in this Agreement.  project, once submitted to the City for formal review.  project.  -1-    2.6 Developer has determined that before it undertakes full processing ofi its Project, it wishes to engage in limited initial review and consultation in order to determine its feasibility. Developeri is willing to spend up to $15,0001 for thisi initial consultation for the work of Consultant as well as the City's other contract consultants and will deposit this amount with the City. City funds will not be used for the Initial 2.7 Consultant is willing toj perform this work on an hourly basis, and it is anticipated that $7,500 of the total $15,000 deposit will be allocated to allow for Consultant's services, with the remainder of the budget allocated to the City for their services. However, the parties will work cooperatively to move any funds anticipated to be  Consulting Services provided under this Agreement.  unused by one party, to the other part if necessary.  NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein  contained, City and Consultant agree as follows:  3. DEFINITIONS  3.1 "Scope of Services": To engage in preliminary review of the project relating to 3.2 "Approved Fee Schedule": The fee for such Services shall be: $170/hour for environmental consulting services and $155/hour for the Land Use Entitlement 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 Developer notifies City in writing that it wishes to formally commence processing its application or wishes to withdraw its  environmental and planning issues.  Manager and $85/hour for" Technical Support staff.  application.  4. TERM  The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the parties or terminated earlier in accordance with Section 17 ("Termination") below.  5.  CONSULTANT'SSERVICES  5.1 Consultant shall perform all work in accordance with the professional standards of Consultantsproftesion: and in al manner: masoatymtisfacaylocly, Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict ofi interest provisions of Government Code Section 1090and the Political Reform Act (Government Code Section 81000 et seq.). 5.2 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the  -2-    Commencement Date if such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict ofi interest statute. 5.3 Consultant 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 Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Christine Donoghue shall be Consultant's project manager for the Environmental Services and Trayci Nelson shall be project manager for the land use entitlement processing work. Each project manager shall have direct responsibility for management of Consultant's performance under this Agreement pertaining to their scope of services. No change shall be made in Consultant's project administrators  without City's prior written consent.  6.  COMPENSATION  6.1 Cityagrees to compensate Consultant for the Initial Consultation Services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Fee Schedule set forth in Section 3.2of 6.2 In order for Cityt to accurately track the amount of expenses so as not to exceed the $15,000 cap ($7,5001 to Consultant and $7,500 to City), eachl Project Manager shall submit an informal weekly accounting oft their time expended on this Project. This accounting may be limited to name, time, hours expended, and total for the week without the full detail that is required for ani invoice. This informal accounting may  this Agreement.  bel by way of email to the City Manager.  6.2.1 6.2.2 6.2.3  Ifthe City Manager determines that the capi is being reached, he shall immediately notify Consultant to cease any further services. If the City Manager fails to provide timely notification to Consultant, City shall be responsible for such fees. IfConsultant fails toj provide timely notification of services rendered to the City Manager, City shall not be responsible for such services if the amount exceeds the Developer's deposit.  6.3 Consultant shall submiti invoices for services performed pursuant to this Agreement no more often than once ai month. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten business days of receipt of the invoice, City shall notify Consultant in writing of any 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  Consultant unless otherwise required by law.  -3-    7. OWNERSHIP OF WRITENPRODUCTS  All reports, documents or other written material ("written products" herein) originally developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon use or dissemination by City. Consultant 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 Consultant. 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 of Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. City agrees to hold Consultant 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 Consultant consents in writing  to such reuse.  8. RELATIONSHIP OF PARTIES  Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any ofi its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that iti is, or that any of its agents or employees are, in any manner employees of City. Under no circumstances shall Consultant or its employees look to the City as its employer. Consultant and its employees shall not be entitled to any benefits from  City. 9.  CONFIDENTIALITY  All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement may be deemed confidential by City, and if sO deemed, shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement. The preceding restriction shall not apply to information which is in the public domain, was previously known to Consultant, was acquired by Consultant from others who have no confidential relationship to City with respect to same, or which through no fault of Consultant, comes into the public domain. Consultant shall not be restricted from releasing information, including confidential information, in response to a subpoena, court order, or other legal process. Consultant shall not be required to resist such subpoena, court order, or legal process, but shall promptly notify Cityi in writing of the demand for  information before Consultant responds to such demand.  10. INDEMNIFICATION  10.1 To the fullest extent permitted by law, Consultant shall indemnify and hold harmless 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 toa any person, whether physical, emotional, consequential or otherwise, andi injury to any property to the extent caused by Consultant's alleged negligence,  4-    recklessness or willful misconduct of Consultant or any ofi its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, int the performance oft 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 of the City. Such costs and expenses shall include reasonable attorneys' fees due to counsel of City's choice, expert fees and all other costs and 10.2 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant's failure toj pay City promptly, any indemnification arising under this Section 10 and any amount due City from Consultant arising from Consultant's failure to (i) pay taxes on amounts received pursuant to this Agreement; (ii) satisfy obligations to any governmental entity, or (iii) comply with applicable workers' compensation 10.3 The obligations of Consultant under this Section 10 are not limited by the 10.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant 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, Consultant agrees tol 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 Consultant's subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees 10.5 City does not, and shall not, waive any rights that it may possess against Consultant because oft the acceptance by City, or the deposit with City, of anyi 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.  expenses of litigation.  laws.  provisions of any workers' compensation statute or similar act.  incurred by counsel of City's choice.  11. INSURANCE  11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement. Such insurance shall be of the types and in the  -5-    amounts as set forth below:  11.1.1 Comprehensive General Liability Insurance with coverage limits ofi notl less than One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, death, loss underground! hazard, and explosion and collapse hazard where applicable. General Liability coverage shall be amended sO that Consultant andi its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. Coverage shall be at least as broad as Insurance Services Office form no. GL 0002 (Ed. 01/96) covering Comprehensive General Liability and Insurance Services Office form no. GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage l'occurrence")Form no. CG0001. 11.1.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000); per incident. Coverage shall be at least as broad as the coverage described in Insurance Services Office Form Number CA 0001 (Ed. 12/93) covering Automobile Liability, Code 1 "any auto", or Code 2 "owned autos" and Endorsement CA 0025. Coverage shall also include Code 8 "hired autos" 11.1.3 WorkersCompensation insurance if and as required by the laws oft the State 11.1.4 Professional Errors and Omissions Insurance with coverage limits of not 11.2 Consultant shall require each ofi its subcontractors to maintain insurance coverages 11.3 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 11.4 Consultant agrees that ifi it does not keep the aforesaid insurance in full force and effect this Agreement, at City's option, shall immediately terminate. 11.5 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates ofinsurance showing that the policies required by this Agreement are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as additional insureds. Consultant shall file with City's] Risk Manager such certificate(s): prior to  and Code 9 "nonowned autos."  of California.  less than One Million Dollars ($1,000,000). that meet all of the requirements of this Agreement.  edition of Best's Insurance Guide.  commencement of work under this Agreement.  -6-    11.6 Consultant shall provide prooft to the City's) Risk Manager that policies ofi insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage atl least two weeks 11.7 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 of the 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. Consultant agrees to require its insurer to modify the certificates ofi insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the words "endeavor to" with 11.8 The insurance provided by Consultant 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 Consultant's 11.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant's employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of 11.10 Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing 11.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify,  prior to the expiration of the coverages.  regard to any notice provisions.  insurance and shall not contribute withi it.  subrogation against the City.  payment of losses and expenses.  hold harmless and defend under Section 10 of this Agreement.  12. MUTUAL COOPERATION  12.1 Citys shall provide Consultant with all pertinent data, documents and otherrequested information as is reasonably available for the proper performance of Consultant's 12.2 Ifany claim or action is brought against City relating to Consultant's performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.  services under this Agreement.  -7-    13. RECORDS AND INSPECTIONS  Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement. for. a 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  Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant's 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  Anynotices, 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 Consultant's 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).  Ift to City: City of Bradbury 600 Winston Avenue Bradbury, CA91008 Attn: Kevin Kearney Telephone: (626)358-3218 Facsimile: (626)303-5154 With a courtesy copy to: Cary S. Reisman, City Attorney 11355 Olympic Blvd., Suite 300 Los Angeles, CA 90064 Email: cisman@wkklaw.com Telephone: (310)450-9582 Facsimile: (310)450-0506  Ift to Consultant for Environmental Michael Baker International, Inc. 3536 Concours Street, Suite 100 Ontario, CA 91765 Email  Services:  Email- seamsyeaiyphr.huyes Attn: Christine Donoghue  chrstine.donoghucembakenint.com Telephone: (909)974-4900 Facsimile: (909)974-4004  Wallin, Kress, Reisman & Kranitz, LLP If to Consultant for Land Use  Entitlement Processing Services: Michael Baker International, Inc. 3760 Kilroy Airport Way, Suite 270 Long Beach, CA 90806 Attn: Al Warot Email - warot@mbakennti.com Telephone (562)200-7165 Facsimile: (562)200-7166  8-    16. SURVIVING COVENANTS  The parties agree that the covenants contained in Section 9, Section 10, Paragraph 12.2 and Section 13 ofthis Agreement shall survive the expiration or termination of this Agreement.  17. TERMINATION  17.1. City may terminate this Agreement for any reason on five calendar days' written notice to Consultant: for any reason. Consultant may onlyt terminate this Agreement for any reason on thirty calendar days' written notice to City and only for cause. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of 17.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid for work performed in accordance with the terms and conditions of this agreement at the time of termination. Inr no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.  this Agreement.  18. [OMITTED) 19. GENERAL PROVISIONS  19.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or inj 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 under this Agreement to any party other than Consultant. 19.2 In the performance of this Agreement, Consultant 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 disability medical condition or any other 19.3 The captions 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 which it appears, the section or paragraph, and not such heading, shall govern construction of this Agreement. Masculine orf feminine pronouns shalll bes 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 which the context requires such substitution(s). 19.4 The waiver by City or Consultant of any breach of any term, covenant or  unlawful basis.  -9-    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 of this Agreement. No term, covenant or condition oft this Agreement shall. be deemed to. have. been waived by City or Consultant unless. inav writing signed by one authorized to bind thej party asserted tol have consented 19.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City's solej judgment, that such failure was due to causes 19.6 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 ofthe exercise, or thei forbearance from the exercisel byany party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. 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 toj judgment, shall be entitled toitsreasonable courtcosts, including any accountants' and attorneys' fees incurred in such action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction inl Los Angeles County for purposes ofr resolving any dispute or enforcing any obligation arising under this Agreement. 19.7 If any term or provision of 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 tod 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 whichiti is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest 19.8 This Agreement shall be governed and construed in accordance with the laws of  to the waiver.  beyond the reasonable control of Consultant.  extent permitted by law. the State of California.  10-    19.9 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 of 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. Noj prior oral or written agreements are binding upon the parties. Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and  Consultant.  TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized  representatives to execute this Agreement on the dates set forth below.  "City" City ofl Bradbury By:. Richard G. Barakat, Mayor Date:  "Consultant" By:  Michael Baker International, Inc. Name: Robert Schlesinger  Title:. Sr. Vice President Date: 7/12/18 By:.  Attest:  Name: Michae/Tylman Title: Assistant Secretary Date: 7/12/18    Claudia Saldana, City Clerk Approved as to form:  Cary S. Reisman, City Attorney  11    Richard Barakat, Mayor (District. 3) RichardHale, MayorPro Tem (District 1) Monte Lewis, Councils Member District Bruce Cathrop, Council Member (District 4) Elizabeth Bruny, Councils Member (District. 5)  -  2)  BRADBURY  City of Bradbury Agenda Memo  TO: FROM: DATE: SUBJECT:  Honorable Mayor and Members of the City Council  Kevin Kearney, City Manager July 17,2018  AGREEMENT BETWEEN THE CITY OF BRADBURY AND NEVIS CAPITAL, LLC FOR THE PAYMENT OF FEES AND COSTS RELATED TO CONTRACT ENVIRONMENTAL, PLANNING, ENGINEERING AND LEGAL SERVICES FOR INITIAL CONSULTATION ON DEVELOPMENT OF CHADWICK RANCH  ESTATES  ATTACHMENTS: 1. Agreement between City of Bradbury and Nevis Capital, LLC.  SUMMARY  The developer for the Chadwick Ranch Estates development project, Nevis Capital, LLC, desires initial consultation with City Staff and Michael Baker International on their development project. As a result, the attached contract between the City and Nevis Itis is recommended that the City Council adopt the agreement between the City of  Capital, LLC outlines terms for such consultation services.  Bradbury and Nevis Capital, LLC.  DISCUSSION  Nevis Capital, LLC ("developer") owns three parcels of property consisting of approximately 111 acres int the City of Bradbury, known as Chadwick Ranch Estates. The developer has filed an application for development of the property and desires to develop the area into fifteen (15) residential properties. Before embarking on a full environmental review process, the developer desires initial consultation services of City Staff.  FOR CITY COUNCIL AGENDA 7-17  AGENDA ITEM # I.F    Agreement between the City of Bradbury and Nevis Capital, LLC for initial consultation  services fori the Chadwick Ranch Project  Page 2 of2  Because the City does not have sufficient resources to provide initial consultation services, to prepare or review environmental documentation and related studies, reports and analysis, and to process the development, the City has determined it is in its best interest to engage Michael Baker International to assist with the development as the City's Section 2.07.330(b)(2) of the Bradbury Municipal Code authorizes the City to directly engage Michael Baker International without going out for a new Request for Proposal. Michael Baker International is the City's Environmental and Planning Consultant for the development of the neighboring property, Oak View Estates. Use of Michael Baker International will ensure consistency between the two analyses and provide an economy of scale, as some analysis from the Oak View Estates project will be applicable to the Chadwick Ranch Estates project. Additionally, the Oak View Estates project will need to The City believes that it is in the public interest for the developer to pay for the described services in the agreement. Pursuant to the agreement, the developer will be required to make a sizable deposit within ten (10) business days - July 31, 2018 = of execution and delivery of the agreement. The City will draw down upon the deposit when services are  Environmental and Planning Consultant.  be examined as a cumulative project with the Chadwick project.  utilized.  FINANCIAL ANALYSIS  As part of the agreement, the developer agrees to pay for all professional costs and expenses related to the initial consultation up to a maximum of fifteen thousand dollars ($15,000). Since services utilized as part of this agreement will be paid for by the developer's deposit, the agreement poses no significant financial impact to the City.  STAFF RECOMMENDATION Bradbury and Nevis Capital, LLC.  Iti is recommended that the City Council adopt the agreement between the City of    ATTACHMENT  #1    AGREEMENT  BETWEEN THE CITY OF BRADBURY AND NEVIS CAPITAL, LLC FOR THE PAYMENT OF FEES AND COSTS RELATED1 TO CONTRACT ENVIRONMENTAL, PLANNING, ENGINEERING AND LEGAL SERVICES FOR INITIAL CONSULATION ON DEVELOPMENT OF CHADWICK This Agreement ("Agreement") is entered into as of. July 17, 2018, by and between the City of Bradbury, California, a General Law city and municipal corporation ("City"), 1. Recitals. This Agreement is made with reference to the following facts and A. Developer owns three parcels of real property ("Property") consisting of approximately 111 acres in the City of Bradbury, known as Chadwick Ranch Estates. B. Developer has filed applications to develop the Property with a residential development consisting of fifteen (15) residential properties; the applications include a Specific Plan, Zoning Code Amendment, Zone Change and tract map to divide the three existing parcels into fifteen residential lots (the "Project"). Additionally, environmental review will have tol be conducted under the Californial Environmental Quality Act("CEQA") and the appropriate environmental document (the Environmental Document") will have C. City does not have sufficient resources to prepare or review the Environmental Document and related studies, reports and analyses, and to process the Project. In order for City to process the Project, City will need to hire a contract environmental consultant. Additionally, the Project will require the services of a planner (which services will be provided by the City's contract planner and MBI personnel), as well as engineering, landscape architecture and legal services, to be provided by the City's contract engineer, contract landscape architect and contract City Attomey firm, D. City has determined that it is in its best interests to engage Michael Baker International (MBI) to assist with the Project as they are the City's Environmental and Planning Consultant for the development of the neighboring property (Oak View Estates). Use of MBI will ensure consistency between the two analyses and provide an economy of scale as some analysis from the Oak' View Estates project will be applicable tot this project. Additionally, the Oak' View Estates project will need tol be examined as a cumulative project E. Cityinitially provided Developer with a proposed reimbursement agreement tod cover environmental consulting and contract services for the entirety of the project in F. Before Developer undertakes development of the Project, provides the required deposits, and expends the amounts required by the initial Reimbursement  RANCH ESTATES  and Nevis Capital, LLC ('Developer"), who agree as foliows:  circumstances:  to be prepared and reviewed.  respectively.  with the Chadwick project. the amount of $219,200.  1    Agreement, Developer desires to engage in preliminary review and consultation with the  City and its Consultants regarding the feasibility of the Project.  G. City believes it is in the public interest for Developer to pay for the above- H. Developer desires to move forward with the initial consultation for its  described Services.  Project subject tot the reimbursement obligations set forth herein. 2. Agreement to Pay for Initial Consultation.  Developer agrees to pay for all professional costs and expenses related to the Initial Consultation as provided fori int this Agreement up toa ar maximum oft fifteen thousand  dollars ($15,000.00).  3.  Environmental Consultant Costs.  MBI will provide Initial Consultation Services relating to environmental issues at the  rate of $170/hour.  4. Other Contract Services.  The City's contract City Attomey firm, contract planner, contract landscape architect and contract engineer will provide Services in connection with this Project, on anhourlyb basis. The City's contract City Attomeyfi firm's hourly billing rate for reimbursable services is three hundred dollars ($300.00) per hour for any work completed prior to July 1, 2018 and three hundred and fifteen dollars ($315.00) per hour for work completed thereafter. The contract City planner's hourly rate is One Hundred Sixty Five Dollars ($165.00), the landscape architect's rate is One Hundred Twenty Dollars ($120.00) and the contract engineer's hourly rate is One Hundred Forty-Seven Dollars ($147.00) per hour. The rates for the planning services to be provided by MBI are One Hundred Fifly- five Dollars ($155) per hour for the Lead Land Use Entitlement Manager and Eighty-Five  Dollars ($85) per hourt for land use entitlement technical support staff.  5. Deposits.  A. Within ten (10) Business Days of execution and delivery of this Agreement by all parties, Developer agrees to deposit with City the sum of fifteen thousand dollars B. Itis understood and agreed that the deposit provided by Developer shall cover reimbursement for expenses already incurred by City relating tot the Project from the time the initial application was submitted to the City on March 7, 2018 to the present which totals the sum of one thousand dollars and seventy-seven dollars and fifty cents C. City shall provide Developer with monthly statements of draws against this deposit, accompanied by invoices, time records, or other reasonable back-up therefor.  ($15,000.00) for Initial Consulting Services.  ($1,077.50).  2    City may redact bills if necessary to maintain attorney-client confidentiality or work- product privilege, but a general summary of attorney work and hours shall be provided. D. Developer understands that no Initial Consultation work will take place on E. The deposit will be placed ina anon-interest bearing trust account. Developer understands and agrees that City will not pay interest to Developer on the deposit, and Developer will not seeki interest payments from City on any unused portion of the deposit. F. No later than forty (40) days after the earliest to occur of: (1) Developer notifies City in writing of its intent to process the application and enters into a reimbursement agreement for such services, (2) Developer notifies City in writing of its withdrawal of the Project applications, or (3) the Project is otherwise abandoned, City will provide Developer with a final accounting of costs and expenses, accompanied by invoices, time records or other reasonable back-up therefor, which accounting the Developer agrees will be conclusive, in the absence of manifest error. Should the total reimbursement. amount required for any Services be less than the total amount deposited byD Developerwith respecttosuchs Services, Citywillrefund: anyremaining deposit amount relating to such Services to Developer within forty-five (45) days after determining the 6. Other Costs. Developer acknowledges that the cost of the Initial Consulting services does not include all application, permitting, inspection, or other fees which may be charged by City in connection with the Project. To the extent the fees ordinarily charged by City for projects similar tot the Project relate to costs that are not reimbursed under this Agreement, such fees shall be separately paid in accordance with the relevant  this project until the deposit is made.  final reimbursement amount for such Services.  City fee schedule.  7. Independence of Consultants.  A. During the term of this Agreement, Developer will not directly or indirectly enter or propose to enter into any financial or business relationship with any of City's  consultants that are working on the Project.  B. Developer herebya acknowledges and agrees as follows: independent contractors are assigned to work on Developer'sa application;  City has sole discretion to select which of its employees or City has sole discretion to determine which persons City will hire as As between City and Developer, City has sole discretion to direct the  ii. ii.  consultants to work on Developer's application.  work and evaluate the performance of the consultants whom the City hires to work on Developer's application. City retains the right to terminate or replace at any time any  consultant who is assigned to work on Developer's application.  3    iv. V.  City has sole discretion to determine the amount of compensation City, not Developer, shall pay. consultants hired or assigned by City  paid to consultants hired by City to work on Developer's application.  to work on Developer's application from a deposit account under the exclusive control of City, which is to be funded by Developer as set forth in this Agreement. C. Neither Developer nor its officers, employees or agents, shall communicate with MBI's environmental consultant team during the term oft this Agreement without prior approval of the City, unless such communication is initiated by MBI to obtain information about the Project which is needed to prepare the Environmental Document. 8. Term and Termination. Absent a formal withdrawal of the Project application(s), Developer shall not be entitled to terminate this Agreement. The term of this Agreement shall commence upon the execution and delivery of this Agreement by all parties hereto and shall terminate on the earliest to occur of: (a) Developer notifying the City in writing thati ity wishes to move forward with the project; or O)Developernotiying the Cityi in writing 9. Compliance with Law. Developer will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local laws now in force, or which may 10. Waiver of Breach. Any express or implied waiver of a breach of any term of this Agreement will not constitute a waiver of anyfurther breach of the same or any other term 11. Notices. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing and will be deemed received on: () the day of deliveryi if delivered by hand, e-mail (with confirmation of receiving party) and fax (both email and fax required for notices delivered by email or fax), or overnight courier service, during regular business hours; or (ii) on the third business day following deposit, with postage prepaid, in the United States Postal Service and addressed to the contracting parties if sent by United States Mail. Name, address, telephone numbers, and e-mail addresses of the Parties for notice are as follows:  that it formally withdraws its Project applications.  hereafter be in force, pertaining to this Agreement.  of this Agreement.  4    City:  City of Bradbury 600 Winston. Ave. Bradbury, CA91008 Attention: Kevin Keamey, City Manager Telephone: 626/358-3218 Email: kearney@cityofbradbury.org City Attorney, City of Bradbury 11355 Olympic Boulevard, Suite 300 Los Angeles, CAS 90064 Telephone: (310)450-9582 Fax: (310)450-9586 E-mail: cary@wkrklaw.com Nevis Capital, LLC 335 N. Berry Street Brea, CA 92821 Telephone: (714)990-5677 Email: efi@nevishomes.com  A Copy to: Cary S. Reisman  Developer: Jeff Lee  Either party may change its address for the purpose of this section by giving written notice 12. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to. the applicable rules of interpretation of contracts under the law of the State 13. Business Day. For purposes of this Agreement, "Business Day" means any day other than a Saturday, Sunday, at federal holiday, or a day on which City Hall fort the Cityo of 14. Successors. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the respective parties hereto. However, this Agreement shall not be assigned by Developer in whole or in part without the prior written consent of City. 15. Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action  of the change to the other party.  of Califoria.  Bradburyi is closed for the conduct of regular business.  involving this Agreement will be in Los Angeles County.  5    16. Partial Invalidity. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of 17. Integration. This instrument constitutes the sole agreement between City and Developer respecting the above matters, and correctly sets forth the obligations of City and Developer. Any Agreements or representations by City to Developer not expressly 18. Construction. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party, whether or not that party drafted all or a portion hereof. 19. AuthortlyModification, Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Agreement on behalf of such party and to engage in the actions of such party described herein. This Agreement may be modified solely by written amendment signed by both City and Developer. City's City Manager, or designee, may execute any such amendment on 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument INV WITNESS WHEREOF the parties hereto have executed this Agreement as oft the day  this Agreement will remain in effect, unimpaired by the holding.  set forth ini this instrument are void.  behalf of City.  executed on the same date. and year first hereinabove written. CITY OF BRADBURY  By:  Richard G. Barakat Mayor ATTEST: By:  DEVELOPER By:  Claudia Saldana City Clerk  h  APPROVED AS TO FORM:  By:  Cary S. Reisman City Attorney  6    Richard Barakat, Mayor (District. 3) Richards Hale, Mayor Pro-Tem (District 1) Monte Lewis, Councif9Member (District 2) Bruce Cathrop, Councilmember (District 4) Elizabeth Bruny, Councilmember (District. 5)  SECIYOE BRADBURY  City of Bradbury Agenda Memo  TO: FROM: DATE: SUBJECT:  Honorable Mayor and Members of the City Council Scarlett Santos Leon, Management Analyst  July 17, 2018 Protection Plan  AGrant Opportunity for a Bradbury Community Wildfire  SUMMARY  In. June 2018, Staff submitted a Hazard Mitigation Grant Program Notice of Interest to the California Governor's Office of Emergency Responses (Cal OES) requesting grant funds to use toward the development of a California Wildfire Protection Plan. Staff recently received confirmation the proposed plan was determined to be an eligible Hazard Mitigation Grant Program (HMGP) activity and invited the City to develop a full Staff recommends that City Council review this report and direct Staff on how to proceed with the grant to request funding for the development of a CWPP.  subapplication for consideration of HMGP funding.  BACKGROUND  The City Council has expressed the completion of a Community Wildfire Protection Plan (CWPP) to be a City priority since the adoption of the 2014/2015 Work Plan. During the June meeting, the completion of a CWPP was again listed a priority for the A CWPP defines wildfire threat risk areas within and adjacent to the community for interface fires, identifies measures necessary to mitigate those risks (i.e. tree removal, spacing, pruning), and outlines a plan of action and proposed cost to implement these Many cities throughout the State of California, including the cities of La Verne and Monrovia, have opted with creating a CWPP for their respective communities as a  2018/2019 Work Plan.  measures.  FOR CITY COUNCIL AGENDA 7-17  AGENDAITEM # 3    A Grant Opportunity for a Bradbury Community Wildfire Protection Plan  July 17, 2018 Page 2of3  safety measure and to increase the likelihood of receiving State and/or Federal grant A CWPP also has the potential to introduce additional benefits to the community  funds for fire mitigation activities.  including:  Creating a bridge of communication between the City and the Los Angeles County Fire Department (LACFD) to better address fire threats and develop Providing the City's Emergency Response Committee, other community members, and City Staff with the opportunity to form stronger relationships among themselves, with LACFD, with resource management agencies tasked with reducing hazardous fuel, and with other involved stakeholders during the Organizing action plans to mitigate fire hazards tailored to the City's specific  mitigation projects collaboratively;  development process; and,  needs based on the findings from the CWPP.  Developing a CWPP would not only fulfill an item from the City's current Work Plan, it is also consistent with the City's most recent Local Hazard Mitigation Plan (LHMP) which identifies the City at high risk of wildfire probability. As a result, the LHMP suggests the City identify and pursue funding opportunities to develop and implement local and city mitigation activities, and allocate City resources and assistance to develop and Drafting a CWPP without the assistance of a consultant has proven to be a challenge due to the research, data analysis, and mapping requirements that are beyond Staff's expertise. Staff researched the cost to develop a CWPP and found the average cost is  implement local and city mitigation activities.  approximately $60,000. FINANCIAL REVIEW  As part of the Hazard Mitigation Grant Program requirements, activities cannot exceed 75 percent of the total eligible cost and the subapplicant must provide minimum of 25 percent of the total project cost. As a result, should the City Council desire to move forward with the grant application, the City may be required to provide $15,000 in funding and request $45,000 in grant funds to supplement the cost toward a However, the $15,000 may not be an accurate reflection of the amount the City would have to supplement given the grant allows for in-kind contributions, which are non-cash donations of a good or service that can be given a value. Time dedicated by the Los Angeles County Fire Department personnel, City Staff, the Emergency Response Committee, and other community volunteers may be accounted for and used as in-kind donations to reduce the amount of monetary contributions made by the City.  Community Wildfire Protection Plan (CWPP).    A Grant Opportunity for a Bradbury Community Wildfire Protection Plan  July 17, 2018 Page 3of3  The City was notified of the project's eligibility last week and if allowed time to do further research, Staff may be. able. to provide. a more. representative estimate of how much monetary funding the City will need to contribute for the completion of a CWPP by the  August Council meeting. STAFF RECOMMENDATION  Staff recommends that City Council review this report and direct Staff on how to proceed with the grant to request funding for the development of a Community Wildfire  Protection Plan.    Richard Barakat, Mayor( (District. 3) RichardHale, MayorPro Tem (District 1) Monte Lewis, Councif9Member (District 2) Bruce. Lathrop, CouncifMember (District 4) Elizabeth Bruny, Councils Member (District. 5)  BRADBURY  City of Bradbury Agenda Memo  TO: FROM: DATE: SUBJECT:  Honorable Mayor and Members of the City Council  Kevin Kearney, City Manager  July 17, 2018  DISCUSSION ON PROPERTY MAINTENANCE STANDARDS FOR  CONSTRUCTION PROJECTS  ATTACHMENTS: 1. City of San Marino = Notice to Contractors  2. City of San Marino Municipal Code - Maintenance Standards for 3. City of Beverly Hills Municipal Code = Restrictions on Construction 4. City of Bradbury Municipal Code - Property Maintenance  Construction Projects Activity Standards  SUMMARY  Pursuant to a recent Councimember request, this report discusses the City's current property maintenance standards in relation to construction sites and reviews how the Cities of San Marino (Attachment #1 & #2) and Beverly Hills (Attachment #3) address Itis recommended that the City Council review this report and direct Staff on how to proceed. Should there be a desire to amend the City's municipal code, Staff will return  construction sites.  with an ordinance at the next meeting based on the Council's direction.  DISCUSSION  The City has current Property Maintenance Standards (Attachment #4) that address property standards for residential zonings within the City. Typically, these standards are meant to address standards for homes that have already been built and occupied.  FOR CITY COUNCIL AGENDA_ 7-17  AGENDA ITEM #     Discussion on Property Maintenance Standards for Construction Projects  Page 2 of2  Although these standards can be addressed to homes under construction, it could be argued that construction sites do not always apply, simply due to the nature of construction activity. As such, Staff has not been aggressive in applying these standards Other cities, such as San Marino and Beverly Hills, have specific sections in their municipal codes that address property maintenance standards for construction projects. For example, San Marino specifically addresses unsightly materials be screened from public, keeping trash/litter removed from the job site and removed from public view on a daily basis, and maintaining mowing, trimming, weeding and irrigation upkeep throughout the duration oft the construction project, among others. The City of Beverly Hills, in section 5-1-205(B), prohibits persons employed for the purposes of construction, maintenance, or repair work from entering the job site prior to their posted construction hours.  to construction sites.  FINANCIAL ANALYSIS  There is no significant financial impact associated with this report.  STAFF RECOMMENDATION  Itis recommended that the City Council review this report and direct Staff on how to proceed. Should there be a desire to amend the City's municipal code, Staff will return  with an ordinance at the next meeting based on the Council's direction.    : : 1  ATTACHMENT  #1    CITY OF SAN MARINO  NOTICE TO CONTRACTORS  NEW ORDINANCE REGULATING PROPERTY MAINTENANCE FOR  CONSTRUCTION PROJECTS  Effective. July 29, 2013, you will be held accountable to maintain the outward appearance of properties where a building permit has been issued. Please become familiar with the required list of property maintenance standards by reading Ordinance No. 0-13-1273. Copies are available in the Planning and Building Department. The following is an example of some of the new  requirements:  The location and screening of portable toilets  The need to screen construction equipment and materials from public The need to provide healthy landscaping in areas visible from public view The need to install sandbags and/or silt screens during the rainy season Except for interior remodels, the need to install a sign with the  view  Measures needed to protect established trees  Contractor's contact information  The purpose of these requirements is to ensure that the exceptional outward appearance of San Marino's neighborhoods is preserved. All efforts made to  comply with these requirements are greatly appreciated.  Sincerely,  The City ofSan Marino Planning and. Building Department    CITY OF SAN MARINO ORDINANCE NO. 0-13-1273  ANC ORDINANCE OF1 THE CITY COUNTIL OF1 THE CITY OFS SANI MARINO AMENDING' THE CITY CODE BYE ESTABLISHING MINIMUM REQUIRED  PROPERTY MAINTENANCE: STANDARDS FOR CONSTRUCTIONI PROJECTS  THE CITY COUNCIL OF1 THE CITY OFS SAN MARINO HEREBY ORDAINS ASF FOLLOWS: 25.01.08: PROPERTY MAINTENANCE: STANDARDS FOR CONSTRUCTIONI PROJECTS  SECTION1. Section 25.01.080 ofA Article 25, Chapterl loft the San! Marino City Codei is herebya addeda asf follows: Allp projectsf for whicha a valid building permit has beeni issued shall adhere tot thef following maintenance standards:  1. inches. 2. 3. 4.  Exceptf fori interior remodel projects, one sign, visiblet from thes street, must be posted, listinga a contactr name, company, and phone number. Saids signr may bea attachedt toad construction1 fence andr nog greatert thans six (6) squaref feeti ina arear nor have al lengthg greater than 36  Construction materials, equipment, and portable facilities must bes screened from public view.  Construction fencing may! be used ona any construction: site. Thei fencing and anys screening material shall ber maintainedi ing good condition. Opaque, dark greens screening material is preferred. Its shall bet tightlys securedt tot thef fencing, free ofH holes andv without advertising. Portable toiletss shall be placedi int ther reard oft thep property with ar minimum: 10's setback from side yarda andi rear yardp property lines. If existingo conditions prohibit access fort the drop-off ort thes servicing oft the portablet toilet, the unit cank be placedi int thet front yard provided the uniti isp placedr nof further than! 5 fromt thef front oft thel house and: 10' from any sidep property lines. The door opening shall not face either the street or ana adjacent propertya ands shallr remain closeda ata allt times. Portable toilets shall bes screenedi fromp publicy view ata allt times. No more than onet toilets shall beu used per property. Portable toilets shall! bes serviceda ar minimum oft twice av week. Exceptions tot theser requirements Roll-off containers shall bei ing good condition: anda appearance ande emptied ona a regular basis. Containers: shall bep placed onp private property unless ane encroachment permiti is obtained. Under certain circumstances, permits cank bec obtained from thel Police Department for  shall ber reviewed and approved! byt the Planning: and Building Director orh his/her designee. residents' vehicles top park overnight on thes streeti ifther roll-off container occupies the driveway. Allconstruction equipment, storage! bins andp portablet toiletss shall bek keptf free ofg graffiti.  5. 6. 7. 8. 9.  Construction materials, equipment, or debris shall not bep placedo onp public property unless ane encroachment permit hast first been grantedf for such placement from Planning and Building: and the Public Works Department. Conditions may! bei imposedt toe ensure appropriate Any dirt ord debris tracked onto streets ands sidewalks shall ber removedi immediately. Allt trash andl litter ont thej jobs sites shall be  safetys signage, insurance: and bonds. removedi from public viewo ona dailyb basis.  Construction worker vehicles and equipments shall not block publics sidewalks.  10. Existing landscaping shall ber maintained ing goodo conditioni ina areas visiblef from public view, includingt the City parkway area. The property owner ord contractor: shall ber responsible for mowing, trimming, weeding andi irrigating these areas asr needed throughout the duration 11. Av waster management form/plans shall bes submitted at plan checka andp project final whenever thes scope of work forar residential addition of1 1,000s squaref feet orr more; new construction of 1,000 squaref feet orr more; ac demolition project of1 1,000 squaref feet orr more, or 12. Atreep protection plans shall bes submitted at plan check fora alle established1 trees where any construction activityt takes place within 13. Sandbags, silts screens, or anys similar methods arer requiredt tob bei installed ona allp projects duringt the rainys season (October-A April)t to prevento dirt, mud, ando debrisf fromi flowingi intot thes storm drains system. This shall ber required only when thef front, side, orr reary yard 14. AS Storm Water Pollution Prevention! Plan (SWPPP): shall bes submitted tot the Planning andE Building Department during thep plan check process fora allp projects which disturb one or more acres ofs soilo or whose projects disturb lesst thand one acrel buta are part ofal larger common plan ofc development thati int total disturbs one or more acres. Projects include soile excavation, soil grading or other construction: activities  oft the construction project.  tenanti improvement projects 3,000s square feet orr more is proposed.  thec dripl line oft the canopy. landscapingi isn'th beingr maintained.  where soil mayk be displaced during weather events or landscape water run- off.    ATTACHMENT #2    6/29/2018  Sterling Codifiers, Inc.  25.01.08: PROPERTY MAINTENANCE STANDARDS FOR CONSTRUCTION All projects for which a valid building permit has been issued shall adhere to the following  PROJECTS:  maintenance standards:  A. Except for interior remodel projects, one sign, visible from the street, must be posted, listing a contact name, company, and phone number. Said sign may be attached to a construction fence and no greater than six (6) square feet in area nor have a length greater than thirty six inches  (36").  B. Construction materials, equipment, and portable facilities must be screened from public view.  C.C Construction fencing may be used on any construction site. The fencing and any screening material shall be maintained in good condition. Opaque, dark green screening material is preferred. Its shall  be tightly secured to the fencing, free of holes and without advertising.  D. Portable toilets shall be placed in the rear of the property with a minimum ten foot (10') setback from side yard and rear yard property lines. If existing conditions prohibit access for the drop off or the servicing of the portable toilet, the unit can be placed in the front yard provided the unit is placed no farther than five feet (5') from the front of the house and ten feet (10') from any side property lines. The door opening shall not face either the street or an adjacent property and shall remain closed at all times. Portable toilets shall be screened from public view at all times. No more than one toilet shall be used per property. Portable toilets shall be serviced a minimum of twice a week. Exceptions to these requirements shall be reviewed and approved by the Planning and  Building Director or his/her designee.  E. Roll-off containers shall be in good condition and appearance and emptied on a regular basis. Containers shall be placed on private property unless an encroachment permit is obtained. Under certain circumstances, permits can be obtained from the Police Department for residents' vehicles  to park overnight on the street if the roll-off container occupies the driveway.  F.All construction equipment, storage bins and portable toilets shall be kept free of graffiti.  G.C Construction materials, equipment, or debris shall not be placed on public property unless an encroachment permit has first been granted for such placement from Planning and Building and the Public Works Department. Conditions may be imposed to ensure appropriate safety signage,  insurance and bonds.  htp.Nwsteringeolierscomcocebouinéexphp/bok.e-825  1/2    6/29/2018  Sterling Codifiers, Inc.  H. Any dirt or debris tracked onto streets and sidewalks shall be removed immediately. All trash and  litter on the job site shall be removed from public view on a daily basis.  .Construction worker vehicles and equipment shall not block public sidewalks.  J.E Existing landscaping shall be maintained in good condition in areas visible from public view; including the City parkway area. The property owner or contractor shall be responsible for mowing, trimming, weeding and irrigating these areas as needed throughout the duration of the construction  project.  K.A Av waste management form/plan shall be submitted at plan check and project final whenever the scope of work for a residential addition of one thousand (1,000) square feet or more; new construction of one thousand (1,000) square feet or more; a demolition project of one thousand (1,000) square feet or more, or tenant improvement projects of three thousand (3,000) square feet  or more is proposed.  L.At tree protection plan shall be submitted at plan check for all established trees where any  construction activity takes place within the drip line of the canopy.  M. Sandbags, silt screens, or any similar methods are required to be installed on all projects during the rainy season (October through April) to prevent dirt, mud, and debris from flowing into the storm drain system. This shall be required only when the front, side, or rear yard landscaping is not  being maintained.  N.As stormwater pollution prevention plan (SWPPP) shall be submitted to the Planning and Building Department during the plan check process for all projects which disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development thati in total disturbs one or more acres. Projects include soil excavation, soil grading or other construction activities where soil may be displaced during weather events or landscape water  runoff. (Ord. 0-13-1273, 6-28-2013)  ntplNw.sieringeolfieromcoatpoaincexphp7bok.e-a28  2/2    ATTACHMENT  #3    CITYOFBEVERLYHLLS  5-1-205: RESTRICTIONS ON CONSTRUCTION ACTIVITY: E  A. No person shall engage in construction, maintenance or repair work which requires a city permit between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) A.M. of any day, or at any time on a Sunday or public! holiday unless such person has been issued an afterhours construction permit issued pursuant to subsection C of this section. In addition, no person shall engage in such work within a residential zone, or within five hundred feet (500) of a residential zone, at any time on a Saturday unless such person has been issued an afterhours construction permit issued pursuant to subsection C of this section. For the purpose of this section, "public holiday" shall  mean:  1. New Year's Day. 2. Memorial Day. 3. Independence Day. 4. Labor Day. 5. Thanksgiving Day. 6. Christmas Day.  Nothing in this section shall restrict the performance of 'emergency work" as that term is  defined in section 5-1-102 oft this chapter.  B. Noy person employed for the purposes of construction, maintenance, or repair work which requires acity permit shall enter a site on which such work will be done prior to eight o'clock (8:00) A.M. C. The city building official, after consultation with appropriate city officials, may issue an afterhours construction permit authorizing work and/or entrance to a work site otherwise prohibited by this section ift the city building official determines that the publici interest will bes served by such a permit. Situations in which the public interest may be served by the issuance of such an afterhours construction permit includes, but are not limited to, construction near school grounds, and construction that may interfere with vehicular or pedestrian traffic in heavily traveled public rights D. Applications for an afterhours construction permit issued pursuant to subsection C of this section shall be in writing and shall set forth how the public interest will be served by issuing the permit. An afterhours construction permit may be revoked or suspended by the city building official if the city! building official determines that activity conducted pursuant to the permit detrimentally affects  Any violation oft this subsection shall be deemed to be an infraction.  ofway.  the public health, safety or welfare. (Ord. 11-0-2613, eff. 10-31-2011)    - : b :  1  :  ATTACHMENT  #4    7/11/2018  Bradbury, CA Code of Ordinances  CHAPTER 109. - PROPERTY MAINTENANCE STANDARDS  Sec. 9.109.010. - Purpose.  The purpose of this chapter is to provide minimum standards by which the property within the City shall be maintained in order to protect the public health and welfare; safeguard life, health and property,  and to preserve the character of the City. (Ord. No. 29.59060010.3202907  Sec. 9.109.020. Applicability.  The property maintenance standards provided in this chapter are intended to apply to all property located ini the various zoning districts within the City. The term "public right-of-way" as used herein, includes any private property within the confines of a Community Services District or Homeowners Association  serving the same purpose as a public right-of-way.  (Ord. No. 297,59 9.06.060.020, 3-20-2007; Ord. No.355, $1,5-15-2018)  Sec. 9.109.030. - Single-family property maintenance standards; public nuisance declared.  Iti is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such manner that any of the following  conditions are found to exist thereon:  (1) Unsafe buildings. Buildings or structures which are structurally unsafe or which are not provided with adequate egress or which constitute a fire hazard; or which are otherwise dangerous to human life; or which, in relation to existing use, constitute al hazard to safety or health or public welfare by reason ofi inadequate maintenance, dilapidation, obsolescence or abandonment. Buildings or structures maintained in violation of the (2) Unsafe land. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to (3) Fire hazard. Premises maintained sO as to constitute a fire hazard by reason of woods, (4) Abandoned buildings. Buildings which are abandoned, boarded up, partially destroyed, or permitted to remain unreasonably in a state of partial construction; (5) Unpainted. buildings. Unpainted buildings or buildings with peeling or deteriorating  City's building code;  the public health, safety and welfare or to adjacent properties;  rank overgrowth or accumulation of debris;  1/4    7/11/2018  Bradbury, CA Code of Ordinances  paint allowing the effects of sun or water to penetrate sO as to cause or permit dry rot, (6) Hazardous windows. Broken windows constituting hazardous conditions and inviting (7) Fences or walls. Fences or exterior walls which are unsafe or in a state of disrepair.  decay, cracking, warping or termite infestation; trespassers and malicious mischief;  (8) Overgrown vegetation. Overgrown vegetation:  a. Likely to harbor rats, vermin or other nuisances; or b. Causing detriment to neighboring properties or property values;  (9) Hazardous vegetation. Dead, decayed, diseased or hazardous trees, weeds and other  vegetation:  a. Dangerous to public safety and welfare; or b. Detrimental to nearby property or property values;  (10) Front yard storage. Trailers, campers, boats, recreational vehicles, construction equipment or other mobile equipment stored or parked for more than seven consecutive days, or more than 14 days in any calendar year, in the fronty yard areas on (11) Motor vehicles. Motor vehicles stored in required yard areas abutting public or private streets and causing or likely to cause depreciation of nearby property values which  any premises;  vehicles are: a. Inoperable; b. Abandoned; Wrecked; d. Dismantled; or  e. - Operable, but: stored for unreasonable periods of time without being driven. (12) Unpaved, parking. Any vehicle parking on unpaved areas which are not designed as (13) Attractive nuisance. Attractive nuisances dangerous to children in the form of;  driveways, visible from the public right-of-way. a. Abandoned and broken equipment; b. Hazardous pools, ponds and excavations; and  Neglected machinery;  (14) Discarded furniture. Broken or discarded furniture and household equipment in front yard areas or visible from the public right-of-way for unreasonable periods and causing  damage or detriment to neighboring properties; (15) Clotheslines. Clotheslines in front yard areas;  (16) Garbage containers. Garbage cans stored in front or side yards or visible from publicor private streets, except when lawfully placed for collection at the times permitted  2/4    7/11/2018  Bradbury, CA Code of Ordinances  therefor;  (17) Boxes and debris. Packing boxes and other debris stored in yards and visible from public or private streets for unreasonable periods, and causing detriment to  neighboring properties; a. To: spite neighbors; b. To influence zone changes; or  (18) Neglected premises. Neglect of premises:  To cause detrimental effect upon nearby property or property values;  (19) Public right-of-way. Conditions not comporting with safe, clean, orderly, or sanitary  maintenance on or adjacent to any public right-of-way, such as:  a. Any dirt, litter, debris, rubbish, weed or any other kind of waste or unsanitary b. Any curb cut or driveway approach, or portion thereof, which is no longer needed orv which no longer provides vehicular access to the adjacent premises; C. Any curb, sidewalk, parkway, or driveway which is cracked, broken, or otherwise in  material of any kind;  need of repair, replacement, or maintenance.  (20) Lack of maintenance. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare ori in such manner as to constitute: a (21) Unsightly property. Property maintained in such condition as to become sO defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially (22) Premises out ofharmony. Maintenance of premises sO out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties; (23) Depreciated value effect. Property maintained (in relation to others) sO as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services  public nuisance as defined by Civil Code S 3480;  detrimental to proximal properties and improvements;  rendered therein;  (24) Oversize vehicles. The parking of an oversize vehicle, for more than seven consecutive days, or more than 14 days in any calendar year, in the front yard is prohibited; provided, however, that this provision shall not apply to the parking of a currently registered oversize vehicle in any area of the front yard that the Planning Commission  3/4    7/11/2018  Bradbury, CAC Code of Ordinances  has determined to be appropriately located and designed for such activity. As used in this provision, the term l"oversize vehicle" means a vehicle that exceeds either 20 feet in  length, 80 inches in width, or 82 inches in height.  (Ord. No. 297, S 49 9.06.060.030, 3-20-2007; Ord. No. 320,51,7-19-2011; Ord. No. 351, $1,1-16-2018; Ord. No. State Law reference- List of conditions that endanger health, safety, and welfare of occupants sO as to  355,52,5-15-2018)  deem the structure a substandard building, Health and Safety Code S 17920.3.  Sec. 9.109.040. - Maintenance of unoccupied residential property.  (a) Arranging for water and landscaping services. Ini the event the City Manager becomes aware that a residence is unoccupied and that water service to the property has been disconnected, the City Manager shall notify the property owner that the City will arrange for water and landscape maintenance services (hereinafter 'services") to be provided to the property at the property owner's expense within seven days unless the property owner provides the City Manager with evidence prior to said date that the owner has made satisfactory arrangements for such services. If the City Manager institutes such services as the property owner's expense, the City Manager shall send a notice to the property owner SO indicating and estimating the monthly cost of said services. The notice shall provide that the owner may (b) Termination of services. The property owner, at any time, may request a hearing before the City Manager to show that the owner has made arrangements for providing the services. The City Manager shall provide the owner with written notice of the City Manager's decision. If the City Manager finds that the owner has made satisfactory arrangements to provide such (c) Appeal to City Council. The property owner may appeal to the City Council the City Manager's decision to impose services pursuant to subsection A oft this Section or to continue such (d) Ifthe City Council declares the property a public nuisance, the City may recover its costs  appeal the City Manager's decision to the City Council.  services, the City-supplied services shall be terminated.  services pursuant to subsection B of this Section.  pursuant to the provisions of Chapter 9.115 oft this Code.  (Ord. No.355, $3, 5-15-2018)  4/4    Richard Barakat, Mayor (District 3) RichardHale, Mayor Pro Tem (District 1) Monte. Lewis, Councils Member (District 2) Bruce Lathrog, Council Member (District 4) Elizabeth Bruny, CouncilMember (District5)  BRADBURY  City of Bradbury Agenda Memo  TO: FROM: DATE: SUBJECT:  Honorable Mayor and Members of the City Council  Kevin Kearney, City Manager  July 17,2018  DISCUSSION ON THE IMPLEMENTATION OF PROPERTY  MAINTENANCE STANDARDS  ATTACHMENTS: 1. Bradbury Municipal Code - Property Maintenance Standards  SUMMARY  Pursuant to a Councimember request, this item initiates a discussion with the Council on their comfortability with enforcing certain property maintenance standards and arranging  for water and landscape services for unoccupied residential properties.  STAFF RECOMMENDATION  Itis recommended that the City Council discuss this report and direct Staff on how to  proceed.  FOR CITY COUNCIL AGENDA 7-17  AGENDA ITEM # 5     s  : *  ATTACHMENT  #1    CHAPTER 109. - PROPERTY MAINTENANCE STANDARDS  Sec. 9.109.010.- Purpose.  The purpose of this chapter is to provide minimum standards by which the property within the City shall be maintained in order to protect the public health and welfare; safeguard life, health and property,  and to preserve the character of the City. (Ord. No. 297, $906060010,320200) Sec. 9.109.020.  Applicability.  The property maintenance standards provided in this chapter are intended to apply to all property located in the various zoning districts within the City. The term "public right-of-way" as used herein, includes any private property within the confines of a Community Services District or Homeowners  Association serving the same purpose as a public right-of-way.  (Ord. No. 297, $ 9.06.060.020, 3-20-2007; Ord. No. 355, $ 1,5-15-2018) Sec. 9.109.030. - Single-family property maintenance standards; public nuisance declared.  Itis hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such manner that any of the (1) Unsafe buildings. Buildings or structures which are structurally unsafe or which are not provided with adequate egress or which constitute a fire hazard; or which are otherwise dangerous to human life; or which, in relation to existing use, constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Buildings or structures maintained in violation of the City's building code; (2) Unsafe land. Land, the topography, geology or configuration of which, whether in natural state oras a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public health, safety and (3) Fire hazard. Premises maintained sO as to constitute a fire hazard by reason of woods, rank (4) Abandoned buildings. Buildings which are abandoned, boarded up, partially destroyed, or (5) Unpainted buildings. Unpainted buildings or buildings with peeling or deteriorating paint allowing the effects of sun or water to penetrate sO as to cause or permit dry rot, decay, (6) Hazardous windows. Broken windows constituting hazardous conditions and inviting (7) Fences or walls. Fences or exterior walls which are unsafe or in a state of disrepair.  following conditions are found to exist thereon:  welfare or to adjacent properties; overgrowth or accumulation of debris;  permitted to remain unreasonably in a state of partial construction;  cracking, warping or termite infestation; trespassers and malicious mischief; (8) Overgrown vegetation. Overgrown vegetation: a. Likely to harbor rats, vermin or other nuisances; or b. Causing detriment to neighboring properties or property values;  (9) Hazardous vegetation. Dead, decayed, diseased or hazardous trees, weeds and other  vegetation:    a. Dangerous to public safety and welfare; or D. Detrimental to nearby property or property values;  (10) Front yard storage. Trailers, campers, boats, recreational vehicles, construction equipment or other mobile equipment stored or parked for more than seven consecutive days, or more than (11) Motor vehicles. Motor vehicles stored in required yard areas abutting public or private streets and causing or likely to cause depreciation of nearby property values which vehicles are:  14 days in any calendar year, in the front yard areas on any premises;  a. Inoperable; b. Abandoned; . Wrecked; d. Dismantled; or  e. Operable, but stored for unreasonable periods of time without being driven. (12) Unpaved parking. Any vehicle parking on unpaved areas which are not designed as (13) Attractive nuisance. Attractive nuisances dangerous to children in thet form of;  driveways, visible from the public right-of-way. a. Abandoned and broken equipment; b. Hazardous pools, ponds and excavations; and Neglected machinery;  (14) Discarded furniture. Broken or discarded furniture and household equipment in front yard areas or visible from the public right-of-way for unreasonable periods and causing damage or (16) Garbage containers. Garbage cans stored in front or side yards or visible from public or private streets, except when lawfully placed for collection at the times permitted therefor; (17) Boxes and debris. Packing boxes and other debris stored in yards and visible from public or private streets for unreasonable periods, and causing detriment to neighboring properties;  detriment to neighboring properties; (15) Clotheslines. Clotheslines in front yard areas;  (18) Neglected premises. Neglect of premises: a. Tos spite neighbors; b. Toi influence zone changes; or  Tocause detrimental effect upon nearby property or property values; maintenance on or adjacent to any public right-of-way, such as:  (19) Public right-of-way. Conditions not comporting with safe, clean, orderly, or sanitary a. Any dirt, litter, debris, rubbish, weed or any other kind of waste or unsanitary material of b. Any curb cut or driveway approach, or portion thereof, which is no longer needed or which C. Any curb, sidewalk, parkway, or driveway which is cracked, broken, or otherwise in need of (20) Lack of maintenance. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as  any kind;  no longer provides vehicular access to the adjacent premises;  repair, replacement, or maintenance.  defined by Civil Code S 3480;    (21) Unsightly property. Property maintained in such condition as to become SO defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially detrimental to (22) Premises out of harmony. Maintenance of premises sO out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the (23) Depreciated value effect. Property maintained (in relation to others) sO as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein; (24) Oversize vehicles. The parking of an oversize vehicle, for more than seven consecutive days, or more than 14 days in any calendar year, in the front yard is prohibited; provided, however, that this provision shall not apply to the parking of a currently registered oversize vehicle in any area of the front yard that the Planning Commission has determined to be appropriately located and designed for such activity. As used in this provision, the term "oversize vehicle" means a vehicle that exceeds either 201 feeti in length, 80 inches in width, or 82 inches in height. (Ord. No. 297, $ 9.06.060.030, 3-20-2007; Ord. No. 320, $1,7-19-2011; Ord. No. 351, $1,1- Statel Law reference- List of conditions that endanger health, safety, and welfare of occupants sO as to deem the structure a substandard building, Health and Safety Code $ 17920.3.  proximal properties and improvements;  enjoyment, use, or property values of such adjacent properties;  16-2018; Ord. No. 355, $ 2, 5-15-2018)  Sec. 9.109.040. Maintenance of unoccupied residential property.  (a) Arranging for water and landscaping services. In the event the City Manager becomes aware that a residence is unoccupied and that water service to the property has been disconnected, the City Manager shall notify the property owner that the City will arrange for water and landscape maintenance services (hereinafter "services") to be provided to the property at the property owner's expense within seven days unless the property owner provides the City Manager with evidence prior to said date that the owner has made satisfactory arrangements for such services. If the City Manager institutes such services as the property owner's expense, the City Manager shall send a notice to the property owner sO indicating and estimating the monthly cost of said services. The notice shall provide that the owner may appeal the City Manager's decision to the City Council. (b) Termination of services. The property owner, at any time, may request a hearing before the City Manager to show that the owner has made arrangements for providing the services. The City Manager shall provide the owner with written notice of the City Manager's decision. If the City Manager finds that the owner has made satisfactory arrangements to provide such services, the (C) Appeal to City Council. The property owner may appeal to the City Council the City Manager's decision to impose services pursuant to subsection A of this Section or to continue such services (d) Ift the City Council declares the property a public nuisance, the City may recover its costs pursuant  City-supplied services shall be terminated. pursuant to subsection B of this Section. tot the provisions of Chapter 9.115 of this Code.  (Ord.No. 355.53,5-15-2018)    RichardBarakat, Mayor (District. 3) RichardHale, Mayor Pro Tem (District 1) Monte. Lewis, Council Member (District Bruce Lathrop, Council Member (District 4) Elizabeth Bruny, Councilg Member District. 5)  -    2)  BRADBURY  City of Bradbury Agenda Memo  TO: FROM: DATE: SUBJECT:  Honorable Mayor and Members of the City Council  Kevin Kearney, City Manager  July 17, 2018  CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 3 OF TITLE II OF THE BRADBURY MUNICIPAL CODE ALTERING THE SECTIONS OF MEMBERS AND ORGANIZATION  ATTACHMENTS: 1. Ordinance No. 357  2. Current Municipal Code  SUMMARY  Pursuant to a recent Councimember request, the attached Ordinance No. 357 alters the current Bradbury Municipal Code sections 2.04.210 and 2.04.250 which includes a nepotism regulation for the Planning Commission and a rotation schedule for the Commission. The ordinance additionally cleans up language in the Planning Commission membership and alters the rotation date from April to June of each year, which coincides Staff recommends that the City Council, introduce, waive reading in full, and authorize reading by title only of Ordinance No. 357, and set the second reading; and read the title of Ordinance No. 357, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE REGARDING  with the City Council's new consolidated election and rotation schedule.  THE BRADBURY PLANNING COMMISSION."  DISCUSSION  The proposed ordinance affects the City's current municipal code by altering Section 2.04.210 (Members) by including a nepotism regulation which would prevent a Commissioner from being appointed to the Planning Commission if they have a relative or household member living under the same room who is currently serving as a City  FOR CITY COUNCIL AGENDA 7-17  AGENDA ITEM # 6    Planning Commission Membership and Organization  Page 2of2  Council member or is employed by the City. The section is also updated to reflect more The proposed ordinance also affects the City's current municipal code by altering Section 2.04.250 (Organization) by setting a rotation schedule for Planning Commissioners. As opposed to Commissioners electing their Chair, the proposed ordinance would create a scheduled rotation of the Chair and Vice Chair based on seniority. Although the rotation would have a set rotational schedule, the proposed ordinance does allow for a Commissioner to decline to serve as a Vice Chair, if desired. Additionally, the proposed ordinance alters the rotation date from April to June of each year, which coincides with  current language.  the City Council's new consolidated election and rotational schedule.  FINANCIAL ANALYSIS  There is no significant financial impact associated with the proposed ordinance.  STAFF RECOMMENDATION  Staff recommends that the City Council, introduce, waive reading in full, and authorize reading by title only of Ordinance No. 357, and set the second reading; and read the title of Ordinance No. 357, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE REGARDING  THE BRADBURY PLANNING COMMISSION."        s 5 S  ATTACHMENT  #1    ORDINANCE NO.357  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE REGARDING THE BRADBURY PLANNING  COMMISSION  THE CITY COUNCIL OF THE CITY OF BRADBURY DOES ORDAINS AS Section 1. Chapter 3 ofTitle II of the Bradbury Municipal Code is hereby amended in  FOLLOWS:  the following respects:  Section 2.04.2101 is hereby revised to read as follows:  Sec. 2.04.210. Members.  The Planning Commission shall consist of a total of five members, comprised of one person from each oft the Councilmanic districts, who shall be qualified electors of the City. Upon the expiration ofat term, successors shall be appointed for ai term oftwo years. Ifa vacancy shall occur other than by expiration of a term, it shall be filled by appointment for the unexpired portion of the term. Members ofthel Planning Commission shall be appointed by the respective member of the Council from the district for which the member of the Planning Commission is to be selected, with the approval oft the City Council. No member of the Planning Commission shall hold any paid office or employment in the City Government. All persons appointed shall be registered voters of the City and shall maintain their principal place of residence within the City at the time of their appointment. If at any time during their term any Planning Commissioner shall cease to be an elector oft the City or shall cease to maintain their principal place ofr residence within the City, then such person shall become ineligible to continue to serve as a member of the Commission and said position shall be declared vacant by the City Council. No individual shall be eligible to serveon the Planning Commission who has a spouse, household member living under the same roof, or designated relative (parent, step-parent, grandparent, child, sister, brother, niece, nephew, uncle, or aunt ofthe individual or of the individual's spouse), currently serving as ai member of the City Council, or employed as the city manager, city clerk, management analyst, city attorney, code enforcement officer, building official, city engineer or equivalent for the City of Bradbury.  1-    Section 2.04.250 is hereby revised to read as follows:  Sec. 2.04.250. Organization.  The Planning Commission shall select its Chairperson and Vice-Chairperson at its first regular meeting in the month of June of each year from among its appointed members for a term of one year and, subject to other provisions of law. The Planning Commission vice chair shall become the chair, and the most senior member ofthe Planning Commission who has not previously served in as chair, shall be selected as vice chair. Ifall members have previously served as chair, or the most senior member declines to serve as vice chair, then the member whose service as Chair was thel least recent shall be: selected. The Planning Commission shall hold at least one: regular meeting each month if there is any significant business to conduct. It shall adopt rules for transaction of business and shall keep a record of the resolutions, transactions, findings and determinations,  which record shall be aj public record.  Section 2. Ifany provision of this Ordinance is held to be unconstitutional, it is the intent oft the City Council that such portion of this Ordinance be severable from the remainder and that  the remainder be given full force and effect.  Section 3. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED this day of  2018.  Richard G. Barakat Mayor  ATTEST: Claudia Saldana City Clerk  STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BRADBURY  ) ) SS.  I,Claudia Saldana, City Clerk oft the City ofBradbury, dol hereby certify that the foregoing ordinance, being Ordinancel No. 357, was duly passed by the City Council oft the City of Bradbury, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 21S day of August, 2018, that it was duly posted and that the same was  passed and adopted by the following vote, to wit:  AYES: NOES: ABSENT:  -2-    Claudia Saldana City Clerk City of Bradbury  -  -  -3-    :  -  ATTACHMENT  #2    City of Bradbury- = Current Municipal Code  ARTICLE II.- PLANNING COMMISSIONI Sec. 2.04.210.- - Members.  The Planning Commission shall consist of a total of five members, comprised of one person from each of the Councilmanic districts prescribed in Exhibits "A" and "B" attached to the ordinance from which Section 2.01.040 is derived, who shall be qualified electors oft the City and who may be persons who hold an office or a position with the City. Upon the expiration of a term, successors shall be appointed for a term of two years. If a vacancy shall occur other than by expiration of a term, it shall be filled by appointment for the unexpired portion of the term. Members of the Planning Commission shall be appointed by the respective member of the Council from the district for which the member of the Planning Commission is to be selected, with the approval of the City Council. Vacancies to the Planning Commission from Districts 1, 3 and 5 shall be filled at the first regular Council meeting in March 1979 and every two years thereafter. Vacancies to the Planning Commission from Districts 2 and 4 shall be filled at the first regular Council meeting in September 1980 and every two years thereafter. In the event that appointments are not sO made, the members of the Planning Commission then in office shall continue to hold office until their successors are appointed and sworn. Members of the Planning Commission currently holding office at the date of adoption of the ordinance from which this article is derived shall  continue to hold office until their successors are appointed as provided for herein.  (Prior Code, $ 2411) Sec. 2.04.250. - Organization.  The Planning Commission shall elect its chairperson at its first regular meeting in the month of April of each year from among its appointed members for at term of one year and, subject to other provisions of law, may create and fill such other offices as it may determine. The Planning Commission shall hold at least one regular meeting each month. It shall adopt rules for transaction of business and shall keep a record of the resolutions, transactions, findings and determinations, which record shall be a public record.    RichardBarakat, Mayor (District. 3) RichardHale, Mayor Pro Tem (District 1) Monte. Lewis, Council Member (District 2) Bruce Lathrop, Council Member (District 4) Elizabeth Bruny, CouncifMember (District. 5)  C  BRADBURY  City of Bradbury Agenda Memo  TO: FROM: DATE: SUBJECT:  Honorable Mayor and Members of the City Council  Kevin Kearney, City Manager  July 17, 2018 RETREAT  DISCUSSION ON THE JOINT COUNCIL & PLANNING COMMISSON  SUMMARY  A joint City Council and Planning Commission retreat was scheduled on Saturday, January 20, 2018. Unfortunately, a majority of the Planning Commission was unavailable Itis recommended that the City Council discuss the retreat, and provide direction to Staff  to attend the retreat. Subsequently, the retreat was cancelled.  on how to proceed. DISCUSSION  The City Council had previously decided to hold a half-day City Council & Planning Commission Retreat at the Canyon Park Cabin in Monrovia on Saturday, January 20, 2018. Unfortunately, the majority of the Planning Commission had either provided advanced notice ofunavailabiity or had advised of their unavallability a day or two before Itis recommended that the City Council discuss on how to proceed with the retreat  the event. As a result, the retreat was cancelled.  FINANCIAL ANALYSIS  Should a retreat be held at Monrovia's Canyon Park Cabin, there would be no cost for facilities rentals. If the retreat were to be held elsewhere, facilities rental fees would be dependent on the location. There would be a minimal cost for breakfast or refreshments,  depending on the length and time of the meeting.  FOR CITY COUNCIL AGENDA 717  AGENDA ITEM # 7    Discussion on the Joint City Council & Planning Commission Retreat  Page 2 of2  STAFF RECOMMENDATION on how to proceed.  Iti is recommended that the City Council discuss the retreat, and provide direction to Staff