E BRADBURY AGENDA Regular Meeting of the Bradbury City Council To be held on Tuesday, December 17, 2019 Closed Session Immediately Following 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 City Council at the same meeting. CALL TO ORDERIPLEDGE OF ALLEGIANCE ROLL CALL Mayor Hale, Mayor Pro-Tem Lewis, Councilmembers Bruny, and Lathrop and Barakat APPROVAL OF THE. AGENDA Majority vote of the City Council to proceed with City business DISCLOSURE OF ITEMS REQUIRED BY GOVERNMENT CODE SECTION 1090 & 81000 ET. SEQ. PUBLIC COMMENT (3) minutes. Anyone wishing to address the City Council on any matter that is not on the agenda for a public hearing may do. so att this time. Please state your name and address clearly for the record and limit your remarks to three Please note that while the City Council values your comments, the City Council cannot respond nor take action Routine requests for action should be referred to City staff during normal business hours, 8:30 am - 5:00 pm, The City of Bradbury will gladly accommodate disabled persons wishing to communicate ata a City public meeting. Ify you require special assistance to participate in this meeting, please call the City Manager's Office at (626)3 358- until sucht time as the matter may appear on a forthcoming agenda. Monday through Friday, at (626) 358-3218. 3218 atl 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 1of3 CCAgenda121719 A. Minutes - Regular Meeting of November 17,2019 B. Resolution No. 19-30: Demands and' Warrants for December 2019 C. Monthly Investment Report fort ther month of October 2019 D. Agreement for Government Relations Advocacy Services with Best Best & Krieger, LLP E. Contractual Changes to Include al Fire Analysis Study fort the Chadwick Ranch Estates Development F. Approval of DUDEK's Consultant Services Proposal for the Development ofal Wildfire Protection Plan G. Resolution No. 19-31: Providing fort the Appointment tot the Offices of this City that weret to be elected on Tuesday, March 3, 2020 2. Discussion on Altering the City's Overnight Parking Regulations The City originally discussed altering the City's overnight parking restrictions during the October meeting. The City Council directed staff to solicit feedback from residents bordering the potentially affected streets. This item reports the results of the resident feedback, and recommends the City Council direct Staff on how to proceed. Discussions on Regulations for Ground Cover 3. At the October meeting, the City Council directed Staff to agendize an item for discussion on Citywide regulations for ground cover. Potential language has been drafted and is ready for review. If the City Council desires to move forward with ground cover regulations, Staff would Urgency Ordinance for Accessory Dwelling Units and Junior Accessory In 2019, a number of bills were enacted relating to Accessory Dwelling Units and Junior Accessory Dwelling Units. These bills restrict local control and mandate new requirements. Staff is recommending adoption of Urgency Ordinance No. 368U to comply with the new state law. Public hearings on this issue will be held before the Planning Commission and City return at a subsequent meeting with an Ordinance for review and approval. 4. Dwelling Units Council ini the early part of 2020. Matters from the City Manager Matters from the City Attorney Matters from the City Council 5. 6. 7. Brief reports of individual Councilmembers activities relating to City business occurring since the last meeting. Mayor Hale Mayor Pro-Tem 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 Page 2of3 CC Agenda121719 Councilmember Barakat LA County Sanitation Districts LA County City Selection Committee San Gabriel Valley Council of Governments (SGVCOG) San Gabriel Valley Mosquito & Vector Control District Foothill Transit 8. Items for Future Agendas CLOSED SESSION CALLTOORDERIROLLCALL Mayor Hale, Pro-Tem Lewis, Councilmembers Barakat, Bruny and Lathrop PUBLIC COMMENT- - REGARDING CLOSED SESSION ONLY RECESS TO CLOSED SESSION REGARDING BUILDING & SAFETY EVALUATION A. Public Employee Performance Evaluation Government Code Section 54957 (b)(4) Title: City Planner RECONVENE TO OPEN SESSION AND ANNOUNCE ANY ACTION TAKEN 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 "1, Claudia Saldana, City Clerk, hereby certify that I caused this agenda to be posted at the CA91008 on Tuesday, January 21, 2020 at 7:00 p.m. information on each item may be procured from City Hall. Bradbury City Hall entrance gate on Friday, December 13, 2019, at 5:00p.m." Claudia Bllona CITY CLERK - CITY OF BRADBURY Page3 3of3 CC Agenda121719 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, NOVEMBER 19, 2019 MEETING CALLED TO ORDER: The Regular Meeting of the City Council of the City of Bradbury was called to order by Mayor Hale at 7:00 p.m. followed by the PRESENT: Mayor Hale, Councilmembers Bruny and Lathrop ABSENT: Mayor Pro-Tem Lewis and Councilmember Barakat STAFF: City Manager Kearney, City Attorney Reisman, City Clerk Saldana and Management Analyst Santos Leon Mayor Hale made a motion to excuse Mayor Pro-Tem Lewis and Councimember Barakat from the meeting. Councilmember Councilmember Bruny made a motion to approve the agenda to proceed with City business. Councilmember Lathrop Inc compliance with the California Political Reform Act, each City Councilmember has the responsibility to disclose direct or indirect potential for a personal financial impact as a result of participation in the decision-making process concerning City Manager Kearney stated that he was not aware of any Pledge of Allegiance. ROLL CALL: MOTION TO EXCUSE MPT LEWIS AND COUNCILMEMBER BARAKAT: APPROVAL OF AGENDA: Bruny seconded the motion, which carried. seconded the motion which carried. DISCLOSURE OF ITEMS REQUIRED BY GOV.C CODE SECTION 1090 & 81000 ETSEQ,: agenda items. conflicts of interest. None PUBLIC COMMENT: CONSENT CALENDAR: All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless 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 A. Minutes - Regular Meeting of October 15, 2019 B. Resolution No. 19-29: Demands & Warrants for November 2019 C. Monthly Investment Report for the month of October 2019 D. Appointment of Councimember Barakatt tot the San Gabriel Valley Mosquito & Vector Control District Board ofl Trustees E. Agreement for Government Relations Advocacy Services with F. Approval ofF Final Parcel Map No. 72325 with a Categorical Exemption under the California Environmental Quality Act (CEQA) foraT Two-From-One Lot Splita at 147 Sawpitl Lane G. LA County Fire Grant- -L Letter of Support adopt." Best Best & Krieger, LLP Minutes CC Meeting November 19, 2019 Page 1of7 ITEM A (MINUTES) PULLED FROM THE CONSENT CALENDAR: Councimember Lathrop had a correction on page 3 of the minutes. The letter regarding overnight parking regulations should be sent to the residents of all affected streets, not just Inr regards to offering the paper copies of building permits to homeowners following the digitization process, Councilmember Lathrop wanted to confirm that the City Council agreed to that In regards to the Agreement for Government Relations Advocacy Services with Best Best & Krieger, LLP Councimember Lathrop had some concerns regarding the termination provisions and wanted to make sure that the City of Bradbury could terminate the agreement at any time. City Attorney Reisman pointed to the Termination Clause on page 5 of the Agreement which states: "Each client has the absolute right to terminate the Firm regardless of what the other joint Councimember Lathrop suggested language be added to the agreement stating that Bradbury would only be liable fori its own share in case one of the other cities does not pay its share. City Attorney Reisman stated that he did not think such Councimember Lathrop made a motion to approve the Agreement for Government Relations Advocacy Services with Best Best & Krieger, LLP with the modification that Bradbury would only be liable for its own share in case one of the other cities does not pay its share. Mayor Hale and Council Bruny did Mayor Hale made a substitute motion to approve the Agreement for Government Relations Advocacy Services with Best Best & Krieger, LLP as written. Councimember Bruny the R-75,00 Zone. at the last meeting. The answer was yes. ITEM El PULLED FROM' THE CONSENT CALENDAR: client(s) may decide." additional language was necessary. MOTION TO APPROVE ITEM E WITH AMENDMENT: not feel that this was necessary. MOTION TO APPROVE ITEM E AS WRITTEN: seconded the motion. AYES: Mayor Hale, Councilmember Bruny NOES: Councilmember Lathrop ABSENT: Mayor Pro-Tem Lewis, Councimember Barakat City Attorney Reisman stated that the motion needs to be unanimous (3:0) in order to pass because it involves expenditures. The item will be back on the December Agenda Councilmember Lathrop made a motion to approve the Consent Calendar (minus Item E) as amended (Minutes). Councilmember Bruny seconded the motion, which was carried AYES: Mayor Hale, Councilmember Bruny and Lathrop ABSENT: Mayor Pro-Tem Lewis and Councilmember Barakat ROLL CALL VOTE: for approval. MOTION TO APPROVE CONSENT CALENDAR: APPROVED: by the following roll call vote: NOES: None Motion passed 3:0 Minutes CC Meeting November 19, 2019 Page 2 of7 CONSULTANT SERVICES AGREEMENT WITH REVIZE FOR WEBSITE DEVELOPMENT AND ANNUAL SUBSCRIPTION SERVICES: Management Analyst Santos Leon stated that the City's website is a vital resource, acting as a public counter able to provide information and services to the community 24 hours a day, 7 days a week. Increasingly, individuals are coming to expect a wide variety of services online, making it crucial to continually evaluate and align this resource to meet citizen The City's website has not been updated since it was first developed and thus does not meet current ADA laws and regulations in relation to websites. In the same way that the State requires buildings to provide accessibility to people in wheelchairs, it is also required of organizations in the public sector to make websites accessible to users who rely on devices like screen readers and voice recognition software. Ino order to reach ADA compliance, websites must meet the expectations. following criteria: 1. Content is Perceivable hearing, and/or touch. 2. Content is Robust Web Content is made available to the senses sight, Content can be interpreted by a wide variety of user agents, including assistive technologies. 3. Information is Understandable Information and user interface operation is easy to understand. 4. Functions are Operable Interface forms, controls, and navigation are all easily operable. Staff sought out proposals from consultants for the development of a new ADA compliant City website. Based on the proposals and reference checks, staff is recommending Revize Software Systems as the best partner to develop a new City website and provide support on an ongoing basis. Revize is a national award-winning vendor that has been providing website design and support services for 20 years with over 1,500 sites launched during this time. Most recent clients include the cities of San Marino, Arcadia, and Rolling Hills, which is currently in the development process. Revize offers a Web Content Management System (CMS) which enables clients to manage their online presence with high functionality and style. Additional features and modules include: a new and improved Online Calendar, the comprehensive Forms Center, Emergency Alerts, E-Notifications, Document Center and Revize uses an eight-phase process to develop a new website: (1) Project Planning and Analysis, Scope of Work; (2) Discovery and Design from Scratch; (3&4) Revize Template Development; (5) Testing; website to new website; PROPSALS: REVIZE SOFTWARE SYSTEMS: Online Payment Tool. DEVELOPMENT PROCESS: (6) Site map development and content migrations from old Minutes CC Meeting November 19,2019 Page3of7 (7) Content editing and site administration training; (8) Go live, where testing is completed and the new website becomes available to the community. The entire process will take approximately 16 to 21 weeks to The setup fees for the creation of the website is estimated at $8,400 and provides for one year of ongoing technical support and secure hosting services. Each subsequent year will cost an annual fee of $1,800, and Revize offers at free website redesign The City has budgeted $20,000 in the Technology Fee Fund toward the development of a new City website. The initial cost of$8,400, which includes the website development and first 12 months of service, are to be taken out of the Technology Fee Fund (Account 113-20-7730). During the next budgeting cycle, staff will determine from which line item the yearly $1,800 will be expended, whether it be from the General Fund or the Itis recommended that the City Council approve the consultant services agreement with Revize Software Systems for the development of a new ADA compliant City website and annual subscription services, which includes hosting, maintenance, Councilmember Bruny made a motion to approve the consultant services agreement with Revize Software Systems for the development of a new ADA compliant City website and annual subscription service. Councilmember Lathrop seconded the motion, which was carried by the following roll call vote: AYES: Mayor Hale, Councilmembers Bruny and Lathrop ABSENT: Mayor Pro-Tem Hale, Councimember Barakat City Manager Kearney stated that staff has fielded interest from Ordinance to restrict construction on all federal holidays. Bradbury Municipal Code (BMC) Section 9.127.080 details when noise from construction related activities can take place. Currently, operating mechanically powered equipment, construction and demolition work cannot be performed on the complete. FINANCIAL ANALYSIS: after four years of servicel restricted Technology Fund. RECOMMENDATION: and support. MOTION: APPROVED: NOES: None Motion passed 3:0 ORDINANCE NO. 367 AMENDING THE CONSIDERED HOLIDAYS IN THE CITY'S NOISE ORDINANCE: BMC TO SPECIFY THE DAYS THAT ARE a member of the City Council to amend the City's Noise following holidays: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Minutes CC Meeting November 19, 2019 Page 4 of7 Ordinance No. 367 would expand upon the current holidays to restrict construction related noise to all federal holidays, including: Martin Luther King, Jr's Birthday Presidents Day Columbus Day Veterans Day RECOMMENDATION: Should the City Council desire to restrict construction noise during all federal holidays, it is recommended that Council introduce for first reading, by title only, Ordinance No. 367: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE TO SPECIFY THE DAYS THAT ARE CONSIDERED HOLIDAYS IN THE CITY'SI NOISE ORDINANCE Mayor Hale asked ift the restriction needs to be citywide, or can it be by District? City Manager Kearney stated that it should be citywide to avoid confusion. Mayor Hale and Councimember Bruny were not in favor of amending the City's current Noise Ordinance. Councilmember Lathrop stated that he was ok with The City Council took no further action on this item. No motion City Manager Kearney stated that at the October meeting, the City Council directed staff to agendize an item for discussion on Staff has been working in conjunction with Councimember Lathrop to draft initial language to assist with the facilitation ofa discussion on ground cover regulations. Overall, the language outlines where ground covering might be expected and details exclusions. For example, the language defines ground covering as "properly maintained vegetative growth, decorative rock, artificial turf, or fire-resistant bark or wood mulch." It also provides for exclusions, such as not requiring ground covering inan area that has equestrian training and stables, as these Another exclusion is not requiring ground cover for terrain with hillside slopes in excess of 25%. Typically, turf is not recommended for slopes over 15-20% due to irrigation runoff and difficulty in mowing/maintaining. These proposed guide- lines would exclude hillside areas from needing ground cover Itis recommended that the City Council review the drafted language and determine if any changes are needed. Should the City Council desire to proceed with ground cover regulations, staff would return at a subsequent meeting with an Ordinance for review and approval. The City Council postponed the discussion to the December meeting when the full Council will be present. DISCUSSION: itasitis. was required. NO ACTION TAKEN: DISCUSSION ON REGULATIONS FOR GROUND COVER: citywide regulations for ground cover. areas typically have dirt. for visual appeal purposes. RECOMMENDTION: DISCUSSION ON REGULATIONS FOR GROUND COVER POSTPONED: Minutes CC Meeting November 19, 2019 Page 5 of7 DISCUSSION ON A. JOINT CITY COUNCIL City Manager Kearney stated that the City Council has set AND PLANNING COMMISSION RETREAT: Saturday, December 14, 2019 to hold a joint City Council and Planning Commission Retreat at Monrovia's Canyon Park Itis recommended that the City Council decide upon a time for the retreat and determine what should be discussed during the Councilmember Bruny proposed to review the priorities of the City and to bring new Planning Commissioners up to speed. Itv was decided that 3 hours should be enough time with no facilitator this time. Breakfast will be provided, but not lunch. The meeting time was seti for 8:00 am to 11:00 am. City Manager Kearney stated that the City Council needs to have a Special Meeting before Thanksgiving to adopt new contracts for the Chadwick Ranch Estates Development. The Special Meeting will be held on Monday, November 25, 2019. Staff will contact Council the next day to determine the time. City Manager Kearney stated that the City is going to solicit Cal-Recycle bids in the amount of $5,000 just like we did in City Manager Kearney stated that his son is scheduled for heart surgery on January 21, 2020, the same day as the regular City Council meeting. The City Council decided to hold the meeting one week earlier on Tuesday, January 14, 2020. City Attorney Reisman reported that new State laws regarding accessory dwelling units will goi into effect on January 1, 2020. The City Council directed the City Attorney Reisman to draft an urgency ordinance for adoption at the December meeting to City Attorney Reisman also reported that the cities of Gardena and Duarte were successful in their lawsuit against the State Cabin facility. meeting. RECOMMENDATION: DISCUSSION: MATTERS FROM THE CITY MANAGER: previous years. MATTERS FROM THE CITY ATTORNEY: retain local control. Water Resources Control Board. MATTERS FROM THE CITY COUNCIL: MAYOR HALE: MAYOR PRO-TEM LEWIS: COUNCILMEMBER BRUNY: COUNCILMEMBER LATHROP: COUNCILMEMBER BARAKAT: ITEMS FORI FUTURE AGENDAS: Nothing to report Not present Nothing to report Councilmember Lathrop stated that the Duarte Education Foundation Fundraiser Dinner on October 19th raised $10,000. Urgency Ordinance regarding Accessory Dwelling Units Not present Minutes CC Meeting November 19, 2019 Page 6 of7 ADJOURNMENT: At 7:43 p.m. Mayor Hale adjourned the meeting to Tuesday, December 17, 2019 at7:00 p.m. MAYOR- CITY OF BRADBURY ATTEST: CITY CLERK - CITY OF BRADBURY Minutes CC Meeting November 19, 2019 Page 7of7 RESOLUTION NO. 19-30 AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, PRE-RELEASED CHECKS) (REGULAR CHECKS) APPROVING DEMANDS AND WARRANTS NO. 15750 THROUGH NO. 15767 AND DEMANDS AND WARRANTS NO. 15768 THROUGH NO. 15786 The City Council of the City of Bradbury does hereby resolve as follows: Section 1. That the demands as set forth hereinafter are approved and warrants authorized to be drawn for payment from said demands in the amount of $2,530.56 (pre-released Checks) and $59,383.44 at December 17, 20191 from the General Checking Account. PRE-RELEASED CHECKS (due before City Council Meeting): Check Name and (Due Date) 15750 City of Monrovia (12/14/19) 15751 Molly Maid (11/18/19) (11/20/19) (12/3/19) Description Amount $997.40 $105.00 $106.25 CSO onsite for Film Detail 11/15 to 11/19 (to be reimbursed by Production Company) Acct. #101-00-4360 City Hall Cleaning Service for Nov 13 Acct. #101-16-6460 Acct. #101-23-7450 600 Winston Ave Acct. #101-16-6400 301 Mt Olive Dr Irrigation 2410 Mt Olive Ln Irrigation 2256 Gardi Street Acct. #200-48-6400 Acct. #101-12-6020 Acct. #101-12-6020 Spectrum Business Internet Acct. #101-16-6230 Daily (Parking) Citation Processing Acct. #101-23-6210 15752 Denram Graphics & Printing Administrative Citations (1000) 15753 California American Water Water Service for: $11.07 $82.64 $60.82 $46.95 $201.48 $30.00 $30.00 $124.98 $0.65 15754 SGV City Managers Assoc. Annual Holiday Luncheon on 12/18 15755 SGV City Managers Assoc. City Managers' Luncheon on 11/20 (12/12/19) (11/26/19) 15756 Time Warner Cable (12/10/19) 15757 Data Ticket (12/2/19) Reso. No. 19-30 Page 1of7 December 17, 2019 Check Name and (Due Date) 15758 Molly Maid (12/4/19) 15759 Delta Dental (12/1/19) Description Amount $105.00 City Hall Cleaning Service for Nov 27 Acct. #101-16-6460 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 Acct. #101-16-6400 Acct. #200-48-6400 City Hall Utilities Acct. #101-16-6400 Office Supplies Acct. #101-16-6200 Acct. #101-23-7420 Tested one (1) Backflow Device Location: Mt. Olive/Gardi Acct. #101-21-7035 $131.43 $42.88 $42.88 $61.07 $23.66 $23.66 $9.25 $9.25 $9.25 $217.19 15760 Vision Service Plan (12/1/19) $108.39 15761 The Standard (12/1/19) $27.75 $191.73 $29.33 $14.79 $61.90 $120.72 $58.00 15762 Southern California Edison City Hall Utilities (12/12/19) (12/12/19) (12/16/19) (11/15/19) (12/16/19) (11/27/19) 15763 Southern California Edison Street Lights for Mt. Olive/Gardi 15764 The Gas Company 15765 Staples Credit Plan 15766 Frontier Communications Telephone Service (fire alarm line) 15767 Arroyo Plumbing, Inc. Total Pre-Released Checks $2,530.56 Reso. No. 19-30 Page 2of7 December 17,2019 REGULAR CHECKS: Check Name and Description Amount (Due Date) Kranitz, LLP (12/10/19) 15768 Wallin, Kress, Reisman & City Attorney: Retainer for Nov 2019 Retainer for Dec 2019 Acct. #101-15-7020 Chadwick Ranch Acct. #103-00-2039 Code Enforcement (425 Mt Olive) Acct. #101-23-7450 Mileage Reimbursement Acct. #101-12-6050 Monthly Cell Phone Allowance Acct. #101-12-6440 Acct. #103-00-2039 $2,650.00 $2,650.00 $2,015.00 $110.00 $7,425.00 15769 Kevin Kearney (12/9/19) 15770 Kevin Kearney (Dec 2019) (11/27/19) (11/13 & 12/5/19) (11/30/19) 15774 Post Alarm Systems (12/5/19) 15775 Priority Landscape Services, LLC (12/1/19) $484.42 $75.00 $9,280.00 15771 Michael Baker International Chadwick Ranch Estates Project 15772 City of Monrovia Nov 2019 Transportation Services Dec 2019 Transportation Services Acct. #203-40-7625 Acct. #101-25-7000 City Hall Monitoring for Jan 2020 Fire & Intrusion Systems Acct. #101-23-7420 Dec 2019 Landscape Services: 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 10-Gallon Steel DOGIPOT Trash Receptacle with one (1) box of DOGIPOTI Liner Trash Bags Acct. #1012-42-7630 $704.07 $704.07 $1,408.14 $1,625.54 $122.34 15773 Pasadena Humane Society Animal Control Services for Nov 2019 $175.00 $345.00 $115.00 $465.00 $1,100.00 15776 ProPet Distributors (12/5/19) $209.90 Reso. No. 19-30 Page 3of7 December 17,2019 Check Name and Description Amount (Due Date) (11/13/19 (11/14/19) 15777 RKA Consulting Group 119 Furlong Slope Abatement Acct. #101-19-7230 City Engineering Services Acct. #101-19-7230 Development Projects Acct. #101-19-7230 NPDES Coordination Acct. #102-42-7630 Mileage Reimbursement Acct. #101-16-6050 Acct. #200-48-6410 Publication of Notice of Election Acct. #101-13-6220 Acct. #101-23-7410 State Water Resources Control Board Annual Permit Fee Facility ID: 4 19M1000096 Acct. #102-42-7630 (UUT) Acct. #101-16-6230 Preparation of an EIR Chadwick Estates Ranch Project Acct. #103-00-2039 Kevin Kearney Visa Card: USPS (code enforcement) Acct. 101-23-7450 CCCA City Manager Summit Acct. #101-12-6025 Hilton Santa Barbara Acct. #101-12-6025 $294.00 $294.00 $7,455.00 $105.00 $8,148.00 15778 Scarlett Santos Leon $46.86 $761.78 $314.00 $9,876.78 $2,847.00 (12/5/19) (12/3/19) 15779 Southern California Edison Street Lights 15780 San Gabriel Valley Newspaper Group (11/30/19) (11/8/18) (11/20/19) 15781 LA County Sheriff's Dept. Oct 2019 Law Enforcement Services 15782 SWRCB 15783 TeamLogic IT of Pasadena Computer Services & Supplies $590.00 $4,001.50 (12/1/19) Environmental (10/31/19) Payment Systems (11/22/19) 15784 UltraSystems 15785 U.S. Bank Corporate $18.60 $65.00 $713.07 $796.67 Reso. No. 19-30 Page 4of7 December 17,2019 15785 U.S. Bank Corporate Claudia Saldana Visa Card: Big Lots (Kleenex) Acct. #101-16-6450 USPS (code enforcement) Acct. 101-23-7450 MyFax Acct. 101-16-6230 USPS (code enforcement) Acct. 101-23-7450 Big Lots (paper towels) Acct. #101-16-6450 USPS (code enforcement) Acct. 101-23-7450 Big Lots (bottled water) Acct. #101-16-6450 USPS (stamps) Acct. 101-20-6120 Scarlett Santos Leon' Visa Card: The UPS Store Acct. #113-20-4500 Broadvoice Acct. #101-12-6440 Oct2019 Professional Services: Plan Check Services Acct. #101-20-7220 City Planner (Retainer) Acct. #101-20-7210 City Planner (Hourly) Acct. #101-20-7240 Payment Systems (11/22/19) $6.57 $9.30 $20.00 $8.40 $10.94 $19.40 $4.20 $110.00 $188.81 $52.01 $176.34 $228.35 $2,570.85 $3,900.00 $3,382.50 15785 U.S. Bank Corporate Payment Systems (11/22/19) $1,213.83 15786 VCA Code Group (10/7/19) $9,853.35 $59,383.44 Total Regular Checks PAYROLL for December 2019: ACH Kevin Kearney (Dec 2019) Salary: City Manager Acct. #101-12-5010 Withholdings Acct. #101-00-2011 Salary: City Clerk Acct. #101-13-5010 Withholdings Acct. #101-00-2011 $10,000.00 (2.236.85) $5,118.67 (1,303.81) $7,763.15 ACH Claudia Saldana (Dec 2019) $3,814.86 Reso. No. 19-30 Page 5of7 December 17,2019 ACH Scarlett Santos Leon (Dec 2019) Salary: Management. Analyst Acct. #101-16-5010 Withholdings Acct. #101-00-2011 PERS Employee Share Acct. #101-16-5010 Finance Director (Nov 2019) 9.17 x $82.94/hour Acct. #101-14-5010 Withholdings Acct. #101-00-2011 $4,025.67 (867.46) (271.73) $760.29 (70.31) $2,886.48 ACH Lisa Bailey (Dec 2019) $689.98 Total Payroll $15,154.47 ELECTRONIC FUND TRANSFER (EFT) PAYMENTS for December 2019: EFT Aetna (Dec2019) Health Insurance for Dec 2019: City Manager Acct. #101-12-5100 City Clerk Acct. #101-13-5100 Management Analyst Acct. #101-16-5100 State Tax' Withholdings SDI Acct. #101-00-2011 Federal Tax Withholdings Medicare (Employee's portion of Social Security and Medicare is matched byt the City) Acct. #101-00-2011 City Manager Acct. #101-12-5100 City Clerk Acct. #101-13-5100 Management Analyst Acct. #101-16-5100 Unfunded Accrued Liability UAL Payment (Classic) UAL Payment (Pepra) Acct. #101-16-6240 $1,400.14 $828.64 $372.23 $2,601.01 $743.12 $199.05 $2,013.56 $2,468.18 $577.22 $5,058.96 EFT EFT EDD (Dec2019) Dept. of Treasury (Dec 2019) $942.17 Internal Revenue Service Social Security EFT California PERS (Dec 2019) $1,498.77 $762.61 $552.92 $2,814.30 EFT California PERS (Dec2019) $309.78 $41.81 $351.59 MAYOR- CITY OF BRADBURY Reso. No. 19-30 Page 6of7 December 17,2019 ATTEST: CITY CLERK- - CITY OF BRADBURY ", Claudia Saldana, City Clerk, hereby certify that the foregoing Resolution, being Resolution No. 19-30, was duly adopted by the City Council of the City of Bradbury, California, at a regular meeting held on the 17th day of December, 2019 by the following roll call vote:" AYES: NOES: ABSENT: CITY CLERK - CITY OF BRADBURY Reso. No. 19-30 Page 7of7 December 17,2019 Remit payment andr make checks payablet to: STAPLES CREDITE PLAN DEPT. 11-0005337241 POE BOX 9001036 LOUISVILLE, KY 40290-1036 STAPLES More Account INVOICE DETAIL BILLTO: CIYOFBRADBURY SHIPT TO: BRADBURY CIVIC CENTER 600 WINSTONST BRADBURY CA 91008 Acct: 6011 10005 53372 241 CLAUDIA SALDANA Amount Due: Trans Date: DUE DATE: Invoice #: 2388885571 $42.49 $18.79 -$8.00 $53.28 $5.02 $58.30 Invoice #: 2388885671 $3.29 $3.29 $0.31 $3.60 $58.30 PO: 11/14/19 1.0000EA 1.0000EA 1.0000ST SUBTOTAL TAX TOTAL 12/15/19 Store: 100088887, WESTBORO, MA $42.49 $18.79 -$8.00 PRODUCT STAPLES EASYCLOSE SECURIT 787385 OFFICEMATE CONTEMPORARY2 815964 COUPONDISCOUNT Purchased by: CLAUDIA! SALDANA Order #: 9805364503 SKU# 558100 QUANTITY UNIT PRICE TOTAL PRICE BILLTO: CITY OFE BRADBURY SHIPTO: BRADBURY CIVIC CENTER 600 WINSTONST BRADBURY CA 91008 Acct: 6011 1000 5337: 241 CLAUDIA SALDANA Amount Due: Trans Date: DUE DATE: $3.60 PO: 11/14/19 1.0000 EA SUBTOTAL TAX TOTAL 12/15/19 Store: 100088887, WESTBORO, MA $3.29 U E E a PRODUCT WESTCOTTESTANIESS STEE Purchased by: CLAUDIA SALDANA Order #: 9805364503 SKU# 276188 QUANTITY UNITE PRICE TOTAL PRICE Page 50f6 1-800-669-5285 StaplesCommercialarcountonine.com usbank. U.S BANCORP SERVICE CENTER P.O. Box 6343 Fargo, ND 58125-6343 CITY OF BRADBURY ACCOUNT NUMBER 4248-0448-0277-2711 STATEMENT DATE TOTAL ACTIVITY 11-22-19 $796.67 In'lp" 00000267801 SP 0.560 106481098606102P KEVIN KEARNEY CITY OF BRADBURY 600 WINSTON AVENUE BRADBURY CA 91008-1123 "MEMO STATEMENT ONLY" DO NOT REMIT PAYMENT T NEW ACCOUNT ACTIVITY OST TRAN DATE DATE TRANSACTION DESCRIPTION i0-31 10-30 USPS PO 0522740820 DUARTE CA 11-06 11-05 PAYPAL' *CCCA 402-935-7733 CA 11-18 11-15 HILTON HOTELS SANTA BARBARA CA REFERENCE NUMBER 41974689040029/5805 9402 24.459208998342083 8651 47554289211221007854 3504 713.07 MCC AMOUNT 18.60 65.00 PUR ID: None TAX: 0.00 PUR ID: 36314309 TAX: 0.00 170507 ARRIVAL: 11-15-19 Default Accounting Code: ACCOUNT NUMBER 4246-0446-0277-2711 STATEMENT DATE! DISPUTED AMOUNT 11-22-19 ACCOUNT SUMMARY PREVIOUS BALANCE PURCHASESE OTHER CHARGES CASH ADVANCES CASH ADVANCE FEE CREDITS TOTAL ACTIVITY CUSTOMER SERVICE CALL 800-344-5696 $.00 $796.67 $.00 $.00 $.00 $796.67 $.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 NATIONAL/ 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 11-22-19 $188.81 nln-nl-mln-Piw. 00000267701 SP 0.560 106481098606101P CLAUDIA A SALDANA CITY OF BRADBURY 600 WINSTON AVENUE BRADBURY CA 91008-1123 1ll!"p "MEMO STATEMENT ONLY" DO NOT REMIT PAYMENT DICAS NEW AECOUNT: ACTVTY OST TRAN ATE DATE TRANSACTION DESCRIPTION 0-23 10-22 BIG LOTS STORES #4170 DUARTE CA 0-23 10-22 USPS PO 0522740820 DUARTE CA 0-23 10-23 MYFAX *PROTUS IP SOLN 866-563-9212 CA 0-25 10-24 USPS PO 0522740820 DUARTE CA 1-07 11-06 BIG LOTS STORES #4170 DUARTE CA 1-07 11-06 USPS PO 0522740820 DUARTE CA 1-14 11-13 BIG LOTS STORES #4170 DUARTE CA 1-21 11-20 USPS PO 0522740820 DUARTE CA REFERENCE NUMBER 43/462,83065469.917 5310 4692162.9610208904 5968 49/462200124161312 9402 243748910.0598.07 5310 43/48910002829 9402 43/48220012494586 9402 110.00 MCC AMOUNT 9402 6.57 9.30 20.00 8.40 10.94 19.40 4.20 PUR ID: TAX:0.57 PUR ID: None TAX: 0.00 PUR ID: 33542619 TAX:0.00 PUR ID: None TAX: 0.00 PUR ID: TAX: 0.95 PUR ID: None TAX: 0.00 PUR ID: TAX:0.00 PUR ID: None TAX: 0.00 5310 Default Accounting Code: ACCOUNT NUMBER 4246-0400-80-8040-6665 STATEMENT DATE! DISPUTED. AMOUNT 11-22-19 ACCOUNT SUMMARY PREVIOUS BALANCE PURCHASES & OTHER CHARGES CASH ADVANCES CASH ADVANCEFEE CREDITS TOTAL ACTIVITY CUSTOMER SERVICE CALL 800-344-5696 $.00 $188.81 $.00 $.00 $.00 $188.81 $.00 SEND BILLING INQUIRIES TO: C/O U.S. BANCORP SERVICE CENTER, INC U.S. BANKI NATIONAL. ASSOCIATION P.O. BOX 6335 FARGO, ND5 58125-6335 AMOUNT DUE $0.00 DO NOT REMIT OPYRIGHT 2005 U.S. BANK NATIONAL PAGE10F1 usbank. U.S BANCORP SERVICE CENTER P.O. Box 6343 Fargo, ND 58125-6343 CITY OF BRADBURY ACCOUNT NUMBER 4246-0446-235-1074 STATEMENT DATE TOTAL ACTIVITY 11-22-19 $228.35 hll" 00000267901 SP 0.560 106481098606103P SCARLETT L. SANTOS LEON CITY OF BRADBURY 600 WINSTON AVENUE BRADBURY CA 91008-1123 l "MEMO STATEMENT ONLY" DO NOT REMIT PAYMENT D0L0R - NEW ACCOUNTACIVITYE OST TRAN ATE DATE TRANSACTION DESCRIPTION 1-05 11-04 THE UPS STORE #1831 MONROVIA CA 1-18 11-15 BROADVOICE 888-325-5875 CA REFERENCE NUMBER 24692189050041.27983 7399 24455183100704828013 4814 176.34 MCC AMOUNT 52.01 PUR ID: 073209 TAX:0.00 PUR ID: 0000425560 TAX: 0.00 Default Accounting Code: ACCOUNT NUMBER 4246-04462235-1074 STATEMENT DATE DISPUTED. AMOUNT 11-22-19 ACCOUNT SUMMARY PREVIOUS BALANCE PURCHASES& OTHER CHARGES CASH ADVANCES CASH ADVANCE FEE CREDITS TOTAL ACTIVITY CUSTOMER SERVICE CALL 800-344-5696 $.00 $228.35 $.00 $.00 $.00 $228.35 $.00 SEND BILLING INQUIRIES TO: C/O U.S. BANCORP SERVICE CENTER, INC U.S. BANK NATIONAL ASSOCIATION P.O. BOX 6335 FARGO, ND5 58125-6335 AMOUNT DUE $0.00 DO NOT REMIT OPYRIGHT 2005 U.S. BANK PAGE10F1 E 6 $A 0 8888 6A A Revenues Acct. Number General Fund: 101-00-4010 101-00-4030 101-00-4050 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 101-24-4610 Utility Users Tax 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 2017-18 2018-19 2019-20 2019-20 Account Description Actual YTD 6/30/19 Budget YTD@ @ 11/30/19 Property Tax-Current Secured Property Tax-Current Unsecured Property Tax Prior Year 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 Forfeiture Fines-City Business License Movie & TVI Permits Bedroom License Fee Variances & CUPs Lot! 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 Donations Interest Water Trash Electric Natural Gas UUT Cable Telecom-Minors Telecom-AT&T Telecom-Verizon Telecom-Sprint Nextel 438,658 3,941 10,323 6,624 4,114 18,708 17,722 33,402 2,574 31,388 17,952 31,081 130,646 2,867 21,906 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 20,081 317 4,820 65 56,000 50 471,209 495,000 5,196 1% 89% (62) #DIV/O! 30% 62% 618 41% 56% 0% 23% 0% 0% 0% 64% 0% 46% 8% 44% 0% 102% #DIV/O! 0% 64% 13% 17% 51% 14% 86% 111% 33% 24% 0% 0% 0% 551 18% #DIV/O! 50 50% 500 #DIV/O! 17% 18,096 11,680 6,401 1,962 22,476 18,739 37,159 2,539 37,557 18,652 22,709 137,540 140,000 1,116 21,732 40,611 14,420 1,635 4,844 25,382 7,433 29,086 371 70,777 352 148 4,820 5,783 100 500 16,097 36 18,500 16,407 12,000 3,659 7,500 4,679 1,500 23,000 12,826 19,000 37,000 8,343 2,600 38,000 18,000 14,000 9,003 1,500 2,000 40,700 17,810 15,000 1,600 1,635 5,000 25,000 16,095 5,500 2,793 27,000 3,648 1,050 1,000 1,112 77,712 18,724 400 200 4,820 3,000 100 687 154 30,900 #DIV/O! 236,173 250,000 33,017 159,454 250,000 41,842 900 127,680 135,000 44,982 Total General Fund Revenues 1,598,908 1,559,136 1,672,682 276,069 7,099 47,920 22,991 108,595 14,930 21,642 12,990 434 5,235 991 18,810 1of3 Revenues Acct. Number 102-00-4900 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 200-00-4600 200-48-4260 SB1 Gas Tax Fund: 201-00-4000 201-48-4260 201-00-4600 Prop. Al Fund: 203-40-4260 203-40-4600 Prop. CI Fund: 204-48-4260 204-48-4600 205-48-4260 205-48-4600 Sewer Fund: 206-00-4000 206-50-4600 206-50-4605 206-50-4606 206-50-4730 STPL Fund: 208-00-4260 208-00-4600 2017-18 2018-19 2019-20 2019-20 Account Description Actual YTD 6/30/19 Budget YTD @11/30/19 Reimbursements 364 243,191 10,647 143 10,790 14,646 498 15,144 1,258 1,045 34,031 36,334 16,133 7,027 411 7,438 18,864 894 19,758 1,206 2,313 26,111 29,630 6,623 16,105 331 23,059 22,224 291 22,515 18,434 1,447 19,881 22,637 22,637 13,901 18,810 Long-Term Planning Fee LTP Fee Interest Income Technology Fee Technology Fee Interest Income 8,000 2,013 400 8,400 2,013 18,500 1,829 1,000 19,500 1,829 25% 0% 24% 10% 0% 9% Transfers In TCRA Funds Gas Tax Interest Gas Tax Transfers In Gas Tax Gas Tax Interest #DIV/O! #DIV/O! 33% 33% #DIV/O! 24% #DIV/O! 24% 40% 0% 40% 40% #DIV/O! 40% 0% #DIV/O! 0% 0% 0% #DIV/O! #DIV/O! #DIV/O! 0% 25,000 8,309 25,000 8,309 15,000 3,591 15,000 3,591 23,000 9,254 308 23,308 9,254 19,000 7,676 19,000 7,676 5,000 5,000 600,000 885 Prop. ATransit Funds Prop. ATransit Interest Prop. C Funds Prop. C Interest TDAI Funds TDA Interest Transfers In Sewer Fund Interest Lemon Ave. Assessment Winston. Ave. Assessment Mount Olive Drive Assessment 20,948 95 21,043 17,532 524 18,056 7,362 (2) 7,360 1,100,000 9,700 43,140 1,152,840 Transportation Development Act Fund: 13,901 600,885 STPL Funds STPL Interest 316 316 703 703 #DIV/O! #DIV/O! 2of3 Revenues Acct. Number 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 Measure W Fund 213-48-4260 213-48-4600 215-23-4260 215-23-4600 County Park Grant: 217-00-4210 217-00-4600 219-00-4260 219-00-4270 219-00-4600 2017-18 2018-19 2019-20 2019-20 Account Description Actual YTD6 6/30/19 Budget YTD @ 11/30/19 Recycling Grant Funds Recycling Grant Interest Measure RI Funds Measure RI Interest Measure M Funds Measure M Interest Measure W Funds Measure WI Interest COPs Funds COPS Interest 5,000 90 5,090 13,014 692 13,706 11,795 69 11,864 5,000 201 5,201 13,830 1,767 15,597 15,596 284 15,880 5,000 5,000 15,000 5,753 15,000 5,753 16,500 10,947 16,500 10,947 60,000 60,000 982 0% #DIV/O! 0% 38% #DIV/O! 38% 66% #DIV/O! 66% #DIV/O! 0% 104% 0% 103% Citizen's Option for Public Safety (COPS) Fund: 143,168 1,383 144,551 148,747 100,000 103,527 152,426 100,982 103,527 3,679 County Park Grant Grant Fund Interest Income 85 85 190 190 180 180 0% 0% Fire Safe Grant 14-USFS-SFA-0053: Fire Safe Grant 14-USFS-SFA-0053 HOA Contribution Fire Safe Grant Interest Income 101 101 226 226 215 215 0% 0% 16% Total Revenues 3,279,380 1,924,310 2,605,462 428,968 3of3 Expenditures Amended 2017-18 2018-19 2018-19 2019-20 2019-20 YTD @ 11/30/19 Account Description Actual 1,100,000 3,000 7,662 225 10,887 41,806 2,027 1,130 1,023 900 60,741 24,294 142 473 2,317 87,967 98,509 14,230 1,299 94 1,459 4,726 18,523 350 40,681 29,400 29,400 2,702 1,211 33,313 37,219 9,524 375 195 215 267 1,324 1of4 Budget YTD6/30/19 Budget 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 101-12-6440 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 600,000 4,000 6,000 10,000 46,174 3,500 1,500 1,200 1,000 61,424 24,702 50 275 500 7,000 15,000 15,449 1,371 600 500 4,000 18,000 725 40,645 31,800 5,000 26,000 1,100 63,900 48,308 13,107 1,000 200 1,000 300 300 2,500 0% 0% 6,451 108% 235 #DIV/O! 6,686 67% 50,000 46% 20,185 44% 3,319 95% 122 8% 263 22% 375 38% 74,264 46% 25,593 42% 9,868 40% #DIV/O! #DIV/O! 85 170% 0% 0% 576 8% 0% 36,122 33% 5,059 33% 617 45% 0% 400 80% 1,978 49% 0% 700 97% 8,754 22% 10,600 33% 415 8% 0% 11,015 17% 19,857 41% 6,437 49% 0% 35 18% 0% 5 2% 414 138% 207 8% 3,000 4,700 7,700 42,300 2,500 1,500 1,200 900 59,809 24,100 100 100 150 250 500 1,500 12,000 15,043 1,250 350 2,000 4,600 14,700 350 38,293 6,000 1,000 36,400 47,038 12,700 500 150 500 500 500 2,500 3,000 6,490 1,257 10,747 44,100 3,373 317 1,104 900 59,809 24,706 47 122 7,064 91,748 108,951 15,100 1,116 575 1,141 4,254 17,466 700 40,352 29,400 1,331 1,100 31,831 47,038 12,695 60 388 261 856 2,061 102,500 106,395 106,395 109,268 149,386 154,795 156,189 162,642 101-14-6210 Special Department Supplies 101-14-6230 Contracted Computer Services 101-14-7010 Contracted Banking Services 101-14-7020 Contracted. Audit Services 101-14-7040 GASB Reports City Attorney Division: 101-15-7020 City Attorney Retainer 101-15-7070 City Attorney Special Service 101-15-7075 Development Code Update 101-15-7080 Seminars & Training 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 Expenditures Amended 2017-18 2018-19 2018-19 2019-20 2019-20 YTD @ 11/30/19 0% 3,347 22% 1,758 47% 200 0% 903 18% 19,811 35% 792 18% 699 12% 139 14% 1,930 64% 0% 56,534 34% 22,014 17% #DIV/O! 22,014 17% #DIV/O! (66) -7% 0% 0% 11,700 25% 37,646 15% 8,580 57% 450 #DIV/O! 0% 58,310 17% 2,140 21% 3,613 52% 1,776 18% 1,769 15% 345 1% #DIV/O! 9,643 12% #DIV/O! 29,630 25% 1,191 34% 13,885 231% #DIV/O! 44,706 35% 30 30% 0% 0% 0% 857 #DIV/O! 8 #DIV/O! 0% Account Description Actual 1,622 7,232 2,259 2,216 54,738 2,953 6,714 1,132 2,795 Budget YTD6/30/19 Budget 101-16-6210 Special Departmental Supplies 101-16-6230 Computer & Website Services 101-16-6240 PERS UAL Payment 101-16-6242 PERS SSA218 Annual Fee 101-16-6241 PERS Replacement Benefit Contribution 101-16-6250 Copier & Duplications 101-16-6300 Insurance 101-16-6400 Utilities 101-16-6440 Telephone 101-16-6450 Building Operations 101-16-6460 Building & Cleaning Service 101-16-6470 Maintenance & Supplies Engineering Division: 101-19-7230 Contracted Engineering Services 101-19-7238 Annexation Planning, Zoning & Development Division: 101-20-6020 Meetings & Conferences 101-20-6120 Postage 101-20-6210 Special Department Supplies 101-20-6240 Environmental Filing Fees 101-20-7210 City Planner Retainer 101-20-7220 Contracted Building & Safety 101-20-7240 City Planner Special Service 101-20-7245 General Plan update 101-20-7075 Development Code Update Parks & Landscape Maintenance Division: 101-21-7015 Royal Oaks Trail Maintenance 101-21-7020 City Hall Grounds Maintenance 101-21-7025 Trail Maintenance 101-21-7035 Mt.Olive Entrance & Trail 101-21-7045 Lemon/RO Horse Trail 101-21-7060 Street Tree Trimming Public Safety Division: 101-23-6210 Special Departmental Services 101-23-7410 Contract Services Sheriff 101-23-7420 City Hall Security 101-23-7450 Code Enforcement 101-23-7757 AEDI Purchase Emergency Preparedness Division: 101-24-6010 Seminars & Training 101-24-6020 Meetings & Conferences 101-24-6030 Memberships & Dues 101-24-6100 Events & Awards 101-24-6470 Maintenance & Supplies 101-24-6480 Civic Center Generator 101-55-7030 Hazard Mitigation Plan 101-24-7245 Hazard Mitigation Plan 1,622 18,000 2,068 2,216 47,201 5,000 7,000 1,000 2,500 500 397 10,929 2,068 2,535 6,740 55,553 4,114 4,163 603 2,825 328 500 15,000 3,717 3,000 5,000 56,000 4,500 6,000 1,000 3,000 400 130,780 151,495 153,614 164,832 138,463 125,000 100,399 130,000 197,813 125,000 100,399 130,000 59,350 38 727 430 46,843 18,191 2,160 332 210 46,800 15,592 406 300 500 500 46,800 10,000 406 1,000 500 500 46,800 15,000 26,000 10,000 7,000 10,000 12,000 43,000 82,000 232,115 290,000 199,684 250,000 295,455 348,506 268,073 339,800 7,305 2,670 1,777 7,349 1,380 27,500 11,098 31,579 79,830 10,000 19,830 7,000 5,500 10,000 20,000 2,600 5,600 3,278 13,724 10,780 11,311 7,343 29,197 10,857 83,212 20,336 3,282 11,241 2,863 117,875 113,315 112,465 118,522 124,956 144,793 150,187 128,022 2,582 4,499 3,500 6,000 55 360 869 16 2of4 50 360 2,500 15,000 133 360 2,406 1,191 5,063 100 375 500 5,500 5,000 Expenditures Amended 17,910 4,777 300 5,077 8,700 2017-18 2018-19 2018-19 2019-20 2019-20 YTD @ 11/30/19 895 6,348 6,348 9,349 102% 344,640 4,963 Account Description Actual 1,300 2,745 175 2,920 8,610 Budget YTD6/30/19 Budget 9,153 3,330 200 3,530 4,072 11,475 18,085 300 18,385 9,200 8% 35% 0% 35% Animal & Pest Control Division: 101-25-7000 Animal Control Services 101-25-7010 Pest Control Services Intergovernmental Relations Division: 101-30-6030 Memberships & Dues General Fund Totals 2,215,647 1,217,008 1,103,107 1,869,852 18% 19% #DIV/O! 1,811 18% 0% #DIV/O! #DIV/O! 1,811 6% 4,619 51% 3,055 38% 440 15% 313 8% #DIV/O! 8,427 35% 0% #DIV/O! 0% 31% 31% 0% #DIV/O! 0% #DIV/O! 0% #DIV/O! #DIV/O! #DIV/O! 2,619 #DIV/O! Utility Users Tax Fund: 101-15-7075 NPDES Stormwater Compliance Long Term Planning Fee Fund: Technology Fee Fund: 113-20-4500 Technology expense 113-20-7730 Website 113-20-8120 Capital Equipment-Server & Copier 113-20-4500 Technology expense (e-Plan) 36,081 100,000 1,350 8,631 7,470 16,101 11,272 9,293 1,474 4,071 32,802 8,645 17,495 1,188 18,683 6,623 9,394 8,073 2,126 3,131 26,000 16,677 8,000 24,677 12,000 9,000 2,000 4,000 108,399 110,394 26,110 135,399 139,741 10,000 20,000 30,000 9,000 8,000 3,000 4,000 24,000 19,000 19,000 9,000 9,000 900 19,000 19,900 Gas Tax Fund: 200-48-5000 Transfers Out 200-48-6400 Utilities-Select System 200-48-6410 Street Lights 200-48-7000 PW Contract Services 200-48-7290 Street Sweeping 200-48-7755 City' Wide Slurry Seal SB1 Gas Tax Fund: 201-48-7745 Royal Oaks North Curb Extension 201-48-7755 City' Wide Slurry Seal 203-00-7600 Sale of Prop. AF Funds 203-40-7625 Transit Services 204-20-6030 Memberships & Dues 204-40-7325 Transit Services 204-48-7745 Royai Oaks North Curb Extension 204-48-7755 City Wide Slurry Seal Transportation Development Act Fund: 205-48-7720 Lemon/RO Horse Trail Project 205-00-7760 Return of Funds 21,623 21,623 9,000 9,000 21,623 21,623 8,449 8,449 833 73,867 74,700 22,636 22,636 9,760 Prop. AFund: 80,000 80,000 642 8,449 9,091 7,142 220 7,362 2,816 2,816 Prop. C Fund: 73,867 73,867 30,000 30,000 9,760 Sewer Fund: 206-50-7600 Mt. Olive Drive Sewer Project 3of4 Expenditures Amended 2017-18 2018-19 2018-19 2019-20 2019-20 YTD @ 11/30/19 15,140 5,152 #DIV/O! 22,911 Account Description Actual 13,695 537,807 103,816 25,813 492,582 492,582 143,324 1,040,149 508,613 645,000 Budget YTD 6/30/19 Budget 206-50-7601 Mt. Olive Lane Sewer Project 206-50-7605 Lemon. Ave. Project 206-50-7606 Winston. Ave Project 208-48-7745 Royal Oaks North Curb Extension 208-48-6555 Citywide Slurry Seal 6,271 65,000 580,000 23% 0% 4% #DIV/O! #DIV/O! STPL Fund: 32,774 32,774 32,774 32,774 5,000 49,950 3,990 53,940 4,514 12,066 16,580 Recycling Grant Fund: 209-35-7300 Recycling Education Measure RF Fund: 210-48-7755 City Wide Slurry Seal 210-48-7745 Royal Oaks North Curb Extension 210-00-7760 Return of Funds 212-48-7755 Citywide Slurry Seal 212-48-7745 Royal Oaks North Curb Extension 212-48-7756 Bridge Repair Measure WI Fund 4,500 5,000 14,000 14,000 27,000 27,000 60,000 55,000 0% #DIV/O! 0% #DIV/O! 0% 1,610 #DIV/O! 0% #DIV/O! 1,610 6% 88,763 88,763 4,514 18,900 23,414 Measure MI Fund 213-42-7630 NPDES Stormwater Compliance Citizen's Option for Public Safety (COPS) Fund: 215-23-7410 Contract Services Sheriff 215-23-7411 Contract CSO Services & Supplies 145,020 145,020 95,500 95,500 73,198 100,000 73,198 155,000 50,000 50,000 1,000 438,178 50% 0% 32% County Park Grant: 217-21-7650 Civic Center Park Total Expenditures 2,684,586 2,892,174 2,120,491 2,903,752 15% 4of4 RichardTale, Jr., Mayor (District 1) Monte Lewis, Mayor Po Tem (District 2) RichardBarakat, Council Member (District. 3) Bruce. Cathrop, Council Member (District 4) Elzabeth Bruny, Council 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 December 17, 2019 AGREEMENT FOR GOVERNMENT RELATIONS ADVOCACY SERVICES WITH BEST BEST & KRIEGER, LLP ATTACHMENTS: 1) Agreement for Government Relations Advocacy Services 2) Advanced Conflict Waiver re: Representation of Other Clients in Water Law Issues 3) Informed Consent - Joint Representation SUMMARY On July 2017, the City of Arcadia contracted with Best Best & Krieger, LLP ("BB&K") for professional lobbying and consulting services to secure grant funding for stormwater related projects. Additionally, the City of Sierra Madre partnered with the City of Arcadia and equally split the cost of lobbying services with BB&K. On July 2018, the City of Given the lobbying efforts already underway by the Cities of Arcadia and Sierra Madre, Arcadia staff approached the member agencies of the Rio Hondo/San Gabriel River Water Quality Group (the "Group"), comprised of the Cities of Bradbury, Duarte, Monrovia, the County of Los Angeles, and the Los Angeles County Flood Control District, toe expand the scope and efforts to include other regional projects identified in the Water Management Plan, and to leverage BB&K's expertise and established relationships. As such, BB&K has offered to expend lobbying services to the Group for $84,000 a year or Itis recommended that the City Council approve, and authorize and direct the City Manager to execute an Agreement with Best Best & Krieger, LLP for Professional Lobbying and Consulting Services for water and stormwater related projects in the yearly Arcadia approved an extension to the contract. $7,000 per month. FOR CITY COUNCIL AGENDA 12-17 AGENDA ITEM # 1.D Agreement with Best Best & Krieger Page 2of3 amount of $11,323.08 and appropriate that amount to account 101-15-7075. BACKGROUND In 2007, the Cities of Arcadia and Sierra Madre were awarded a joint authorization of $20 million dollars for local water and wastewater related infrastructure projects, but the grants were never fully funded by Congress. In July 2017, the City of Arcadia awarded a Professional Services Agreement to Best Best & Krieger, LLP ("BB&K") for professional lobbying and consulting services to secure grant funding for water and stormwater related projects. Subsequently, the City Council approved an extension to this contract in Jly As part of the Cities' contract, BB&K has provided a high level of expertise and strategic guidance to the Cities of Arcadia and Sierra Madre for two WMP's proposed projects at the federal level. The City and Sierra Madre split the cost for lobbying services equally for an annual cost of $36,000. The firm has worked to increase the visibility and attractiveness of the projects, including facilitating a lobbying trip to Washington, D.C. for City Council members and the Cities' staff to meet with congressional representatives, the Bureau of Reclamation, Army Corps of Engineers, and the Environmental Protection Agency. The proposed projects were well presented and well received by all parties, including local stakeholders such as the Los Angeles Army Corps of Engineers office, 2018. Los Angeles County, and Arboretum staff. DISCUSSION InJ July 2019, the City of Arcadia proposed to the Oversight Committee of the Rio Hondo/San Gabriel River Water Quality Group that a regional approach to Arcadia's and Sierra Madre's lobbying efforts was necessary to better engage the various federal agencies and other stakeholders. Arcadia proposed to expand the scope of BB&K's efforts to include the other regional projects identified in the Watershed Management Plan, and to leverage BB&K's expertise and relationships established during the previous two years. BB&K has offered to extend lobbying services to the Group for $84,000 a year Contracting with BB&K was the logical next step as the firm has assisted the Cities of Arcadia and Sierra Madre with its on-going efforts. The City of Arcadia would act as the lead agency and as the primary liaison between the Group and BB&K. Although the County of Los Angeles and the Los Angeles County Flood Control District are in support ofar regional approach to our lobbying efforts, both agencies have internal staff that serve the same function, and therefore, the County and the Flood Control District will work in tandem with BB&K in lieu of contributing directly to the cost sharing arrangement. While Arcadia is the lead agency, BB&K will invoice the member agencies separately based on the Cities' monthly share. As such, a Joint Representation Waiver is needed to ensure or$7,000 per month (ATTACHMENT #1). the Cities are fully represented by BB&K (ATTACHMENT #3). Agreement with Best Best & Krieger Page 3c of3 The cost share formula is based 50% on participation and 50% on land area. The City of Bradbury's annual contribution will be $11,323.08 or $943.59 per month, with the calculation shown in the chart below. Jurisdiction Arcadia Bradbury Duarte Monrovia Sierra Madre Monthly $2,110.26 $943.59 $1,161.54 $1,725.64 $1,058.97 Annual $25,323.08 $11,323.08 $13,938.46 $20,707.69 $12,707.69 Under the modified scope of work, BB&K will work with the Group to lobby for a new grant funding authorization and assist in identifying grant funding opportunities with federal agencies, as well as facilitating meetings with key decision makers and building coalitions tos secure support for federal grant applications. In addition, BB&K will assist in educating key stakeholders on the Rio Hondo/San Gabriel River Water Quality Group's five regional projects and their benefits at the federal level. FISCAL IMPACT The annual cost for services for BB&K is $84,000, with the City of Bradbury's annual The contract is to be proportionally divided on a formula based on participation (50%) and land area (50%) between the Cities of Arcadia, Bradbury, Duarte, Monrovia, and Sierra Madre. The rate is all inclusive and covers other direct expenses including telephone, postage, shipping, photocopying, and other administrative costs. Funds to cover the BB&K costs would come from the City's Utility Users Tax Fund, which has a balance of contribution share in the amount of $11,323.08 or $943.59 per month. $758,965.26 (as of November 30, 2019). RECOMMENDATION Itis recommended that the City Council approve, and authorize and direct the City Manager to execute an Agreement with Best Best & Krieger, LLP for Professional Lobbying and Consulting Services for water and stormwater related projects in the yearly amount of $11,323.08 and appropriate that amount to account 101-15-7075. ATTACHMENT #1 IBBK Indian Wells (760)5 568-2611 Irvine (949)2 263-2600 Los Angeles (213)617-8100 Manhattan Beach (310)6 643-8448 John D. Freshman (202) 370-5301 omn.fesman@ioawcom VIA EMAIL Ontario (909) 989-8584 Riverside (951)686-1450 Sacramento (916): 325-4000 San Diego (619)525-1300 Walnut Creek (925)977-3300 BEST BEST & KRIEGERS ATTORNEYS AT LAW 2000F Pennsylvania Avenue, N.W., Suite 5300, Washington, DC 20006 Phone: (202) 785-0600 I Fax: (202) 785-1234 I www.bbklaw.com July 25, 2019 Rio Hondo-San Gabriel River Watershed Group c/o Dominic Lazzaretto 240 W. Huntington Drive Arcadia, CA 91106 RE: Agreement for Government Relations Advocacy Services Dear Rio Hondo-San Gabriel River Watershed Group: Per our conversations, we would be delighted to work for the cities oft the Rio Hondo-San Gabriel River Watershed Group - comprised oft the Cities of Arcadia, Bradbury, Duarte, BB&K will work on behalf of the Group to identify and help secure federal grants for the Group's regional water projects listed below. BB&K maintains a full government relations office in Washington, D.C., which effectively: monitors, researches, and advocates clients' positon at The projects BB&K will work on for the Rio Hondo-San Gabriel River Watershed Group Monrovia, and Sierra Madre ("Group"). the federal level before Congress and the executive branch agencies. include the: Arcadia Wash Ecosystem Restoration Project at the Arboretum Rio Hondo Ecosystem Restoration Project Arcadia Wash Water Conservation Diversion Project Encanto Park Stormwater Capture Project Basin 3E Enhancements at Santa Fe Spreading Grounds A summary oft the services provided include: 1. Identify and Assist with Funding Opportunities: Utilize our unique relationships to monitor federal grant programs and other funding opportunities with as special focus on IBBK BEST BEST & KRIEGERS ATTORNEYS AT LAW July25,2019 Page 2 federal grants and the appropriations process. BB&K will target the Army Corps of Engineers, the Environmental Protection Agency, and the Bureau of Reclamation for 2. Advocacy and Updates: Represent the Group before Congress and federal agencies by educating key stakeholders on thel Rio Hondo-San Gabriel River Watershed Group's 3. Relationship and Coalition Building: Set meetings with key decision makers and build As discussed this agreement will begin October 1, 2019 for $7,000 ai month for one year, allocated among the Group members according to the attached fee schedule. On behalfo of BB&K, we are pleased tol have this opportunity and look forward to a long productive relationship with the Riol Hondo-San Gabriel River Watershed Group. This Agreement may be signed in counterparts. Each signed copy will be deemed to be an original, but all ofthem together will constitute one and the same Agreement. federal funding partnerships. projects and their benefits. coalitions to secure support for federal grant applications. Sincerely, Qoha John D. Freshman for BEST BEST & KRIEGER LLP Signed: Dominic Lazzaretto Cityo of Arcadia Date: IBBK BEST BEST & KRIEGER: ATTORNEYS AT LAW July25,2019 Page3 Signed: Kevin Kearney CityofBradbury Date: Signed: Darrell George City ofl Duarte Date: Signed: Oliver Chi City of Monrovia Date: Signed: Gabriel Engeland City of Sierra Madre Date: IBBK BEST BEST & KRIEGER: ATTORNEYS AT LAW July 25, 2019 Page 4 Attachment: Rio Hondo-San Gabriel River Watershed Group Fee Schedule Cost Estimate BBK (Advocacy Services) Area of (sq. $84,000 (50%) mi) (50%) Jurisdiction Riol Hondo Sub- San Gabriel Total Based fee Cost share Total for Monthly Watershed Miles 1.3 River Watershed Miles of $84,000 $84,000 Payment Sq. %Total Sq. Total Arcadia Bradbury 0.8 Duarte Monrovia 7.9 Sierral Madre 2.8 10.8 45.76% 0.2 5.41% 11 $8,400.00 $16,923.08 $25,323.08 $2,110.26 3.39% 1.1 29.73% 1.9 $8,400.00 $2,923.08 $11,323.08 $943.59 5.51% 2.3 62.16% 3.6 $8,400.00 $5,538.46 $13,938.46 $1,161.54 33.47% 0.1 2.70% 8 11.86% 0 $8,400.00 $12,307.69 $20,707.69 $1,725.64 0.00% 2.8 $8,400.00 $4,307.69 $12,707.69 $1,058.97 ATTACHMENT#2 Indian Wells (760) 568-2611 Irvine (949): 263-2600 Los Angeles (213) 617-8100 Manhattan Beach (310) 643-8448 John D. Freshman (202)370-5301 om.resman@bsawcom City ofBradbury 600 Winston Avenue Bradbury, CA91008 IBBK Ontario (909) 989-8584 Riverside (951)6 686-1450 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 BEST BEST & KRIEGER: ATTORNEYS AT LAW 2000 Pennsylvania. Avenue, N.W., Suite 5300, Washington, DC20006 Phone: (202) 785-0600 I Fax: (202): 785-1234 I www.bbklaw.com September 12, 2019 Attn: Mr. Kevin Kearney, City Manager Advance Conflict Waiver re: Representation ofOther Clients in Water Law Issues Dear Mr. Kearney: The City of Bradbury (the "City") has requested Best Best & Krieger ("BBK") to represent the City to identify and help secure federal funding for the Rio Hondo-San Gabriel River Watershed Group's regional water projects that include the following: Arcadia Wash Ecosystem Restoration Project, Rio Hondo Ecosystem Restoration Project, Arcadia Wash Water Conservation Diversion Project, Encanto Park Stormwater Capture Project, and the Basin 3E Enhancements at Santa Fe Spreading Grounds project (the "Project Matters"). BBK represents a broad range of clients that include, but are not limited to, cities, counties, water districtslagencies, special districts, private water related entities and various other public entities on water matters. For example, BBK represents Moulton Niguel Water District, Santa Margarita Water District, Municipal Water District of Orange County, and the State Water Contractors, including its member agencies Metropolitan Water District of Southern California, Desert Water Agency, Santa Clarita Valley Water Agency, Coachella Valley Water District, and other various member agencies of the State Water Contractors. BBK is not handling any matter adverse to the City at this time, but such conflicts may arise due to BBK representing other clients on various water related matters, such as groundwater matters related to the same water basin in which the City is located, or groundwater matters that may have an impact on the water basin used by the City. This letter is to request an advance waiver from the City SO that BBK may represent other clients in the future on water issues adverse or potentially adverse to the City. If we are to represent other clients on water issues adverse to the City, we must obtain the City's informed written consent to any potential or actual conflict ofi interest. IBBK BEST BEST & KRIEGERS ATTORNEYS AT LAW September 12, 2019 Page 2 RULES OF PROFESSIONAL CONDUCT Rule 1.7 oft the California Rules ofl Professional Conduct provides: (a) A lawyer shall not, without informed written consent from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter. (b) A lawyer shall not, without informed written consent from each affected client and compliance with paragraph (d), represent a client if there is a significant risk the lawyer's representation of the client will be materially limited by the lawyer's responsibilities to or relationships with another client, a former client or a third person, or by the lawyer's own interests. (d) Representation is permitted under this rule only if the lawyer complies with paragraphs (a), (b),... . and: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; and (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal. REPRESENTATION OF OTHER CLIENTS IN WATER LAW ISSUES- ADVANCE WAIVER OF CONFLICTS For many years, water law has been a large part of BBK's practice. BBK advises many of its clients regarding water law issues, such as surface water, ground water, imported water, water transfers, water quality, water: rights, and various Delta related matters. Other BBK clients are routinely involved in water law issues which could directly or indirectly affect water supplies, rights and policies of the City. As far as we know, BBK is not currently representing any other client on water issues adverse to the City. Ifanother current or new. BBK client has an interest in water issues affecting the City, then BBK might be asked to provide advice and representation on that matter. Such work might include representation concerning groundwater (including the Sustainable IBBK BEST BEST & KRIEGER: ATTORNEYS AT LAW September 12, 2019 Page 3 Groundwater Management Act (SGMA) issues), groundwater sustainability agencies, transactions, negotiations, representation on CEQA or NEPA issues, representation on ESA issues, project financing, right-of-way, administrative hearings before the State Water Resources Control Board or other state or federal agencies, regulatory permitting, disputes, or litigation ("Future Water Matters"), any ofwhich could be adverse to the City's interests. If we are representing the City on the Project Matters or any other issues, and another client asks BBK to represent it against the City on Future Water Matters, then we would otherwise first need to obtain consent from the City to represent the other client. Because of our lengthy relationship with many of our water purveyor clients, and because such a large part of our practice involves clients with a variety of water issues, we cannot risk refusal of such consent. Therefore, we ask that you sign this letter giving the City's advance consent now to any future representation of other current or future BBK clients in Future Water Matters adverse to the City sO that we do not need to ask you for such consent in the future. As part of this advance consent, BBK shall promptly inform the City in writing of any future representation of a client(s) against or adverse to the City to provide the City the opportunity to determine if it wishes to replace BBK in those circumstances. BBK would likewise inform the other client and approach them in the following manner as with the City. If the City decides to continue to use BBK as counsel, and BBK agrees to continue representing the City in those circumstances, then we will establish an ethical screen SO that the lawyers representing the City do not share any confidential information of the City with other lawyers at BBK and vice versa. Regardless of the circumstances, BBK will not disclose any confidential information received from the City to any other client of BBK. Likewise, by signing this letter, the City agrees that confidential information it discloses to BBK will be limited to what is necessary for BBK to represent the City on Project Matters, and that it will not disclose other confidential City information to BBK on issues involving water rights, interests, policy or strategy concerning water issues. POTENTIAL ADVERSE CONSEQUENCES Because BBK is not representing a client adverse to the City regarding water issues currently, it is impossible to predict exactly the facts related to any such future conflict. But we do believe it is possible to describe the reasonably foreseeable potential adverse consequences that would arise, which include the following: BBK lawyers might appear in court or administrative proceedings advocating BBK may be tempted to favor the interests of other BBK clients over the City. BBK's exercise of independent judgment with respect to the City may be against the City. impaired or clouded by our relationship with other clients. IBBK BEST BEST & KRIEGER: ATTORNEYS AT LAW September 12, 2019 Page 4 There may be an appearance of impropriety in our representation of both clients BBK may inadvertently disclose confidential information to a client that the City BBK may be restricted from forcefully advocating the City's position for fear of simultaneously on unrelated matters. would not like revealed. alienating another client depending upon the circumstances. YOUR CONSENT Ifyou agree to the above, we need you to sign this consent letter. This consent will not waive any protection that you may have with regard to attorney-client communications with us in your matter. Those communications will remain confidential and will not be disclosed to any third party without your consent. Please consider this matter carefully, and do not hesitate to contact us if you have any questions or concerns. You may wish to confer with independent legal counsel regarding this disclosure and your consent, and you should feel free to do sO. Your execution of this consent form will constitute an acknowledgment of full disclosure in compliance with the requirements of Rule 1.7 oft the California Rules of Professional Conduct previously quoted in this letter, and your consent to proceeding with our representation of the City. A copy of this letter is enclosed for your files. If you have any questions, please do not hesitate to call. Sincerely, - John D. Freshman Q.o for BEST BEST & KRIEGER LLP IBBK BEST BEST & KRIEGERS ATTORNEYS AT LAW September 12, 2019 Page 5 CONSENT By this letter, Best Best & Krieger LLP has explained the existing and/or reasonably foreseeable potential risks in the above referenced matter, and has informed the City of the possible consequences of this representation and consenting to an advance waiver. understand that the City has the right to and has been encouraged to consult with independent counsel before signing this consent, and I acknowledge that the City has been given sufficient time to do SO. Notwithstanding the foregoing, the City hereby consents and agrees to be represented by Best Best & Krieger LLP. By: City ofE Bradbury Dated: ATTACHMENT #3 IBBK Indian Wells (760) 568-2611 Irvine (949)2 263-2600 Los Angeles (213)617-8100 Manhattan! Beach (310) 643-8448 John D. Freshman (202); 370-5301 omniresmmanebbabw.com City of] Bradbury 600 Winston Avenue Bradbury, CA91008 Ontario (909) 989-8584 Riverside (951)686-1450 Sacramento (916)3 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 BEST BEST & KRIEGER ATTORNEYS AT LAW 2000 Pennsylvania Avenue, N.W., Suite 5300, Washington, DC 20006 Phone: (202) 785-0600 I Fax: (202) 785-1234 I www.bbklaw.com September 12,2019 Attn: Mr. Kevin Kearney, City Manager Re: Informed Consent - Joint Representation Dear Mr. Kearney: Best Best & Krieger LLP (the "Firm") has been asked to represent the Rio Hondo-San Gabriel River Watershed Group (the "Group"), which is made up of the Cities of Arcadia, Bradbury, Duarte, Monrovia, and Sierra Madre (the "Cities"). The Firm will work on behalf of the Cities as joint clients to identify and help secure federal funding for the Group's regional water projects that include the following: Arcadia Wash Ecosystem Restoration Project, Rio Hondo Ecosystem Restoration Project, Arcadia Wash Water Conservation Diversion Project, Encanto Park Stormwater Capture Project, and the Basin 3E Enhancements at Santa Fe Spreading Grounds project (the "Project Matters"). Although our current representation of the Cities regarding Project Matters involves Federal advocacy, the law Firm is subject to rules of professional conduct. Accordingly, we must discuss with Bradbury and the other Cities the potential impact of our joint representation and obtain Bradbury'sin informed written consent, as well as that ofeach oft the other Cities. RULES OF PROFESSIONAL CONDUCT Rule 1.7oft the California Rules of Professional Conduct provides in pertinent part: (a) A lawyer shail not, without informed written consent from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter. (b) A lawyer shall not, without informed written consent from each affected client and compliance with paragraph (d), represent a client if there is a significant risk the lawyer's representation of the client will be materially limited by the lawyer's responsibilities to or relationships with another client, a former client or a third person, or by the lawyer's own interests. IBBK BEST BEST & KRIEGERS ATTORNEYS AT LAW September 12, 2019 Page 2 (d) Representation is permitted under this rule only if the lawyer complies with paragraphs (a), (b)... and: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; and (3) the representation does not involve the assertion ofa claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal. SCOPE OF REPRESENTATION & DISCLOSURES Our representation of the Cities jointly concerns the Project Matters. At the present time, and based upon what we. have been advised by each oft the Cities, we believe the Cities' interests are aligned and see no current conflict between or among the Cities.. However, in accordance with the California Rules of Professional Conduct, we must provide the Cities with written disclosure of the relevant circumstances of this joint representation, the reasonably foreseeable adverse consequences which might arise from the Firm' s representation oft the Cities jointly, and obtain each of the Cities' consent thereto prior to proceeding with this joint representation. Although it is impossible to foretell all potential consequences which could arise from this type of representation, this letter addresses the reasonably foreseeable risks and conflicts that potentially may develop going forward, which we ask each of the Cities to consider. Pursuant to the provisions ofRule 1.7, we inform the Cities as follows: 1. Potential Conflicts- Clients may differ on strategy, costs or on the issue of whether to agree to certain terms; one of the clients may instruct the Firm in a manner that is contrary to the instructions oft the other client; it may be argued that there is an appearance of impropriety in our representation of joint clients simultaneously; and/or, one client may take a position or act in a manner that could be prejudicial to the interests of another client. Although we do not expect any of the above eventualities, before we could continue to represent any of the Cities under those circumstances, we would be required to obtain each City's separate, informed, written consent concerning such a situation. We cannot advise any of the Cities of their individual or mutual rights amongst or against each other, in resolving any such disagreements. IBBK BEST BEST & KRIEGER ATTORNEYS AT LAW September 12, 2019 Page 3 2. Disputes Between Clients - Should any of the Cities feel that there is a potential dispute, actual dispute or claim between or among the Cities, it should be brought to our attention immediately. We will be unable to counsel any of the Cities regarding any rights or obligations as between or among the Cities, whether or not such rights or obligations relate to the subject matter oft the representation. In the event such a disagreement cannot be resolved between or among the Cities, there is a possibility that such a disagreement would develop into an actual conflict of interest between or among the Cities that would require the Firm to withdraw from further representing the Cities in this matter. Such a situation could require increased expense, time and effort on your part if new representation is needed. Again, any such changes or new information will be disclosed and discussed with the Cities prior to any action being taken that would Ina addition, should new or additional facts come to our attention which suggest any of the Cities may have or should consider asserting rights against any of the other Cities or that any of the Cities should consider action to protect or preserve such rights, we will advise each of the Cities that such facts have come to our attention. We will not, however, advise any of the Cities of the reason why we are alerting the Cities or the basis for such an alert. We believe that to do SO may compromise the interests of the Cities in violation of the responsibilities we owe to each of the Cities. We will likely further recommend that each of the Cities No Confidentiality - In cases ofj joint representation, although the Firm owes joint clients a duty of confidentiality as to third parties, there is generally no duty of confidentiality or attorney-client privilege between or among the joint clients. The Firm has a duty to communicate and keep all clients reasonably informed about significant developments relating to the representation. Thus, communications made between one joint client and the Firm that are relevant to the joint representation are subject to disclosure to the other client, even in the absence of express consent to the disclosure. By consenting to this agreement, Bradbury understands that there can be no confidentiality between the Firm and any of the other Cities as joint clients with respect to significant developments In addition, each of the Cities must maintain the confidentiality of all communications between the Cities and us. If one of the Cities fails to do sO, it may jeopardize confidentiality protections between the Cities and us. The result may be that other parties may be able to learn the content of confidential communications between us and/or, as a practical matter, could prejudice the non- disclosing entity because otherwise confidential information may become known significantly affect our relationship. consult with independent counsel. 3. related to this representation. IBBK BEST BEST & KRIEGERS ATTORNEYS AT LAW September 12, 2019 Page 4 to third-parties. Iti is, therefore, critical that each of the Cities understands the need for confidentiality concerning the communications between us and that each of the Cities maintains that confidentiality. In other words, a joint representation does not change the confidential nature of such communications relative to outside third parties, but does change it as to the inside parties to the joint representation. By executing this letter, Bradbury expressly consents to the communication to each oft the Cities of any information received by the Firm from any one of the Cities during the Firm's joint representation of the Cities in this No Attorney-Client Privilege California Evidence Code $ 962 provides that one joint client may not claim aj privilege as to a communication made in the course of this attorney-client relationship when such a communication is offered in a legal proceeding between or among the joint clients. This also applies should a dispute Balance of Interests - In joint client representation, lawyers owe fiduciary obligations of loyalty to each of the jointly represented clients and cannot take sides or assert the interests of one client over the interests of the other. The Firm is required to balance the interest between or among the clients and may make decisions that will be in the best interests of the overall group and not: necessarily in the best interests of an individual client. Thus, rather than the Firm vigorously asserting a single interest of an individual client on an issue, there will be a Each Client's Responsibility for Fees and Costs - CRPC Rule 1.8.6 requires written consent when a lawyer is paid by another party to represent a client. Arcadia is responsible for paying our invoices on behalf of the Cities regarding the Project Matters. The Firm acknowledges, however, that the Cities are the Firm's co-clients in the Project Matters and the Firm shall take instructions from all the Cities, or from their selective representative, regarding the handling of the Project Matters. The Firm does not perceive that this payment arrangement will interfere with the Firm's independence or professional judgment or with the relationship with all identified entities represented as co-clients in the Project Matters, and the Firm represents that information relating to the joint representation will be protected consistent with Business & Professions Code 6068(e). Although Arcadia is responsible for payment for the Firm's services, we must make it clear that the Cities are all jointly responsible for payment of our fees and costs associated with the Project Matters if for any reason Arcadia is matter. 4. arise between one client and the Firm in the future. 5. balancing ofinterests among the joint clients. 6. unable or fails toj pay our invoices. IBBK BEST BEST & KRIEGERS ATTORNEYS AT LAW September 12, 2019 Page 5 7. Effect of the Firm Withdrawing If we are forced to withdraw from this representation because of a conflict between or among the Cities or as permitted under CRPC, Rule 1.16, the expense of educating new representatives on events that may have transpired during the course of our representation might be significant. And, unless another conflict waiver is executed with the Firm, it may require that each of the Cities obtains other representation, thereby potentially adding to your expense. Such an event also might delay any needed actions in connection with the engagement, or in otherwise achieving the goals of the engagement. 8. Termination - Each client has the absolute right to terminate the Firm regardless of what the other joint client(s) may decide. Should one client wish to terminate the relationship without the agreement of the other client(s), we will disclose the circumstances at that time and determine whether the Firm may continue representation of one client or whether the representation must be terminated in its Client File - After the matter is concluded, each of the Cities may make conflicting demands for the original client file, which each is entitled to receive. Each agree that we may release the original to the client who first provides a written request, as long as we release an exact copy to each ofthe other Cities. entirety, and consent will be obtained as necessary. 9. YOUR CONSENT IfBradbury wishes for the Firm to represent it in the Project Matters, we need you to sign this consent letter. Should you have any concerns that were not mentioned in this letter, please tell us immediately, sO we can make sure to address them as necessary. In the event that circumstances change or we become aware of new information that requires additional disclosures and/or a new consent from the parties, you will be notified of that fact immediately, and continued representation will be subject to the informed written consent of the involved parties as necessary. Please consider this matter carefully, and do not hesitate to contact us if you have any questions or concerns. You may wish to confer with independent legal counsel regarding this disclosure, and you should feel free to do SO. Your execution of this consent form will constitute Bradbury's acknowledgment of full disclosure in compliance with the requirements of Rule 1.7 of the California Rules of Professional Conduct previously quoted ini this letter. IBBK BEST BEST & KRIEGERS ATTORNEYS AT LAW September 12, 2019 Page 6 A copy of this letter is enclosed for your files. We look forward to hearing from you soon. Sincerely, John D. Freshman CONSENT Coh for BEST BEST & KRIEGERLLP By this letter, Best Best & Krieger LLP has explained the joint representation, and the existing and/or reasonably foreseeable potential risks and conflicts of interest in the above referenced matter. Our Firm has also informed Bradbury of the possible consequences of this joint representation and those conflicts. Bradbury understands that Bradbury has the right and has been encouraged to consult with independent counsel before signing this consent, and Bradbury acknowledges that Bradbury has been given sufficient time to do SO. Notwithstanding the foregoing, Bradbury hereby consent and agree to Bradbury be represented by Best Best & Krieger LLP in the above described joint representation. AGREED AND. ACCEPTED: By: Dated: RichardT.Sale: 3r., Mayor (District 1) Monte. Lewis, Mayorg Po Tem (District. 2) RichardBarakat, Councils Member (District. 3) Bruce. Lathrop, Council Member (District 4) Elizabeth Bruny, Comdflembr/Datrias 5) BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Kevin Kearney, City Manager December 17, 2019 CONTRACTUAL CHANGES TO INCLUDE A FIRE ANALYSIS STUDY FOR THE CHADWICK RANCH ESTATES DEVELOPMENT Consultant - Chadwick Ranch Estates between Bradbury/Dudek 2. First Amendment to Professional Services Agreement between 3. First Amendment to 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 the Development of Chadwick Ranch Estates ATTACHMENTS: 1. Professional Services Agreement: Fire Protection Services BradbuyJmrasystems SUMMARY Both the City of Bradbury and the Chadwick Ranch Estates Development have agreed that an in-depth fire analysis study would be beneficial for the project. As such, the City desires to contract with Dudek to perform the study, and the developer has agreed to pay Iti is recommended that the City Council approve the following Agreement(s) and 1. Professional Services Agreement: Fire Protection Services Consultant- Chadwick Ranch Estates between Bradbury/Dudek 2. First Amendment to Professional Services Agreement between for costs associated with it. Amendment(s): bradpuyutrasystems 3. First Amendment to Agreement between the City of Bradbury and Nevis Capital, LLC for the Payment of Fees and Costs Related to Contract Environmental, FOR CITY COUNCIL AGENDA 12-17 AGENDA ITEM: # I.E Approval of Agreements for Fire Analysis for Chadwick Ranch Development Page 2of2 Planning, Engineering and Legal Services for the Development of Chadwick Ranch Estates DISCUSSION On. July 16, 2019, the City of Bradbury entered into an agreement with Nevis Capital, LLC for the development of the Chadwick Ranch Estates project. As part of the project, the City entered into agreements with Ultrasystems Environmental, Inc. as the environmental consultant and Michael Baker International as planning consultant to assist with the The City has determined that, due to the fire risk in the area, a fire behavior model consultant is needed to assist with the project, and has negotiated an agreement with Dudek, a company specializing in Engineering and Environmental consultant, to perform The City has negotiated a modification to the agreement with UltraSystems Environmental, Inc. wherein they will perform technical peer review of the fire analysis Ini the agreement with Nevis Capital, LLC, the developer has agreed to reimburse the City for all expenses incurred for environmental and planning services performed by Dudek, project. functions involving a fire risk assessment. study, which will be prepared by Dudek. UltraSystems Environmental, Inc. and Michael Baker International. FINANCIAL ANALYSIS The proposed Agreement(s) and Amendment(s) will have no significant financial impact to the City. The developer is agreeing to pay for all costs and expenses related for the fire analysis study and review. As part of the agreement between the City of Bradbury and Nevis Capital, LLC., the developer shall deposit with the City an additional sum of $26,275 to cover the anticipated costs of the fire analysis study and review within seven (7) days of the effective date of the contract. STAFF RECOMMENDATION It is recommended that the City Council approve the following Agreement(s) and 1. Professional Services Agreement: Fire Protection Services Consultant- Chadwick Ranch Estates between Bradbury/Dudek 2. First Amendment to Professional Services Agreement between Amendments(s): Bradbuyultrasystems 3. First Amendment to 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 the Development of Chadwick Ranch Estates ATTACHMENT#1 PROFESSIONAL SERVICES AGREEMENT FIRE PROTECTION SERVICES CONSULTANT - CHADWICK: RANCH ESTATES (City ofBradbury /Dudek) 1. DENTIFICATION THIS PROFESSIONAL SERVICES AGREEMENT ("*Agreement") is entered intol bya and between the City of Bradbury, a California municipal corporation ("City"), and Dudek, a California Corporation ("Consultant"). 2. RECITALS 2.1 Nevis Capital, LLC has submitted applications to subdivide and develop the 111 acre property known as Chadwick Ranch Estates into a 14-residential lot subdivision. Among other things, entitlements will require a Specific Plan and Tract Map. 2.2 City has determined that it requires the following professional services from a consultant: site plan review, on-site risk assessment, and fire behavior modeling for the Chadwick Ranch Estates project. 2.3 Consultant represents that it isi fully qualified toj perform such professional services by virtue ofits experience. and the training, education and expertise ofits principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement. 2.4 Consultant submitted a proposal dated November 2, 2019 to the City for services NOW, THEREFORE, for and in consideration of the mutual covenants and conditions related the above tasks. herein contained, City and Consultant agree as follows: 3. DEFINITIONS 3.1 "Scope of Services": Such professional services as are set forth in Consultant's proposal, which proposal is attached hereto as Exhibit A (the Proposal") and 3.2 "Approved Fee Schedule": The fees for Consultant's Services shall be as follows 3.3 "Commencement Date": The date upon which the City provides written 3.4 "Expiration Date": The date upon which City takes final action upon the Chadwick Ranch Estates Project applications, and in the case of an approval, the Notice of incorporated herein by this reference. and billed as set forth in the attached Exhibit A. notification, including e-mail notification, to commence Services. Determination is filed. -1- 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 oft the parties or terminated earlier in accordance with Section 17 (Termination") below. 5. CONSULTANT'S SERVICES 5.1 Consultant: shall perform the services identified ini the Scope ofServices. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. 5.2 Consultant shall perform all work in accordance with the professional standards of Comsulanfspoiesionami ina ai manner reasonably satisfactoryto City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict ofinterest provisions ofGovernment Code Section 1090 and the Political Reform. Act (Government Code Section 81000 et seq.). 5.3 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 Commencement Date if such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict ofi interest statute. 5.4 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. who shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's Project shall be Consultant's Project Administrator, Administrator without City'sprior written consent. 6. COMPENSATION 6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the. Approved Fee Schedule (Exhibit" "A") and Section 6.2 Consultant shall submit invoices for the services performed pursuant to this Agreement no more than once ai month, but at least every twoi months. Thei 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 5.1 ofthis Agreement above. -2- deductions from payments made to Consultant unless otherwise required by law. 6.3 IfConsultant determines that additional work is required to perform the Services beyond that set forth in the Proposal, Consultant shall provide City with a written request to exceed the amount set forth in the Proposal with an explanation for the need. Any additional services shall be performed at the rates set forth in the Proposal. 7. OWNERSHIP OF WRITTEN PRODUCTS All reports, documents or other written material ("written products" herein) originally developed by 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 ofa copyright application by Consultant. Any substantive modification oft the Documents by City, or at City's direction, or any use oft 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 ofany reuse ofthe Documents for purposes other than those described in this Agreement, unless Consultant consents in writing tos 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 behalfofCity: as an agent. Neither City nor any ofits 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 it is, or that any ofits agents or employees are, in any manner employees of City. Under no circumstances shall Consultant ori its employees look to City as its employer. Consultant andi its employees shall notl 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 oft this Agreement. The preceding restriction shall not apply to information which is in the public domain, was previously known to Consultant, was acquired by Consuitant from others who have no confidential relationship to City with respect to same, or which through no fault ofConsultant, 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 promptlynotify Cityin writing ofthe demand for information before Consultant responds to such demand. 10. INDEMNIFICATION -3- 10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, reasonable attorneys' fees, litigation costs, taxes, or any other cost arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties tol bei interpreted and construed toj provide City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's 10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when Cityrequests with: respect to a claim, provide a deposit fori the defense of City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant's alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any ofits officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct ofCity. Such costs and expenses shall include reasonable attorneys' fees due to counsel of City's choice, expert fees and all other costs and expenses oflitigation. This indemnity does not include defense, however Consultant shall be responsible for defense costs to the extent such costs are incurred as ai result of Consultant's negligence. 10.3 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 to pay City promptly, anyindemnification: arising under this Section 10 and any amount due City from Consultant arising from Consultant's failure to () pay taxes on amounts received pursuant to this Agreement; (ii) satisfy obligations to any governmental entity, or (iri) comply with applicable workers' compensation 10.4 The obligations of Consultant under this Section 10 are not limited by the provisions of any workers' compensation statute or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its 10.5 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in California Public Employees Retirement System (PERS) as commitment to indemnify and protect City as set forth herein. laws. officers, agents, employees and volunteers. an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10.6 In the event that Consultant or any employee, agent, or subcontractor ofConsultant providing services under this Agreement claims or is determined by a court of competent jurisdiction to be eligible for enrollment in PERS as an employee ofthe City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment ofany penalties and interest on such contributions, which would otherwise be the 10.7 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 to be fully responsible and to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of 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 10.8 City does not, and shall not, waive any rights that it may possess against Consultant because ofthe acceptancel by City, or the deposit with City, ofa anyinsurancep 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. 11. INSURANCE Without limiting Consultant'si indemnification of Agency, and prior to commencement of Work, Consultant shall obtain, provide and maintain ati its own expense during the term of this Agreement, policies ofinsurance of the type and amounts described 11.1 General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG0001, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard Automobile liability insurance. Consultant shall maintain automobilei insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities oft the Consultant arising out ofc or in connection with responsibility of City. incurred by counsel of City's choice. below and in ai form satisfactory to City: ISO "insured contract" language will not be accepted. -5- Work to bej performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer'sLiability Insurance (with limits ofat least Consultant shall submit to. Agency, along with the certificate ofinsurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liabilityinsurance; policy with limits that will provide bodilyinjury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole ori inj part for any limit for each accident. $1,000,000). volunteers. reason; P Pay on behalfofwording as opposed to reimbursement; Concurrency of effective dates with primary policies; and Policies shall "follow form" to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies. 11.2 Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policyinception date, continuity date, or retroactive date must bel before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 11.3 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only asi it pertains to a given issue and is not intended by any party ori insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than thei minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and 11.4 Consultant shall require each ofits subcontractors to maintain insurance coverages 11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A-:VII in the latest 11.6 Consultant agrees that ifi it does not keep the aforesaid insurance in full force and effect, City may either () immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant's expense. 11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the policies required by this Agreement are in effect in the required amounts and naming City and its officers, employees, agents and volunteers as additional insureds. Consultant shall file with City's Risk Manager such certificate(s) prior to 11.8 Consultant shall provide proof to City's Risk Manager that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage at least two weeks 11.9 The general liability and automobile policies of insurance required by this Agreement shall contain endorsements naming City andi its officers, employees, agents and volunteers as additional insureds. Allofthep policies required under this. Agreement shall contain an endorsement providing that thej policies cannot be canceled or reduced except on thirty days' prior written notice to City. Consultant agrees to require its insurer toi modify the certificates ofinsurancei to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. 11.10 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 insurance coverage shall be available to the City. that meet all ofthe requirements ofthis Agreement. edition ofl Best's Insurance Guide. commencement ofwork under this Agreement. prior to the expiration oft the coverages. and shall not contribute with it. 11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant's employees, agents or subcontractors, from waiving the right ofs subrogation prior to al loss. Consultant hereby waives all rights ofs subrogation 11.12 Any deductibles or self-insured retentions must be declared to and approved by against City. 7- City. At the option ofCity, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond 11.13 Procurement ofi insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold guaranteeing payment oflosses and expenses. harmless and defend under Section 10 oft this Agreement. 12. MUTUAL COOPERATION 12.1 Cityshall 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 Citymay require in the defense oft that claim or action. services under this Agreement. 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, ati its sole cost and expense, all permits and regulatory approvals necessary for Consultant's performance oft this Agreement. This includes, but shall not bel 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 deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant'sa and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (ort to such other addresses as thej parties may, from time to time, designate in writing). Ifto City: City of Bradbury 600 Winston Avenue Bradbury, CA 91008 Attn: Kevin Kearney Ifto Consultant: Dudek 005 ThiriStreet Encinitas, CA 92024 Email - Telephone: (760)479-4114 Facsimile: (760)942-4508 8- Email -K keamey@atyolbndbhury.erg Telephone: (626)358-3218 Facsimile: (626)303-5154 With courtesy copy to: Cary S. Reisman, City. Attorney OfCounsel to Jones & Mayer 3777 N. Harbor Blvd. Fullerton, CA 92835 Email - sr@jones-mayer.com Telephone: (714)446-1400 Facsimile: (714)446-1448 16. SURVIVINGCOVENANIS Thej 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 only 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 bei 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 oft this agreement at the time oftermination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance oft the services required by this Agreement. this Agreement. 18. GENERAL PROVISIONS 18.1. Delegation. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do sO shall be void and of no effect. City shall not be obligated orl liable under this. Agreement to any party other Discrimination. Int the performance oft 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 unlawful basis. than Consultant. 18.2. 18.3. Headings. The headings appearing at the commencement of the sections hereof, and in any sub-paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph, and not such heading, shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in Waiver. The waiver by City or Consultant of any breach of any term, covenant or condition oft this Agreement shall not be deemed tol be a waiver ofsuch term, covenant or condition or ofany subsequent breach ofthes same or any other term, covenant or condition of this Agreement. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in a writing signed by one authorized tol bind the party asserted tol have consented to the waiver. Excused performance. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole propertyofCity. Consultant agrees that any such documents ori information shall not be made available to any individual or organization without the prior consent ofCity but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use ofincomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information of Consultant that qualify as trade secrets (such as, and including, its private financial statements, financial records and bank which the context requires such substitution(s). 18.4. 18.5. 18.6. -10- account information), as that term is defined in Government Code Section 6254.7, and of which Consultant informs City, trade secret, and records relating toj provision of medical aid and assistance to any individual under such individual's State and Federal rights of privacy and the provisions of the Health Insurance Portability and Accountability Act of1996. City will endeavor to maintain as confidential all information obtained by it that is designated as trade secret or personal health records. City shall not, in any way, be liable for the disclosure of any trade secret or personal health records including, without limitation, those records sO marked, ifc disclosure is deemed tol bei required by law or by order oft the Court. Conflict of] Interest. Consultant and its officers, employees, associates and City-approved subcontractors, if any, will comply with all conflict of interest statutes ofthe State ofCalifornia applicable to Consultant's services under this agreement, including, but not limited to, thel Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and City-approved subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or City-approved subcontractors to abstain from a decision under Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all actions to the sole satisfaction of City and to participate in any meeting 18.7. this Agreement pursuant to a conflict ofinterest statute. 18.8. required with regard to the correction. -11- 18.9. 18.10. Prohibited Employment. Consultant will not employ any regular employee ofC City while this Agreement is in effect or for one year thereafter. Order of Precedence. In the event of an inconsistency in this Agreement and any ofthe attached Exhibits, the terms set forth int this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those ofany such provision or provisions sO incorporated by reference, the conflict shall be resolved by giving precedence: int the following order, ifapplicable: This Agreement, the City's Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation oft this Agreement and ini the performance ofits obligations hereunder except as expressly provided herein. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall Construction. The parties have participated jointly in the negotiation and drafting oft this Agreement. In the event an ambiguity or question ofintent ori interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall bei no presumption or burden ofp prooffavoring or disfavoring any partyby virtue oft the authorship of any of thej provisions of Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. For amendments affecting administrative business operations not related to overall service levels, compensation or performance standards, those may bea approved administratively by the City Administrator. For amendments affecting compensation, performance standards or service. levels, thosemust Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require performance or compliance. No waiver ofany provision ofthis Agreement shall be effective unless in writing and signed by a duly authorized representative oft the party against whom enforcement ofay waiveri is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. Request for Proposals, the Consultant's) Proposal. 18.11. 18.12. have any: right in, under or to this Agreement. 18.13. this Agreement. 18.14. be approved by the City Council. 18.15. 12- 18.16. Cumulative. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and in addition to every other right, power, orI remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercisel by such partyofanyofall ofsuch other rights, powers or remedies. Litigation. Ifl legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants' and attorneys' fees incurred in such action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes ofresolving any dispute or enforcing any obligation arising under Interpretation. Ifany term or provision oft this Agreement ort the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision ofthis Agreement shalll be valid and enforced to the fullest extent permitted by law. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit ofthel bargain for any party, ist materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall bel binding, then both parties agree to substitute Applicable Law. This Agreement shall be governed and construed in Complete Agreement. All documents referenced as exhibits in this Agreement arel herebyincorporated into this Agreement. Ini the event ofany material discrepancy between the express provisions ofthis Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between the parties with respect to the transactions contemplated herein. No prior oral or written agreements arel binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only ifmade in writing and executed by City and Consultant. 18.17. this Agreement. 18.18. such provision(s) through good faith negotiations. accordance with the laws oft the State of California. 18.19. 18.20. -13- 18.21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing sO the parties hereto 18.22. are formally bound to the provisions oft this Agreement. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" City of Bradbury "Consultant" Dudek Dudek Frank Dudek Chairman/CEO By: Date: Attest: Richard TI Hale, Jr., Mayor ealu Date: A6.26,208 Claudia Saldana, City Clerk Approved as to form: Cary S. Reisman, City Attorney City of Bradbury -14- EXHIBIT'A' 605 THIRD STREET ENCINITAS, CALIFORNIA92024 T760.942.5147 F760.6220164 November 2, 2019 Kevin Kearney City Manager 600 Winston Avenue Bradbury, CA 91008 P219710 Subject: Proposal for Fire Protection Services for the Chadwick Ranch Project, Tentative Tract Mapi No. 82349, Cityo of Bradbury, Los Angeles County, California Dear Mr. Kearney, Dudek is pleased to submit this proposal to provide fire protection services for the Chadwick Ranch Project (Proposed Project) locatedi int the City of Bradbury (City), California. The Proposed Project encompasses roughly 111 acres alongt the northern boundary oft the City of Bradbury at the base oft the San Gabriel Mountains below Angeles National Forest int the eastern: section of Los Angeles County. Thel Proposed Project includes the development of 14 detached, single-family residential homes, one reservoir, three desilting basins, and associated streets and The Proposed Project is located within a Very High Fire Hazard Severity Zone or an areai that is considered to be at significant riski in the event of a wildfire. Thel Los Angeles County Fire Department (LACOFD) provides fire prevention and protection services for the City; the closest emergency services would be assigned to LACOFD Fire Station 44 in Duarte. The City has adopted the Los Angeles County Fire Code (Bradbury Municipal Code, Section 4.03.010), which constitutes an amendment to the 2016 California Fire Code (CFC). Thus, the project is required to comply with CFC, County's Fire Code, and LACOFD's fuel modification plan requirements. Based on recent communication witht the project team, Dudek was requested to provide a proposal to prepare al Fire Protection Plani fort the Proposed Project, As such, this scope of work and cost is being provided to evaluate the wildfire risk, and to evaluate the parkways. current fire response capabilities fort the site. Task 1 Preliminary Fire Protection Planning This task provides scope of work for site plan review, on-site risk assessment, and fire behavior modeling. Task 1a Data Acquisition and Review Dudek will acquire site and site-adjacent data including digital vegetation, topography, fire history, wind, temperature, and precipitation data from client and from available public Geographical Information System (GIS) sources. We will utilize this data, along with the site plans for our analysis ande exhibit preparation. P219710 October 2019 DUDEK 1 Mr. Kevin Kearney Subject: Proposal - Fire Protection Services for the Chadwick Ranch Project, City of Bradbury, Los Angeles County, CA Labor Cost for Task: 1a,. Task 1b $245 Site Risk Assessment and Field Data Collection Dudek will conduct sites specific risk assessment: andi field data collection that willl be usedi for completing the overall project risk assessment and fire behavior modelinganalysis. Among the field tasks that will be completed are: Vegetation measurements and mapping refinements Fuel load analysis (current and historic) Topographic features documentation Photograph documentation Off-site land uses andi fuel status Confirmaton/verincation of hazard assumptions Access/egress documentation Preliminary meeting with LACOFD, as necessary Labor Costi for Task. 1b.. Task 1c $1,600 Fire Behavior Modeling Focused fire behavior modeling for the Proposed Project is a cost effective means for evaluating hazard potential and determining priority fuel modification areas. Dudek will utilize Remote Automatic' Weather Station (wind speeds and fuel moistures) data for the project area to develop BehavePlus fire behavior runs. BehavePlus fire modeling software is widely used and has become the industry standard for predicting fire behavior on a given landscape. Fire behavior modeling can help substantiate the risk presented by specific conditions of the project area. Several areas of the project site where proposed development abuts native vegetation would generally be selected for focused firer modelinge efforts. The products of this modeling effort are color GIS exhibits indicating current condition and post-project condition for both extreme fire weather (offshore winds) and typical weather (onshore winds) scenarios. Labor Cost for Task: 1c. $2,500 Task 2 Fire Protection Plan Task: 2 provides scope of work for evaluation of fire response capabilities, discussion ofi fire code non-conformities, detailed description of fuel modification area requirements, and development of necessary requirements and Dudek will prepare a Fire Protection Plan (FPP) consistent with LACOFD equirementsy/guiceines (2017 Los Angeles County Fire Code). The FPP will be written to facilitate the Environmental Impact Review (EIR) preparer's use of analysis, results, recommendations and significance conclusions. The FPP will provide a comprehensive fire protection dialogue and format created through our extensive experience on large, controversial projects throughout California. We will document the site's fire environment and mitigation, using scientific analysis, recommendations: that will mitigate non-conformities. P219710 October 2019 DUDEK 2 Mr. Kevin Kearney Subject: Proposal - Fire Protection Services fort the Chadwick Ranch Project, City of Bradbury, Los Angeles County, CA experienced fire planning. judgement, and measures successfully used on other projects. We will utilize an FPP standardi thati includes the basic components necessaryto evaluate risk and provide measures to mitigate thatr risk. FPPS effectively memorialize risk based requirements of projects with input and final approval by the Fire Authority Having. Jurisdiction (FAHJ); i.e., LACOFD. Goals of the project's FPP are to minimize and mitigate firei issues created byt the project and to reduce the impact the project may have on the local fire protection delivery system. For the Proposed Project, it is anticipated that the FPP will be used to document the project's conformance with codes, particularly regarding fuel modification zone provisions, dead end road length, secondary access, and water availability, amongst others. The FPP will detail provisions for alternative materials and methods for providing the same practical effect for any project features that cannot comply strictly with the code. The FPP willi include sections addressing thet following components: Executive Summary Introduction Site and project description Site specific risk assessment Vegetation descriptions Fire behavior models Access roads (widths, lengths, parking, per project site plans) Water supply (per local water supplier estimates) Fire protection systems (sprinklers as required by code) Emergency access/egress (secondary egress availability) Fire department response and aid agreements (description of existing) Vegetation management and defensible space (summarize FMP) Structural protection/Dulding ignition resistance (compliance with Chapter 7A) Alternative Materials & Methods providing "same practical effect" for non- FMZI Maintenance recommendations/requirements Analysis of project effects and determination of significance Conformance Mitigation measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation, and climate oft the proposed site (consistent with the LAC County Fire Code). Dudek anticipates one review, comment, and revision cycle with the client and one review, comment and revision cycle with the LACOFD. The draft FPP willl be submitted electronically for client review. Three (3) hard copies of the draft FPP will bes submitted for LACOFD review and up to five (5) hard copies of thet final FPP will bes submitted. Note: Dudek will consult with the project's landscape architect for FPP consistency with the project's fuel modification plan/landscape plan, but will not prepare fuel modification plans/exhibits under this scope of work. Should you request preparation of fuel modification plans, Dudek will submit a scope of work and anticipated budget fora authorization prior to proceeding. Labor Cost for Task: 2.. $11,200 P219710 October 2019 DUDEK 3 Mr. Kevin Kearney Subject: Proposal - Fire Protection Services for the Chadwick Ranch Project, City ofBradbury, Los Angeles County, CA Task 3 Meetings, Project Administration, and communications Dudek anticipates attendance at two meeting (8 hours, including travel) through the project with the project team and/or LACOFD. This meeting mayi include presenting ouri initiali findings, discussing potential issues, and proposing mitigating measures (internally and then to LACOFD). No community or public meetings are included under this scope of work. Additional meetings will be considered out of scope and completed on a Time and Materials basis according to our 2020 rate schedule (attached) at an anticipate staff rate of $180 or $245 per hour, depending on the nature oft ther meeting and staff required. Other communications and administrative, QA/QC, report production and project management are included in this task as is general consultations with project engineers, biologists, landscape architect and planners regarding fire protection. Labor Cost for Task 3.. $4,710 ESTIMATED FEES Task Item Cost $245 $1,600 $2,500 $11,200 $4,710 $300 $20,555 Task 1: Preliminary Fire Protection Planning Task 1a: Data Acquisition and Review Task 1b: Site Assessment and Field Data Collection Task 1c: Fire Behavior Modeling Task 2: Fire Protection Plan Estimated Direct Costs Task 3: Project Administration, Public Services, and Communication Total In order to complete tasks 1 through 3, Dudek estimates the tasks outlined herein can be completed for a Time and Materials price of upt to $20,555, including direct costs, which are anticipated to be upi to $300. The project will be billed on a Time and Materials basis according to our 2019 rate schedule (Attachment A). The time and materials fee provided in this proposal represents an estimate of the anticipated level of effort required to complete thet tasks described ini the proposal. Should the actual effort to complete the proposed1 tasks be greater than anticipated and include out of scope requests, additional fee authorizations will be requested. No work in excess of the proposedi fee or outside oft the proposed scope of work will be performed without written authorization from the client. NOTE: All prices are valid 60 days from date of this submittal. Meetings are: subject to at two-hour minimum charge, including travel time. Invoices willl be submitted monthly and are due and payable within 30 days. P219710 October 2019 DUDEK 4 Mr. Kevin Kearney Subject: Proposal - Fire Protection Services for the Chadwick Ranch Project, City vofE Bradbury, Los Angeles County, CA Outo of Scope Tasks agency requirements: Thei followings specific tasks are not included in this scope of work or cost estimate but may be necessary to satisfy Revisions, other than one internal project team and one City/County submittal, review, revision cycle, to FPP, including Exhibits Out of scope information requests by project team members Preparation of Fire Management Plani for Open Space areas Out of scope meetings and public meetings Out of scope fieldwork Landscape or Fuel Modification Plans Other tasks not specifically included int the scope of work provided herein SCHEDULE Dudek willi initiate Tasks once authorization to proceed has been provided and a contract has been executed (see Attachment B for Dudek's standard contract, or please provide your standard contract for our review) The draft FPP will be submitted within 61 to 8 weeks of authorization and agreement execution. Dudek will work diligently toward completion within this timeframe. Should uncontrollable factors cause: a delay in this schedule, Dudek will If you have any questions or require additional information, please do not hesitate to contact me at (619) 992- 9161. Ifyou would liket to authorize this work, you may provide written authorization pertaining to this proposaland at formal contract will be set up. lappreciate the opportunity to submit this proposal and look forward to working notify you as soon as possible of the delay and of a new submittal timeline. withy you on this project. Sincerely, MichaerHuff Principal Fire Protection Planning Att.: Attachment A: Dudek: 2019 Standard Schedule of Charges Attachment B: Dudek: Standard Contract P219710 October 2019 DUDEK 5 Attachment A Dudek 2019 Standard Schedule of Charges ENGINEERING: SERVICES ProjectD Director... Principal Engineer I. Principal Engineerl II. Principal Engineerl Program! Manager.. Senior Projecth Manager. ProjectN Manager.. Senior Engineerl l. Senior Engineer! I. Senior Engineerl ProjectE Engineer IVTechnician IV... Project Engineer Technician! IL.. ProjectE Engineer /Technician! IL... ProjectE Engineer Technician! Project Coordinator.. Engineering Assistant.. ENVIRONMENTAL SERVICES Project Director.. Senior Specialist! IV. Senior Specialist III.. Senior Specialist I.. Senior Specialistl Specialist V. Specialist! IV. Specialist! III. Specialist! II.. Specialist! AnalystV.. Analyst! IV. Analyst! III. Analyst! I Analyst!. Technician! IV. Technician! III. Technician! .. Technicianl Compliance Monitor.. DATA MANAGEMENT SERVICES GIS Programmerl GIS Specialist! IV. GISS Specialist! III. GISS Specialist! GIS Specialist!. Data Analyst!I III. Data Analystll. Data Analystl. UAS Pilot.. CONSTRUCTION MANAGEMENT SERVICES Principal/Manager. Senior Construction! Manager Senior ProjectN Manager. Construction Manager. Project Manager. Resident Engineer.. Construction! Engineer.. On-site Owner's Representative. Construction Inspector II. Construction Inspector! II. Construction! Inspector! Prevailing Wagel Inspector.. HYDROGEOLOGICAL: SERVICES Project Director... Principal ydirogeologis/Enghneer: Principal HydigeolcgsvEngneer. Sr. Hydrogeologist IM/Engineer IV.. Sr.H Hydrogeologist: /Engineer I. Sr. Hydrogeologist) /Engineer I. Sr.H Hydrogeologist /Engineer! Hydrogeologist" VI/Engineer VI.. Hydrogeologist) V/Engineer V. Hydrogeologist! IV/Engineer IV.. Hydrogeologist VEngineer III.. Hydrogeologist Engineer Hydrogeologist VEngineerl Technician.. $285.0 00/hr $265.00/hr $255.00/hr $245.00/hr $225.00/hr $225.00/hr $220.00/hr $215.00/hr $205.00/hr $195.00/hr $185.00/hr $175.00/hr $160.00/hr $145.00/hr $115.00/hr $110.00/hr $245.00/hr $230.00/hr $220.00/hr $200.00/hr $190.00/hr $180.00/hr $170.00/hr $160.00/hr $145.00/hr $130.00/hr $120.00/hr $110.00/hr $100.00/hr $90.00/hr $80.00/hr $90.00/hr $80.00/hr $70.00/hr $60.00/hr $95.00/hr $185.00/hr $160.00/hr $150.00/hr $140.00/hr $130.00/hr $100.00/hr $90.00/hr $80.00/hr $100.00/hr $195.00/hr $180.00/hr $165.00/hr $155.00/hr $145.00/hr $145.00/hr $140.00/hr $140.00/hr $130.00/hr $120.00/hr $110.00/hr $135.00/hr $285.00/hr $260.00/hr $240.00/hr $225.00/hr $210.00/hr $195.00/hr $185.00/hr $165.00/hr $155.00/hr $145.00/hr $135.00/hr $125.00/hr $115.00/hr $100.00/hr DISTRICTI MANAGEMENT & OPERATIONS District Generall Manager.. District Engineer.. Operations Manager. District SecretanyAccountant. Collections System Manager.. Grade) V Operator.. Grade IV Operator.. Grade! III Operator. Grade IC Operator. Gradel Operator.. Operatori in Training. Collection! Maintenancel Worker! II. Collection Maintenancel Workerl OFFICE SERVICES Teehnea/DralinyCADD. Services 3DG Graphic Artist.. Senior Designer. Designer. Assistant Designer. CADD Operator III.. CADD Operator! I. CADD Operatorl CADD Drafter.. CADD1 Technician.. SUPPORT SERVICES Technical Editorl I.. Technical Editorl II. Technical Editorl Publications Specialist! I. Publications! Specialist! I. Publications! Specialist! Clerical Administration. Forensic Engineering- Courta appearances, depositions, andi interrogatories: ase expertw witness willbeb billeda at2.00t Emergency: andH Holidays- Minimumc charge oftwoh hours willbeb billedat1 1.75t timest ther normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductionsa andblueprinting. outsided datap processingando computers etc.., ared charged TravelE at1.156 Expenses timest thec direct Mileage cost. at current IRSa allowable Per involvedis chargeda cost Invoices, Late Charges- feesv will bet billedt to Clientn monthlya ands shallb bed duea andp payable uponn receipt. ared delinquentifnotpaidy within: 30d daysf fromt thed date oftheir invoice. Client agreest topaya monthlyl late chargec equalto1 1%p perr montho oftheo outstandingb balanceu untilp paid AnnualIncreases- infull. -Unlessi identifiedotherwise, theses standardratesw wilincrease3 39annualy. $195.00/hr $185.00/hr $160.00/hr $120.00/hr $135.00/hr $125.00/hr $110.00/hr $100.00/hr $75.00/hr $70.00/hr $65.00/hr $75.00/hr $65.00/hr $175.00/hr $165.00/hr $155.00/hr $150.00/hr $145.00/hr $140.00/hr $125.00/hr $115.00/hr $110.00/hr $145.00/hr $130.00/hr $115.00/hr $105.00/hr $95.00/hr $85.00/hr $90.00/hr rates. rates. diemy where overnight stayis Attachment B Dudek Standard Contract Provided Separately P219702 October 2019 DUDEK ATTACHMENT#2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (City ofbdpury/Uimsystem, 1. IDENTIFICATION This Amendment ("Amendment"), effective November 20, 2019, amends thel Professional Services Agreement ("Agreement") entered into on or about July 16, 2019, by and between the City of Bradbury, California, a General Law city and municipal corporation ("City"), and UltraSystems Environmental, Inc. (ULTRA), a California corporation ("Consultant"). 2. RECITALS 2.1 Nevis Capital, LLC has submitted applications to subdivide and develop the 111 acre property known as Chadwick Ranch Estates into a 14-residential lot subdivision. Among other things, entitlements will require a Specific Plan and 2.2 City had determined that it required the professional services of an environmental consultant for the analysis ofthe Chadwick Ranch Estates project and entered into 2.3 City has now determined that it also needs the services ofai fire behavior modeling consultant to prepare ai fire risk assessment and related services (Dudek); and that itr requires the services of a consultant to perform technical peer review of the Wildfire Safety Report to be prepared by Dudek, and to prepare a dedicated EIR 2.4 Consultant represents that iti is fully qualified to perform such professional services by virtue ofits experience and thei training, education and expertise ofits principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and Tract Map. the. Agreement with ULTRA to perform such services. section on wildfires conditions set forth in the Agreement and this Amendment. 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": Such professional services as are set forth in Consultant's Change Order #1 proposal to City dated November 11, 2019, which proposal is attached hereto as Exhibit A (the "Proposal") and incorporated herein by this 3.2 "Approved Fee Schedule": The fee for such Services specified in Change Order # reference. 1shall be as $5,720.00. -1- 4. NOTICES Any notices, bills, invoices, or reports required by this Agreement shalll be deemed received 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 ifdelivered by mail, postage prepaid, to the addresses listed below (ort to such other addresses as the parties may, from time to time, designate in writing). Ifto City: City ofBradbury 600 Winston Avenue Bradbury, CA 91008 Attn: Kevin Kearney Email - amney@sipolndhp.es Telephone: (626)358-3218 Facsimile: (626)303-5154 With a courtesy copy to: Cary S. Reisman, City Attorney City ofl Bradbury OfCounsel to Jones & Mayer 37771 N. Harbor Blvd. Fullerton, CA 92835 Email - sr@jones-mayer.com Telephone: (714)446-1400 Facsimile: (714)446-1448 EFFECT Ifto Consultant: Betsy Lindsay UltraSystems 16431 Scientific Way Irvine, California 92618 Email - bindwy@ulmaytems.com Telephone: (949)788-4900 Facsimile: (949) 788-4901 5. effect. Except as expressly modified by thet terms hereof, the Agreement remainsi ini full force and TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" City of] Bradbury By: Richard T. Hale, Mayor "Consultant" By: Betsy A Lindsay, Secretary UltraSystems Environmental, Inc. R Attest: Claudia Saldana, City Clerk Approved as to form: Cary S. Reisman, City Attorney -3- Exhibit 'A' UltraSystems rommentalemanagementeplanning November 11,2019 Project 5892 Kevin! R. Kearney, City Manager City of Bradbury 600 Winston Avenue Bradbury, CA 91008 E: eamgyeadbyalindhipen Subject: VIAEMAIL Change Order #1: Chadwick Ranch Estate Project Wildfire Safety Report Review and Draft EIR Topical Section Dedicated to' Wildfire REVISED Dear Kevin: UltraSystems Environmental, Inc. (UltraSystems) is pleased to submit this change order to assist the City of Bradbury (City) with technical peer review ofa Wildfire Safety Report, prepared by Dudek, and thej preparation ofa dedicated EIR: section on wildfires. Thes scope of work and not-to-exceed costs fort these services are provided below. SCOPE OF WORK Description Tasks Cost Preparation ofa dedicated UltraSystems will utilize thei information prepared byl Dudek topical section specifically for the Wildfire and Safety EIR: section. All Figures and GIS focused on wildfires and safety. information prepared during the development ofthis report $5,720 will be provided to the City for use in the Draft EIR for the Chadwick Ranch Estates project. TOTAL (not-to-exceed) $5,720 These services will be billed on a fixed fee basis. The total cost will not be exceeded without your Please call Betsy Lindsay, UltraSystems Project Director, should you have any questions at 949/788- expressed authorization. 4900: x227 or via email atl indsyeutraystemscon Corporate Office Orange County 16431 Scientific' Way Irvine, CA 92618-4355 Telephone: 949.788.4900 Facsimile: 949.788.4901 Website: www.utrasystemscom Kevin R. Kearney, City Manager City of Bradbury November: 11,2019 Page 2 UltraSystems Iagree to the scope ofwork, schedule and costs. Ultrasystems Environmental, Inc. Company Betsy Lindsay Print name President/CEO Title City of Bradbury Kevin R. Kearney City Manager Title dyetpudag Signature Signature UltraSystems TASKBYT TASKCOSTI FORT THEF PREPARATION OFA ANEIR- RANCHE ESTATESE EIR- Change Order# #1 Labor Categories>>>> ProjectD Director Deputy Project Scientist/ Senior Senior Senior GIS Word Total Hourly Ratex>> $185.00 $165.00 $150.00 $125.00 $130.00 $110.00 $75.00 Manager Engineer Planner Biologist!! Analyst Processor Total TOTAL Labor Hours (rounded) $5,720.00 44 Hours 0 24 0 4 4 0 24 0 4 4 0 24 0 4 4 $0 $3,000 $0 1.0 Review ofTechnials Studya andp Provide! New Topicals Sectioni intheD DEIR- Wildfires Section 1.2 Incorporate finalizedi informationi inton new Topical 0 12 12 12 $1,980 $5,720 Secition Subtotal 0 TOTALE HOURS 0 TOTALO COSTS $o $440 $300 $5,720.00 44 $5,720 ATTACHMENT#3 FIRST AMENDMENT TO 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 THE DEVELOPMENT OF CHADWICK RANCH ESTATES This Amendment ("Amendment"), effective November 25, 2019, amends the Agreement ("Agreement") entered into as of July 16, 2019, by and between the City of Bradbury, California, a General Law city and municipal corporation ("City"), and Nevis Capital, LLC ("Developer), who agree as follows: 1. circumstances: Recitals. The Agreement is made with reference to the following facts and A. City had entered into agreements with UltraSystems Environmental, Inc. (ULTRA) as the environmental consultant and Michael Baker International (MBI) as planning consultant to assist with the Project. B. City has determined that, due to the fire risk in the area, a fire behavior modeling consultant is needed to assist with the project, and has negotiated an agreement with Dudek, a company specializing in Engineering and Environmental consulting, to perform functions involving fire risk assessment. C. City has negotiated a modification to the agreement with ULTRA wherein ULTRA will perform technical peer review of the Wildfire Safety Report to be prepared by Dudek, and to prepare a dedicated EIR section on wildfires. D. In the Agreement, Developer agreed to reimburse City for all expenses incurred for environmental and planning services performed by ULTRA and MBI in connection with the project. E. The services to be performed by ULTRA and Dudek are collectively referred to herein as "Additional Services." City believes it is in the public interest for Developer to pay for such Additional Services and Developer is in agreement with paying for the Additional Services. 2. Services. 3. Agreement to Pay for Additional Service. Developer agrees to pay for all costs and expenses related to the Additional Deposits. Developer shall deposit with the City an additional sum of $26,275.00 to cover the anticipated costs of the Additional Services, within seven (7) days of the effective date of this Amendment. 1 4. Effect. Except as expressly modified by the terms hereof, the Agreement remains in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF BRADBURY By: Richard T. Hale, Jr. Mayor ATTEST: By: Claudia Saldana City Clerk APPROVED AS TO FORM: By: Cary S. Reisman City Attomey NEVIS CAPITAL, LLC: By: ayr 2 RichardHal, Mayor (District 1) Monte Lewis, Mayor Pro-Tem (District 2) RichardBarakat, Councifmember (District3) Bruce. Lathrop, Councifmember District 4) Elizabeth Bruny, Councimember (District5) EYEOE BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Scarlett Santos Leon, Management Analyst December 17, 2019 Approval of DUDEK's Consultant Services Proposal for the Development of a Wildfire Protection Plan ATTACHMENTS: 1. DUDEK Proposal for the Development of a Community Wildfire Protection Plan 2. Letter of Commitment from the City of Bradbury SUMMARY After a bidding process for the development of a grant-funded Community Wildfire Protection Plan, it is recommended the City Council authorize the City Manager and City Attorney enter into a contract for consultant services with DUDEK for the development of a Community Wildfire Protection Plan in the amount of $49,060. BACKGROUND During the July 2018 meeting, the City Council directed Staff to move forward with the Hazard Mitigation Grant Program (HMGP) application to request grant funds to supplement the cost toward a Community Wildfire Protection Plan. In August 2019, the California Governor's Office of Emergency Services (CalOES) confirmed that the City's In October 2019, the City circulated a Request for Proposal (RFP) for the Development ofa Community Wildfire Protection Plan (Attachment 1). The submission deadline was November 15, 2019 at 2:00 p.m. In response to the RFP circulated, the City received subapplication was approved in the amount of $44,999.76. three (3) submissions. Below is an outline of the submitted responses. FOR CITY COUNCIL AGENDA 12-17 AGENDA ITEM # 1F Approval of Dudek's Consultant Services Proposal for the Development of a CWPP Page 2of2 Company DUDEK Bureau Veritas Fee Estimate $49,060 $53,000 $55,480 Emergency Planning Consultants (EPC) Based on the vendor's proposal (Attachment 2) and the reference checks, Staff is recommending DUDEK as the best partner to develop the City's Community Wildfire Protection Plan. ANALYSIS DUDEK is a vendor with over 30 years of experience in assisting planners and decision- makers with comprehensive risk analyses and implementable hazard reduction and planning projects that have positive effects on local communities. DUDEK has assisted many communities develop CWPPS including the Counties of San Luis Obispo, San DUDEK utilizes a five-phase process to develop a Community Wildfire Protection Plan: (1) Kickoff meeting; (2) Conduct Hazard and Risk Analyses; (3) Conduct Stakeholder Workshops; (4) Prepare Maps; (5) Prepare Community Wildfire Protection Plan. This process takes approximately 28 to 37 weeks. The overall cost of the plan is estimated at Benito, and Monterey. $49,060. FINANCIAL ANALYSIS The State of California's Hazard Mitigation Grant Program has awarded Bradbury $44,999.76 in restricted grant funds to use toward the development of a Community Wildfire Protection Plan. Additionally, the City Council committed to a $5,000 monetary contribution toward the completion of this plan (Attachment 2). The City also has $10,862.32 available through the restricted Fire Safe Grant Fund account, which can be utilized for projects related toi fire safety and mitigation. In total, an amount of $60,862.08 is available to fund the proposed plan which is sufficient to cover the estimated cost of $49,060. STAFF RECOMMENDATION After a bidding process for the development of a grant-funded Community Wildfire Protection Plan, it is recommended the City Council authorize the City Manager and City Attorney enter into a contract for consultant services with DUDEK for the development of a Community Wildfire Protection Plan in the amount of $49,060. ATTACHMENT #1 DUDEK EOE BRADBUR Proposal for Development of a Community Wildfire Protection Plan PREPARED FOR City of Bradbury November 15, 2019 381 North Marengo Avenue Pasadena, CA91101 626.204.9800 dudek.com Table of Contents SECTIONS A. Cover Letter. B. Applicant Qualifications. D. Deliverables. E. Proposal Cost.. F. Exceptions.. TABLES 1 Projected Schedule.. 2 Project Deliverables by Task.. 3 Feel Estimate. FIGURES 1 Understanding of and Approach tot thel Project.. 12 18 19 20 17 18 19 Project Organization Chart.. Proposal for Development ofa a Community Wildfire Protection Plan Pagei ii DUDEK 4 - TETYCI BRADBUR Proposal for Development of a Community Wildfire Protection Plan PREPARED FOR City of Bradbury November 15, 2019 38 North Marengo Avenue - Pasadena, CA91101 626.204.9800 dudek.com 38 NORTH MARENGO AVENUE PASADENA, CALIFORNIA91101 T626.204. 9800 F626.204.9834 A.Cover Letter November 15, 2019 Via Email: ssantosleon@ctyoofbradbury.org Ms. Scarlett Santos Leon Management Analyst City of Bradbury 600 Winston Avenue Bradbury, California 91008 Dear Ms. Santos Leon, Subject: Proposal for Development of a Community Wildfire Protection Plan (CWPP) Dudek understands ther risk of wildfire and thei importance of planning efforts intended to mitigate that risk. Ourt team combines in-houset fire protection planning and geographici information. systems (GIS) expertise. fire hazard analysis and GIS technology soi that we can understand, analyze, andi model wildfire riski in relationship tot ther natural and built environment. Ours staff consists of professionals with fire protection, forestry, biological, cultural, GIS, and California Environmental Quality Act expertise, which we can draw from during plan development. As at team, we assist planners and decision makers with comprehensive risk analysis and implementable hazard reduction and planning projects that have aj positive effect on our local communities. We will provide credible, thorough community wildfire protection planning services fort the City of Bradbury andi its stakeholders. Dudek will be available and responsive to the City of Bradbury by staying ont task and on schedule and byf following up on requests We appreciate the opportunity to provide our qualifications and look forward working with you on this project. Ify you! have any questions regarding our proposal, please feel free to contact me at mhuffedudek.com or 619.204.9809. Dudek Project Manager Noah Stamm Our work on complex fire protection planning projects typically integrates 38 North Marengo Avenue Pasadena, California 91101 T/626.204.9809 F/626.204.9834 EInstamm@adudek.om www.dudek.com within a 24-hour response period. Dudek office int the Crown Building on North Marengo Avenue Sincerely, Michael Huff Project Director Proposal for Development of a Community Wildfire Protection Plan Pagei Table of Contents SECTIONS A. Cover Letter. B. Applicant Qualifications. D. Deliverables. :. Proposal Cost.. F. Exceptions.. TABLES 1 Projected Schedule.. 2 Project Deliverables by Task... 3 Fee Estimate. FIGURES 1 Understanding of and Approach tot the Project.. 12 18 19 20 17 18 19 Project Organization Chart.. Proposal for Development ofa a Community Wildfire Protection Plan Pagei ii B.A Applicant Qualifications 1&2. Team Member Qualifications The Dudek team has been strategically assembled to meet thet following three dimensions of project needs: (1) the need for strong project management to keep organized and maintain project momentum, (2) the need for fire protection planning professionals with extensive experience preparing fire protection planning documents and Community' Wildfire Protection Plans (CWPPs), and (3)t the need for expert technical knowledge to provide Key team member resumes are provided below, highlighting the qualifications most advantageous to prepare the geographic information system (GIS) mapping and database management. CWPP. Figure 1 presents our project structure. All work will be donei in-house by Dudek personnel. Figure. 1. Project Organization Chart BRADBURY PROJECT MANAGEMENT Project Manager Noah Stamm PROJECTTEAM Deputy Project Manager Scott Eckardt, RPF Fire Protection Planning Michael Huff, RCA Robert Scott Scott Eckardt. RPF Noah Stamm GIS/Mapping Lesley Terry Proposal for Development of a Community Wildfire Protection Plan Page 1 DUDEK Project Team Resumes Noah Stamm, Project Manager Noah Stamm is an urban forestry analyst with 10y years' experience in Education fire prevention, wildland fire and fuels management, wildland-urban interface (WUI) fire protection, urban forestry consulting, make-ready engineering, and GIS. Mr. Stamm has participated in numerous projects throughout California dealing primarily with fuel hazard reduction int the' WUI communities. He also has experience with consulting utilityf forestry, impact analysis studies, tree hazard include assessment andi inspections of hazardous fuel reduction modifications to communities within the WUI, inventory of oak sites, GPS mapping, data analysis, and preparation of assessment preservation plans. His relevant experience includes the following: California Polytechnic State University, San Luis Obispo BS, Forestry and Natural Resources (Wildland Fire and Fuels Management concentration) Certifications Firefighter Academy, Firefighter1 1 Professional Affiliations Arboriculture evaluations, and on-site tree monitoring and protection. These projects Oxnard College Regional woodlands, monitoring of native oaks and other trees on development International Society of WUI Site Inspections, City of Newport Beach Fire Department, California. Served as urban forester and performed site visits and inspections of vegetation within 100 feet of homes located within the WUI. If vegetation was found to be highly flammable or on the list of non-compliance, recommendations were made to remove: such vegetation. Hollywood Terrace Monitoring Project, Universal City Studios LLC, Los Angeles, California. Served as urban forester for Universal Studios monitoring project. Protected California live oaks (Quercus agrifolia) near various project sites on the studio's back lot. Tasks included inspecting overall health of trees, including looking for new Starway Expansion Project, Universal City Studios LLC, Los Angeles, California. Served as urban forester and inspected the protected California live oaks near the construction, job site. Tasks included inspecting overall health oft trees, making sure fencing surrounded thet tree protection. zone, and providing clients with tree Area 71 Oak Tree Support Project, Universal City Studios LLC, Los Angeles, California. Served as urban forester and monitored the protected California live oaks near the Area 71 job site, which is located ont the back lot of Universal Studios. Inspected overall health of trees, including looking for new growth from previous rains and Rancho Santa Fe Covenant Forest Analysis, Rancho! Santal Fel Association, San Diego County, California. Wrote Notices of Violation for non-compliant properties in accordance with California Public Resources Code, Section 4291, and Rancho Santa Fel Fire Protection District International Code Counci-Widland Urban Interface Code, 2008 Edition. Provided daily and weekly home/community inspections and re-inspections of hazardous fuel reduction modifications fort those who did not comply with department codes andi regulations. Created al Homeowners Firescape Landscape Guide. Reviewed, commented on, andi inspected landscape plans andi fuel modifications. growth from previous rains and inspecting the root ort trunk damage. protection measures and recommendations. inspecting the root or trunk damage. Proposal for Development of a Community Wildfire Protection Plan Page 2 DUDEK Scott Eckardt, RPE, Deputy Project Manager Scott Eckardt is a project manager, licensed forester, and certified the natural resource management field, specializing in forest throughout California. Project experience includes assessment and inventory of woodlands and forests; monitoring of woodland and forest resources on development sites; assessment of fire and fuel hazard conditions; WUI inspections for local fire departments; preparation of fire protection plans (FPPs) and CWPPS; GPS mapping; Licenses and Certifications environmental monitoring; and preparation of assessment reports, woodland/forest management and preservation plans, and California (RPF), License No. 2835 Environmental Quality Act (CEQA) technical documents. In addition, her routinely uses GIS data and aerial imagery in mapping, analysis of WE-5914A resource data, preparation of project plans, analysis of project impacts, evaluations of mitigation opportunities, and fire behavior and wildfire hazard conditions modeling. Mr. Eckardt previously (CAL FIRE) in South Lake Tahoe, where he managed fuel reduction, forest thinning, and forest rehabilitation projects. Relevant project CWPPS, San Luis Obispo, Monterey, and San Benito Counties, Education Long Beach California Polytechnic State University, SLO BS, Forestry and Natural Resources Management Registered Professional Forester ISA Certified. Arborist, Cert. No. Association for Fire Ecology Certified Wildland Fire Manager Professional, Affillations Professionals (AEP) ISA wildland firer manager with over 19 years' professional experience in California State University, resource and fire management issues in open-space and WUI areas MA, Geography worked for the California Department of Forestry and Fire Protection Association of Environmental experience includes the following: California. Mr. Eckardt has worked with numerous fire agencies and fire safe councils (FSCs) to develop CWPPS consistent with the 2003 Healthy Forest Restoration Act. For San Luis Obispo (SLO) County, he managed and prepared the countywide Unit Fire Plan and CWPP, thei firste effort int the state to integrate CAL FIRE unit planning and CWPP efforts with thei intent of creating a community-focused fire-planning document. The plan evaluated fire hazards and prioritized fuel-reduction efforts to minimize wildland fire risk. He also acted ast the project manager and prepared the countywide CWPPS for San Benito and Monterey Counties. These CWPPS identified communities at risk from wildfire and integrated community priorities in fuel treatment program dentification. Each project involved GIS mapping and data analysis and coordination among community stakeholders, including representatives from the Bureau of Land Management (BLM), U.S. Forest Service, CAL FIRE, the National Park Wildland Fire Evacuation Procedures Analysis, City of Santa Barbara, California. Mr. Eckardt served as the GIS and fire behavior modeling technical lead for the Wildland Fire Evacuation Procedures Analysis Project for the City of Santal Barbara Fire Department. The project involved identification of constraints associated with evacuation during a wildfire event andi incorporated fire! behavior and network modeling. The project involved the creation of at fuels data seti for the analysis area, use of terrain and weather data, development of a GIS-based fire behavior modeling database, and modeling of fire! behavior scenarios using FlamMap and FARSITE: software packages. The modeling results were used to identify potential management actions to be undertaken by the City of Santa Barbara, and all base files were provided toi the City of Santa Barbara for future modeling efforts. Service, and local SLO County government. Proposal for Development ofa Community Wildfire Protection Plan Page 3 DUDEK Michael Huff, Project Director/ Principal Fire Protection Planner Michael Huffi is an experienced fire protection planner and natural resources consultant with 26 years' experience in this field. He manages Dudek's Fire Protection Planning and Urban Forestry group, which includes arborists, foresters, GIS specialists, fire protection specialists, firei inspectors, plan reviewers, water conservation specialists, and Mr. Huffi is a Calforia-approved fire protection planner; certified wildland fire ecologist, Association of Fire Ecology; certified arborist, International Society of Arboriculture; and certified forester, Society of American Foresters. He is a member of the National Fire Protection Association andt the California Fire Chief's Association, Fire Prevention Officers. Hei is an annual trainer ati the Annual Fire Prevention Officer's Institute and an active member of the California Fire Chief's Association, Fire Prevention Officer's WUI Committee that meets monthly to discuss Wildland Fire Management Plan, Nature Reserve of Orange County, Orange County, California. Mr. Huff managed the preparation ofa Wildland Fire Management Plani fort the 36,000-acre Nature Reserve of Orange County (NROC). The project included extensive information review; field, GIS, and fire hazard analysis; stakeholder outreach and involved 38 stakeholder entities consisting of fire agencies, wildlife Education Northern Arizona University BS, Forest Management/Fire Ecology Certifications San Diego County Department of Planning and Land Use - Approved Fire Protection Planner Laguna Beach Fire Department- Approved Fire Protection Planner ISA, No. WE-4276A Registered Consulting Arborist #640 Certified Wildland Fire Ecologist Member, National Fire Protection Association - International Member, California Fire Chief's Association - Fire Prevention Speaker/Irainer, Annual Fire landscape architects. statewide WUIi issues. Relevant project experience includes thet following: Professional, Affiliations Officers consensus building; and preparation of a three-volume report. The NROC Prevention Officer's Institute agencies, infrastructure entities, land management entities, cities, counties, and private companies. Dudek conducted a series of stakeholder surveys to gain al broad understanding of stakeholder priorities. Al hazard analysis within 56 fire management units was also conducted via GIS analysis of fire history, ignition sources, modeled fire behavior, ands sensitive resources, augmented with field evaluations. The final plani included management recommendations, at tactical response plan, and a resource management plan. Wildfire Hazard Assessment and CWPP, Rancho Santa Fe Association and Fairbanks Ranch, Rancho Santal Fe, California. Mr. Huff provided assessment and recommendations for a 100-acre area that was previously burned int the Witch wildfire. Several homes werel lost, which prompted the associations to assess the hazard and develop recommendations: to reduce thel hazard. Dudek conducted fire behavior modeling using FlamMapi to graphically display the priority areas and provided recommendations: to reduce the hazard. Dudek also prepared a CWPP1 for the areai that was accepted by the FireSafe Council. This plan has been submitted with a grant application for fuel On-Call Fire Plan Review/Third-Party Consultant, Orange County Fire Authority, Orange County, California. Mr. Huff provides as-needed review of fuel modification plans and provides special studies regarding alternative materials and methods for the Orange County Fire Authority. To date, Dudek has provided review and comment ofi fire behavior modeling and proposed fuel modification and structural hardening for al large, master planned reduction funding. community in southern Orange County. Proposal for Development ofa a Community Wildfire Protection Plan Page 4 DUDEK Robert Scott, Fire Protection Planner Robert Scotti is a senior fire protection planner with moret than 30years' experience as ai federal and municipal firefighter, including more than 10 years' experience as a municipal fire marshal. As af fire marshal, Mr. Scott conducted complex plan reviews, construction various types of fire protection and life safety systems. Hel has conducted triennial code adoption and managed fire safety programs including plan review, building construction, hazardous materials, Scott has attended development and design review meetings for various projects, and developed and implemented fire safety policies reviewed fire protection plans and Fire Resource and Assessment Mr. Scott's fire expertise has been utilized to research, apply, and project-specific FPPS. Most of his projects have occurred in high-risk communities within a WUI. Additionally, Mr. Scott is at trained and ande enforced local ands state codes, ordinances, and policies. His Ocean Breeze' Wildland Fire Evacuation Plan, Helios Property Solutions, Bonsall, California. Prepared wildland fire evacuation plan. Education California State University, Long Beach BS, Vocational Education AS, Fire Science Certifications International Code Council, Inspector. and Building Plans Examiner, No. 862701 Designated Fire Marshal California Fire Service-Certified Fire Protection Specialist, Plans Examiner, Fire Prevention Officer, Commander, Fire Officer, Life Safety Officer Professional Affiliations International Code Council inspections for all types of projects and occupancy classifications and San Diego Miramar College, investigation, inspection, public education, and brush abatement. Mr. Certified Fire Inspector I, Building for manufacture, cultivation, and retail sales of marijuana. Hel has also Center for Public Safety Excellence, Program maps for projects in WUI areas. develop code requirements and draft emergency evacuation plans for Fire Investigator I, Hazmat Incident certified building plans examiner and fire inspector. Hel has developed Title 19/24, Motion Picture Fire relevant experience includes thei following: Lilac Hills Firel Protection Plan, LHR Investment Co., San Diego, California. Prepared emergency fire access Round Mountain Project, NEETI West LLC. Preparede electrical substation fires safetye evaluation and recommendations. City of San Marcos Fire Department, California. Served as division chief/fire marshal. Performed WUI1 fuel hazard inspections, Conditional Use Permits; Tentative Tract and Parcel Maps, large scale commercial and residential developments, wireless telecommunication, and Fire Protection Plans for hazardous materials and' Wildland City of Encinitas Fire Department, California. Served as fire marshal/branch chief. 2007-2014. evaluation and recommendations. Urban Interface 2014-2017. City of La Mesal Fire Department, California. Deputy Fire Marshall. Federal Fire Department, San Diego, California. Firefighter. Proposal for Development ofa a Community Wildfire Protection Plan Page 5 DUDEK Lesley Terry, GIS Analyst Lesley Terryi is a GIS analyst and computer-aided design specialist with 35y years' experience in research, design, data collection, computer primary responsibilities include research, transposition off field datat to topographic maps, creation and manipulation of GIS datal layers, and document preparation for various public agency submittais, with an emphasis ont the use of AutoCAD, Autodesk Map, ArcView, ArcMap, CorelDraw, and Adobe Photoshop. She provides highest level of expertise to accurately: and clearly depict the distribution of environmental resources, create and maintain databases, and anaylze Her relevant experience includes thet following: Carlsbad Fire Station No. 61 Project, City of Carlsbad, California. Created and analyzed GIS databases from field data and quantified existing conditions. Prepared biological resources report graphics. Education Northern Arizona University Palomar College Drafting Technologies Graphic Communications Professional Affiliations San Diego Arcinfo Users' Group Urban and Regional Information Systems Association, Women's Environmental Council, San Diego Chapter applications, and graphic arts in the land development field. Ms. Terry's BFA, Fine Arts impacts, as well as prepare plans for landscape and irrigation projects. San Diego Section Ocean Trails Park, City of Rancho Palos Verdes, California. Prepared construction drawings for the Ocean Trails Park int the City of Rancho Palos' Verdes. The! 5-acre public park overlooks the Pacific Ocean andi incorporates native landscaping with passive play and picnic areas. The park incorporates a variety of paved plazas, grass terraces with rock retaining walls, a wedding pavilion, pedestrian and bicycle paths and trails, picnic areas, and Multiple Habitat Conservation Plan, City of San Marcos, California. Generated and quantified multiple-scenario GIS databases of Conservation Areas fort the Focus Planning Area within the City of San Marcos Subarea Plan, a component of the Multiple Habitat Conservation Plan. Prepared map graphics for the Natural Communities Union' Valley Parkway Project, City of Santa Maria and County of Santa Barbara, California. Created and analyzed GIS databases fromi field data, quantified existing conditions, and proposed impact acreages for 8,500-foot-long roadway project. Prepared biological resources report graphics in support of CEQA documentation. Oceanside to Escondido Bikeway Project, Cities of Oceanside, Vista, San Marcos, and Escondido, California. Analyzed bikeway wetland impacts and prepared support maps for amendments to the permits following 4S Ranch Wetland Mitigation Programs (Artesian and Lusardi Creeks), 4S Kelwood/ Newland Communities, Rancho Bernardo, California. Prepared conceptual wetland mitigation plans andi final revegetation construction documents for mitigation programs associated with impacts to wetlands within two creek systems as part oft the San Luis Rey River Recreation Trail, City of Oceanside, California. Prepared a conceptual wetland mitigation plan and detailedi revegetation construction documents fori implementation of approximately 1.28 acres of wetland creation and enhancement, as well as upland coastal sage scrub transitional buffer habitat alongt the San Luis scenic overlooks. Conservation Plan for the City of San Marcos. issuance due to project changes and construction monitoring services. 2,891-acre 4S Ranch development within the County of San Diego. Rey River, in association with the city's recreation trail. Proposal for Development ofa Community Wildfire Protection Plan Page 6 DUDEK 3. Work Experience from Recent Similar Projects Dudek'si foresters andi fire protection planners are well versedi ini the natural landscape of fire ecology and protection of adjacent communities. Understanding a site, the unique fire environment thati it presents, and how We work with our clients to quantify and evaluate risk, determine appropriate measures to minimize risk, and where possible, prescribe the use of alternative materials and methods sO that existing communities are: safer. As a result, we develop focused CWPPS, FPPS, preplans, fuel modification plans, fire management plans, and related In addition, Dudek has offered GIS services to clients for over: 20y years, and has several as-needed contracts with California public agency clients. Several Dudek staff members are Geographic Information System Certification Institute certified and have current Geographic Information System roressional-Ceruned standing. Our Geographic Information System Professionals provide an array of services, from GPS/mobile iPad data capture int the field and high-end analysis and modeling to complex web-based application development with legacy integration. With an average of 1,200 GIS tasks completed annually for over 200 California-based clients, Dudek has prepared FPPS and worked with fire agencies to create safe communities for over 10 years. Dudek supports fire departments, fire protection districts, FSCS, land management agencies, and private landowners in thei implementation of fire protection planning and hazard reduction programs by conducting detailed site evaluations, risk assessments, and priority project analyses. We generate appropriate mitigation measures and prepare reports and documentation. thati include GIS-based graphics that are effective and easyt to read. best to mitigate and plan for worst-case fire conditions is our specialty. studies that have proven tol be implementable and safe. our staffi is practiced inj providing practical, efficient, cost-effective GIS solutions. Fire Management Plans Dudek'si fire planning, biological, and habitat restoration teams have collaborated on numerous habitat-based fire management plans and vegetation management plans for public and quasi-public agencies. Additionally, we have prepared numerous habitat-based plans for private development projects with large acreages of preserved open space and conservation easements. Fire Protection Plans As part oft the environmental review process, FPPS are required for many new California projects in' WUI areas or within designated high fire hazard severity zones. Dudek conducts CEQA-level analyses and prepares FPPS that meet ore exceed fire safety standards while placing a high priority on a site's unique characteristics and constraints, andi identifies alternatives that achieve equivalent protection, where necessary. Proposal for Development of a Community Wildfire Protection Plan Page 7 DUDEK WUlInspections and Assessments Dudek's fire protection specialists conduct both initial and annual assessments of vegetation conditions within the WUI to support fire department code compliance and fuel hazard reduction efforts. Field inspections typically involve an evaluation of vegetation species composition, vegetation structure, emergency access/egress locations, defensible space setbacks, and structural Fire Hazard Analysis and Fire Behavior Modeling hardening conditions. Dudek supports fire department hazard analyses and fire protection planning efforts by usingt the most recent GIS technology along with FlamMap, BehavePlus, or FARSITE fire behavior modeling software packages. The resulting graphical model outputs depictinganticipated fire behavior are invaluable planning and public education tools. Geographic Information System Services Dudek's GIS team offers project support, GIS data creation, mapping, and spatial analysis. Our team has supported more than 350 projects, ranging in scale from parcel-specific sites to large regional GIS databases to sophisticated hydraulic modeling for wastewater system planning. We provide hardcopy mapping and digital deliverables, as well as custom interactive desktop applications and web-based GIS applications. As a certified ESRI Business Partner, we use ArcGIS and AutoCAD to create, convert, query, analyze, and display geographic digital data. GIS: services include the following: Data creation/conversion analysis Natural resource/urban planning/ utility/asset management mapping Field data collection with GPS Database desigr/development Hydraulic modeling Fire behavior and environment modeling Wildlife corridor/habitat. suitability modeling 3D visual analysis/animation Computerized maintenance and monitoring systems Record map file management Web-based/mobie GIS application development GIS needs assessment/gap analysis GIS system implementation and training Proposal for Development ofa a Community Wildfire Protection Plan Page 8 DUDEK Relevant Projects Dudek is proud of the client relationships we build and maintain. Contacting our references is an excellent way to let those relationships speak for themselves ands showcase the level of quality we bring to each project. SLO County CWPP and Unit Fire Plan Update Client: County of San Luis Obispo Firei Department/CAL FIRE Reference: Greg Alex, Pre-Fire Engineer, 805.528.2162 Dudek prepared the countywide Unit Fire Plan and CWPP document for SLO County, which was undertaken by SLO County in an effort to identify and mitigate risk associated with wildland fire. This project was the first effort in the state to integrate CAL FIRE unit planning and CWPP efforts with thei intent of creating a community-focused fire- planning document. This comprehensive plan involved evaluating wildfire hazard, identifying assets and communities at risk, and providing a framework for identifying and prioritizing wildfire-risk- reduction efforts throughout SLO County. Factors evaluated to better understand wildfire hazard in SLO County included vegetation distribution, land use, land ownership, local land use regulations, existing firefighting response capabilities, fire history, andi fire weather patterns. Fire hazard was then analyzed with community and asset values to determine appropriate fuel treatment options intended to minimize wildfire losses. Development of the plani involved coordination with local government, fire and land management agencies, and other community stakeholders. The plan is dynamic and will allow fori integration of priorities from local, state, and federal agencies, and will serve as a mechanism for acquiring federal funding for hazardous-fuel-reduction projects. Client: San Benito County FSC and Monterey FSC Multiple CWPPS References: Michael Chiodini, BLMI Fire Management Officer (San Benito and Monterey), 831.630.5029 San Benito County Dudek worked closely with the San Benito FSC to prepare a countywide CWPP consistent with the 2003 Healthy Forest Restoration Act. The CWPP identifies communities at risk from wildfire andi integrates a community-based approach to project identification, fuel treatment, and community prioritization. The project alsoi involved significant GIS-based mapping and analysis of fuel loads, as well as coordination among community stakeholders, including representatives from the BLM, CAL FIRE, the National Park Service, and local county government. The CWPP will ultimately serve as a mechanism for acquiring federal funding for hazardous- fuel-reduction projects throughout San Benito County. CAL FIRE and the San Benito County Board of Supervisors finalized, approved, and signed the CWPP. Proposal for Development ofa a Community Wildfire Protection Plan Page 9 DUDEK Monterey County Dudek assisted the Monterey FSC in coordinating and preparing the Monterey County CWPP. The plani focused on acounty-level: scale and was created to provide at framework for localized CWPPS tol be preparedi in various areas ofN Monterey County. Project tasks included conducting publici input meetings; conducting field evaluations to assess wildfire risk; coordinating with representatives from CAL FIRE, BLM, U.S. Forest Service, and other land management agencies; developing community base maps; conducting GIS analysis; and drafting thet final Monterey County CWPP. Dudek also provided the project grant coordinator with monthly reports to assist in grant reporting efforts. Wildland Fire Management Plan Client: NROC References: James Sulentich, Executive Director, 714.973.6651 Dudek prepared al Wildland Fire Management Plani for the 36,000- acre NROC. The project included extensive information review; field, GIS, and fire hazard analysis; stakeholder outreach and consensus building; and preparation of a three-volume report. The NROC involved 38 stakeholder entities consisting of fire agencies, wildlife agencies, infrastructure entities, land management entities, cities, counties, and private companies. Dudek conducted a series of stakeholder surveys to gain al broad understanding of stakeholder priorities. An extensive hazard analysis within 561 fire management units was also conducted via extensive GIS analysis of fire history, ignition sources, modeled fire behavior, and sensitive resources, augmented with field evaluations. Thei final plan included management recommendations, at tactical response plan, and a resource management plan component. Wildland Fire Evacuation Procedures Analysis Client: City of Santa Barbara Fire Department References: Amber Anderson, Wildland Fire Specialist, 805.564.5720 Dudek conducted a wildland fire evacuation procedures analysis fort the City of Santa Barbara Fire Department. This multifaceted project involved a detailed analysis of traffic patterns andi flows within the City of Santa Barbara's Wildland Fire Suppression Assessment District using GIS-based network modeling. In addition, the project included detailed wildfire behavior modeling within the Wildland Fire Suppression Assessment District using FlamMap and FARSITE software packages. Fire behavior modeling involved a significant effort to develop appropriate fuel models, using remotely sensed data products (vegetation data, satellite and aerial imagery, and other derived products [normalized difference vegetation index, impervious surfaces, color infrared!) coupled with field observations andi information provided byt the Santa Barbara Fire Department. Once developed, the fuel models were used to build al landscape filet fort the Wildland Fire Suppression. Assessment District so that wildfire modeling scenarios could be run, evaluated, and compared with the evacuation traffic analysis. The result was a series of recommendations for the Santal Barbara Fire Department to improve evacuation capabilities during a wiidfire event. As a component of the project, Dudek aiso provided the City of Santa Barbara with aii GIS data sets, including the landscape file, so that future wildfire behavior modeling scenarios could be run and analyzed. Proposal for Development ofa Community Wildfire Protection Plan Page 10 DUDEK WUI Compliance Inspections Client: City of Newport Beach Firel Department References: Raymi Wun, Life Safety Specialist, 949.644.3110 For 17 years, Dudek has worked with the City of Newport Beach Fire Department to implement their WUI compliance inspection program. This is an ongoing annual project (initiating in 2002), which involves determining property compliance with City of Newport Beach fire code. Eachy year, Dudek staff are responsibie fori inspecting, mapping, and documenting hazardous fuel conditions within the WUI protection area of the City of Newport Beach Fire Department. Existing native and non-native vegetation conditions-including species, density, and continuity- are evaluated based on currently adopted fire codes, and prescriptions are madet for required corrective actions. Field mapping efforts are enhanced by use of GIS, digital aerial photography, and GPS technology to capture site- specific resource data. Data are also prepared fori integration into the City of Newport Beach's GIS byl linking field condition descriptions with geographic reference information, allowing access to relevant site information. Follow- upi inspections are also conducted: as a part of the annual inspection cycle to verify whether fuel reduction efforts have or have not been completed. Proposal for Development ofa a Community Wildfire Protection Plan Page 11 C. Understanding of and Approach to the Project 1. Summary of Approach The WUI existing in portions of the City of Bradbury (City) represents potential fire hazards due to thei interface andi intermix of development near naturally vegetated open areas. Bradbury is listed as a Community at Risk by the State of California. The goal of this project undertaken byt the Cityi is the creation of a Citywide CWPP aimed at Dudek understands that the CWPP project area incorporates the entire City, with at focus on the' WUI areas. The scope of work provided is based on Dudek's experience preparing other CWPPS in counties, cities, and communities throughout California. The CWPP will comply with all Healthy Forest Restoration Act and California Fire Alliance Guidelines, and Dudek will rely heavily on the expertise of the City and Los Angeles County, along reducing wildfire risk to City communities, firefighters, and assets. with local agency representatives in the CWPP planning process. 1a. Project Management Approach Dudek leaders and staff are well equipped to meet the needs of the City. Our management approach and our use oft technological tools andi resources form the basis of our success. The Dudekt team will carry out ap project management plan emphasizing thet following key elements: Senior technical oversight and daily administrative management Regular communication Schedule and cost monitoring and reporting Quallyassuranoe/qualy control program Virtual collaboration tools Senior Technical Oversight and Daily Administrative Management Dudek has always fostered clear communication and cooperation with our client's staff. We work with our clients to establish regular teleconferences and prepare agendas and notes to assist both teams in ensuring that any issues are clearly understood, and that work proceeds in a unified manner. We use check-in meetings with our project teams to allocate resources properly according to the client's schedule constraints. When working on several concurrent projects, Dudek identifies commonalities and areas where information sharing can reduce the time, budget, or work needed to produce deliverables. Proposal for Development ofa a Community Wildfire Protection Plan Page 12 DUDEK Continuous Communication Ane effective project manager facilitates a continuous flow of information, data, instructions, and guidance. Dudek's task managers will maintain constant communication with the City by performing the following duties: Serving as the single point of contact Regularly calling or emailing key contact staff person to discuss project milestones, activities, and Holding regular project management meetings with key project stafft to coordinate work efforts, monitor Updating, as necessary, the project description, schedule, work progress reports, andi inventories of available datas so1 that alli team members are aware of information thatr may affect their work products and schedules potentiai issues task completion, andi review budget conformance Coordinating with City staff at strategicj junctures for public input Schedule and Cost Monitoring and Reporting also help closely monitor cost and schedule performance. Quality Assurance/Quality Control Program Dudek employs a variety of computerized project management systems to oversee project costs and schedule adherence. We use our regular project team meetings to maintain continuous communication. These meetings Dudek's quality assurance/quality control program involves senior staff review of technical documents combined with thes services of our Editorial and Publications Departments to produce high-quality documents done right the first time. Our in-house staff reviews work products for completeness, accuracy, and coordination in accordance Att the outset of the project, the Dudek technical editing team will create a project-specific style guide to ensure consistency of thet terms and nomenclature usedi in work products. This style guide willl be: shared witht the Cityt to ensure thati itr meets expectations for document format and style. Draft written work products will go througha technical editorial review following the agreed-upon style guide and will be formatted by Dudek's publications staff. Dudek offers several tools tof facilitate efficient, productive virtual collaboration with the City includingt the following: File sharing/storage: ShareFile is Dudek's cloud-based file sharing and storage system. This tool allows Document co-authoring: Dudek offers simultaneous document co-authoring capabilities through the Client portals: Client portals are custom-built websites designed for clients that can be accessed via www.dudek.com. Client portals are: set up per client and/or project specifications. Mobile data collection and reporting: Dudek's Kerata tool offers field-to-screen data capture and quantification solutions that bring results and analysis directly tot the City. Virtual meeting: Dudek uses GoToMeeting to schedule and conduct real-time online video/audio/web) Thet following scope of worki llustrates how Dudek has approached: similar projects. We are capable of altering withi internal quality assurance/quality control guidelines. Virtual Collaboration Tools Dudek to share and access files with the City. SharePoint engine. This is easily set upt through a client portal. meetings with clients. this workflow to meet the City's objectives and to maximize budget efficiency. Proposal for Development ofa a Community Wildfire Protection Plan Page 13 DUDEK 1b. Approach to Scope of Work Task1 Kickoff Meeting Review Existing Information We anticipate al kickoff meeting to coincide with our initial data gathering effort. The kickoff meeting will enable the City and Dudek to establish lines of communication, discuss milestones/crtical paths, and begin the CWPP process. The kickoff meeting will also provide at forum to discuss the schedule for stakeholder outreach meetings. In our experience, gaining stakeholder input ini the early stages oft the CWPP process is critical to developa document that will be approved andi implemented. Data and Information Review This task will include collecting, processing, and managing all relevant datasets fort the CWPP development process. We expect to review and/or process the following background information: Any relevant fire! history datasets Local community plans, policies, and regulations Local fire planning documents Los Angeles County's Unit Strategic Fire Plan assets, communities, etc.) Fuel treatment datasets Local weather data Available firel hazard mapping data and other pertinent GIS files (vegetation/land cover, terrain, roads, Current literature regarding fuel reduction treatments and community protection Any additional relevant documents identified byt the City and the core team during the kickoff meeting Data review will alsoi include identification of data gaps, which will be discussed with the City. Dudek assumes that all relevant GIS1 files for CWPP development (e.g., communities, roads, assets, infrastructure locations) will be provided by the City, or otherwise be publicly available. Task 2 Conduct Hazard and Risk Analyses Dudek'si initial effort will involve at field assessment tol better understand thet fire environment present int the project area. Thet field assessment willi include an evaluation of terrain, vegetation/fuel types, treatment areas, road/access conditions, landscape characteristics, and other environmental variables that increase wildfire risk orp prohibit fuels treatment activities. Dudek proposes to coordinate with the City prior to conducting the field assessment to better understand local fire risk factors. Additionally, Dudek will conduct its fire-focused field assessment with representatives from the City, if possible. Presence of local experts during our field evaluations will result in greater efficiency as well as important information exchange. Field evaluations are intended to be general, without detailed property and site mapping. For budgeting purposes, Dudek proposes to conduct thef field assessment immediately prior to or following the kickoff meeting. Proposal for Development ofa a Community Wildfire Protection Plan Page 14 DUDEK Fire behavior potential for the project area willl be analyzed usingt the FlamMapi fire behavior software package. Fire behavior modeling can aid the planning process by visually illustrating areas where predicted high-intensity fire coincides with urban development. These areas can then bey prioritized appropriately for potential hazard analysis and mitigations. FlamMap uses raster-based GIS datai inputs and analyzes several fire behavior variables, includingi flame length, rate of spread, maximum ember spotting distance, and burn probability. The following data are necessary to run FlamMap: Topography- - Derived from a digital elevation model, the software requires elevation, slope, and aspect data. Weather - Historic weather data to be accessed from local Remote. Automatic Weather Stations (RAWS) and processed usingt the FireFamily Plus software package to determine 97th percentile weather values for fuel moisture, air temperature, 20-foot wind speed, and wind direction. Ignition Sources - Derived from interviews withi fire authority personnel and on-line sources. Dudek assumes that all relevant GIS files for FlamMap modeling efforts will be provided byt the City, or otherwise bep publicly available. FlamMapi fire behavior outputs willl bei in the raster-based GIS format suitable for further analysis and map-making efforts. Fire behavior output variables selected fori inclusion int this analysis are maximum ember spotting distance, flame length, and rate of spread. The base landscape file created for fire behavior analysis in FlamMap (Icp) willl be provided tot the City for use ini future analysis. Usingt the results of FlamMap fire behavior modeling efforts, Dudek will evaluate road, asset, and infrastructure locations to determine potential damage, which may result from wildfires in the project area. This evaluation willl be conducted ina GIS and will allow Dudek toi identify specific areas that would benefit from fuels treatment or other fire hazard Fuels - Derived from digital vegetation mapping data. reduction efforts. Task 3 Conduct Stakeholder Outreach This task addresses stakeholder and community meetings expected tol be heldi in support of CWPP development. One Initial Stakeholder Meeting: Thei focus of this meeting will bet to discuss the CWPP preparation process with the Working Group: and Development Team and gather preliminary input. One meeting is expected, and Dudek assumes that the City will be responsible for scheduling and securingt the meeting location. One Post-Analysis Meeting: The focus of this meeting will bet to gather public and stakeholder input about wildfire hazard conditions in the City following the hazard and risk analyses conducted under Task 2. This meeting will be used to solicit inputf from the public to identify wildfire hazard issues in the project area and solicit ideas fort fuel hazard reduction projects or other projects that may help mitigate wildfire risk. Dudek assumes that the City will ber responsible for scheduling the community meeting and securing the meeting location. Dudek will provide all necessary maps and data, and will prepare and present al PowerPoint presentation toi the community that will outline thel hazard and risk analysis approach, planning datasets, andi initial ndne/recommendaton: One Post-Draft CWPP Meeting: The purpose of this meeting is to present the draft CWPP tot those who have been invoived in its development andi those responsibie fors signing and approving the CWPP. This meeting wili provide an opportunity for stakeholders to provide feedback on the draft CWPP, which will bei incorporated into thet final CWPP. One meeting is expected, and Dudek assumes that the Cityy will be responsible for scheduling and securing Dudek proposes thei following meetings for the project: the meeting location. Proposal for Development ofa a Community Wildfire Protection Plan Page 15 DUDEK Task 4 Prepare Maps Dudek will prepare a series of base maps to bei included in the CWPP. Several of these maps will also assist during stakeholder outreach efforts. Thet following data will be included on maps to bei included in the CWPP: WUI boundary Fire hazard severity areas Vegetation/fuel type Terrain (slope) Fire history Assets (community areas, infrastructure, existing fuel treatment areas) Sensitive habitat areas Fire behavior Ember spotting distance Potential fuel treatment areas All data files used to generate maps willl be provided by or developed in coordination with the City. All maps willl be developed using ArcGIS: software and all digital mapi files will be provided to the City. Task 5 CWPP Development Prepare CWPP Following data acquisition, map development, community risk assessment, and stakeholder outreach, Dudek will prepare a draft CWPP. The draft CWPP will reflect current conditions and priorities and will use the results of the hazard and risk analysis as a basis for project prioritization. The following components will bei included ini the draft CWPP: Project area overview (values at risk, land use, fire protection capabilities) Resources at risk (WUI, assets, infrastructure, sensitive resource: areas) Wildfire hazard assessment (summary of analyses, identification of hazard areas) Wildfire environment vegetation/fuels, weather/limate, fire history, topography, potential fire behavior) Action plan (Community preparedness, public education, asset protection, fuels management, evacuation) Maintenance and monitoring of CWPP document Recommendations (to reduce wildfire risk) Base maps The draft CWPP will bep provided toi the working groupi for review and comment. This taski includes delivery ofa digital CWPP document (e.g., Microsoft Word) to facilitate review and comment. Dudek assumes that the working group will provide one: set of consolidated comments following review of the draft CWPP. CWPP Finalization graphics, and GIS data. This task includes finalization of the CWPP document following review and comment byt the working group. Deliverables fort this task include three hard copies and one complete press-ready PDFt that includes all maps, All maps generated for the CWPP will be plotted at a scale sufficient to includet the entire project area. If necessary, multiple sheets will be used so that map components are legible and discernible. The projection standard for all maps will bel NAD 83, California State Plane, Zone 5, with units in feet. The data standard for all map data will be ESRI-compatible shapefile, geodatabase, or raster format. Where possible, Dudek will use existing datasets available from City GIS professionals. Proposal for Development of a Community Wildfire Protection Plan Page 16 DUDEK 2. Other Project colaboration/npur All work ont this project willl be accomplished by Dudek in house. 3. Description of Outside Staffing All work on this project willl be accomplished by Dudeki in house. 4. Proposed Project Schedule Table 1 depicts the projected schedule to complete the scope of work outlined in Section 1B. Dudek will work with the City to determine the appropriate edits tot this estimated schedule, should they be necessary. Further, Dudek will regularly communicate with the City to ensure timely submittal of required grant documents. Table 1. Projected Schedule Project Task Start Date Following Task: 1 Following Task: 2 Following Task: 1 Project initiation Approximate Duration 3to 4 weeks 4to 6 weeks 3to5 5 weeks 4to6 6v weeks 141 to 16 weeks 1. Kickoff Meeting and Review Existing Information Project initiation 2. Conduct Hazard and Risk Analyses 3. Conduct Stakeholder Workshops 4. Prepare Maps 5. Prepare CWPP can adjust task completion timelines. Note: approximate duration of each task is provided as an example. Depending on the City's internal timeline, Dudek Proposal for Development ofa Community Wildfire Protection Plan Page 17 D.Deliverables Table 2 presents thet task-based project deliverables. Table 2. Project Deliverables by Task Task Description No. 1 2 3 4 5 Kickoff meeting summary notes and summary ofi identified data sets to! be usedi for CWPP development Map depicting fire behavior modeling results. Mapy will bep provided in digital PDF1 format. GIS datai files generated during Task 2 willa also be provided toi the City Meeting summary notes for each of thet three stakeholder outreach meetings CWPP maps seti in digital PDF1 format. GIS datai files generated during Task 4 will also be provided toi the City One draft CWPP document in digital (Word) format. Onet final CWPP document in digital (press-ready PDF) and hard copy (three printed copies) formats Proposal for Development of a Community Wildfire Protection Plan Page 18 De 00 00 4 a 16 0o 6 00 0 CN co 2N 16 Co 8 - F.E Exceptions Dudek is prepared to execute al Professional Services Agreement with the City of Bradbury. Proposal for Development ofa a Community Wildfire Protection Plan Page 20 DUDEK 800.450.1818 I DUDEK.COM I HELLOQDUDEK.COM SOUTHERN CALIFORNIA Encinitas (Main) La Quinta Pasadena Riverside San. Juan Capistrano CENTRAL COAST Santa Barbara Santa Cruz NORTHERN CALIFORNIA Auburn Oakland Sacramento HAWAI'T Kailua, O'ahu OREGON Portland HABITAT RESTORATION SCIENCES AL Dudek Subsidiary ATTACHMENT #2 CITYof BRADBURY moupontad)wy26. 1957 August 21, 2018 California Governor's Office of Emergency Services Hazard Mitigation Grants Program Unit Attention: HMGP 3650 Schriever Avenue Mather, CA 95655 SUBJECT: DR-4353 Subapplication Funding Match Commitment Letter To Whom It May Concern: The City of Bradbury is excited about the opportunity to apply for the Hazard Mitigation Grant Program (HMGP) to develop a Community Wildfire Protection Plan (CWPP). The City's request of $45,000 in grant funds from the California Governor's Office of Emergency Services will help the City's efforts to achieve the goal of developing a Community Wildfire Protection Plan and providing a safer environment for the Bradbury community. This letter serves as Bradbury's commitment to meet and exceed the locai match fund requirements for the HMGP by providing $32,000 of monetary and in-kind The City is committed to assisting with the proposed pian with $7,000 in matching funds to account for personnel time dedicated to administrative work related to research and coordination with participating stakeholders for the CWPP development. In addition, the City would like to make a $5,000 monetary contribution to demonstrate the City's matching funds. 000.Winston Arense * Brachuss Gns A263A dedication to complete the proposed plan. The monetary contribution will use the City's The Los Angeles County Fire Department (LACFD) will be collaborating with the City to deveiop a CWPP. LACFD committed to assist with these efforts with $20,000 as an in- kind contribution to assist with coordinating and developing environmental studies, producing Geographic Information System maps, assisting with community meetings, and identifying areas for fuel reduction, vendor selection and providing community Should you have any questions or concems, please contact Scarlett Santos Leon, Management Analyst, via email at santosleon@ciyompradDury.org or by calling (626) general fund monies and will be made available upon grant approval. education programs. 358-3218. Sincerely, Richard Barakat Mayor INCORPORATED JULY RichardHale, Mayor (District 1) Monte. Lewis, Mayor Pro-Tem (District 2) RichardBarakat, Council Member (District. 3) Bruce Cathrop, Council Member (District 4) Elizabeth Bruny, Council Member (District 5) TOFE BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members oft the City Council Claudia Saldana, City Clerk December 17, 2019 Resolution No. 19-31 Providing for the Appointment to the Offices of the City that were to be elected on Tuesday, March 3, 2020 ATTACHMENT: Resolution No. 19-31 SUMMARY At the close of the Nomination Period on Friday, December 6, 2019 there are not more candidates than offices to be elected. The City Clerk's Certification was provided to the City Council on December 6, 2019 and a Notice to that fact was posted at the City Hall entrance Section 10229 of the Elections Code allows one oft the following courses of action to be taken by gate and on the City's website. the City Council: 1. 2. 3. DISCUSSION Appoint to the office the person who has been nominated. Appoint to the office any eligible voter if no one has been nominated. Hold the election if either no one or only one person has been nominated. The following persons are eligible to be appointed to the offices to which they were nominated, and are considered to be the same as being elected, pursuant to $10229(a)(3) of the Elections Code: 1) 2) 3) Richard T. Hale, Jr for Member of the City Council, District One for the full term ofi four years, ending March 2024 D.I Montgomery Lewis for Member of the City Council, District Two for the full term ofi four years, ending March 2024 Bruce Lathrop for Member of the City Council, District Four for the full term of four years, ending March 2024 FOR CITY COUNCIL AGENDA 12-17 AGENDA ITEM # I.G March 3, 2020 Election December 17, 2019 Page 2 of2 FINANCIAL ANALYSIS Ifthe Council chooses to make the appointments (Option 1), there will be substantial savings to the City. If the Council decides to hold the election (Option 3), the cost for the election is estimated to be $15,000. STAFF RECOMMENDATION Itis recommended that the City Council adopt Resolution No. 19-31 appointing to the Office of Member of the City Council (Districts One, Two and Four) the persons who have been nominated and cancelling the General Municipal Election that was to be held on March 3, 2020. The last day to cancel the Election is December 19, 2019. RESOLUTION NO. 19-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, MARCH3, 2020 WHEREAS, pursuant to $10229 of the Elections Code of the State of California, as of the close of the nomination period on Friday, December 6, 2019, there are not more candidates than offices to be elected and that $10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. Hold the election if either no one or only one person has been nominated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND 3. ORDERAS FOLLOWS: WHEREAS, a notice that there are not more candidates than offices to be SECTION 1. That pursuant to $10229 of the Elections Code of the State The following persons are being appointed to the office to which they were nominated, and are considered to be the same as being elected, pursuant to elected was posted on December 6, 2020 pursuant to law. of California, the following action is being taken: $10229(a)(3) of the Elections Code: Richard T. Hale, Jr., Member of the City Council, District One for the full term of four years, ending March 2024 D. Montgomery Lewis, Member of the City Council, District Two for the full term of four years, ending March 2024 Bruce Lathrop, Member of the City Council, District Four for the full term of four years, ending March 2024 SECTION: 2. The election scheduled to be held on Tuesday, March 3, 2020, is now canceled. Reso. No. 19-31 Page 1of2 December 17,2019 SECTION 3. The persons appointed, if any, shall qualify and take office SECTION4. That the City Clerk shall certify to the passage and adoption PASSED, APPROVED AND ADOPTED on December 17, 2019. and serve exactly as if elected at a municipal election for the office. of this resolution and enter it into the book of original resolutions. Mayor - City of Bradbury ATTEST: City Clerk - City of Bradbury "I, Claudia Saldana, City Clerk, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Bradbury, California, at a regular meeting held on the 17th day of December, 2019, by the following roll call vote." AYES: NOES: ABSENT: City Clerk - City of Bradbury Reso. No. 19-31 Page 2of2 December 17,2019 Richard. Hale, Jr., Mayor (District 1) Monte Lewis, Mayor Po Tem (District 2) RichardBarakat, CouncifMember (District3 3) Bruce. Lathrop, CouncifMember (District 4) Elizabeth Bruny, CouncifMember (District. 5) E - BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Kevin Kearney, City Manager December 17, 2019 REGULATIONS Parking DISCUSSION ON ALTERING THE CITY'S OVERNIGHT PARKING ATTACHMENTS: 1) Bradbury Municipal Code, Article VIII - Stopping, Standing or 2) Letter sent out to Residents 3) Responses Received: Not In Favor of Overnight Parking 4) Responses Received: In Favor of Overnight Parking SUMMARY During the October meeting, the City discussed altering the City's overnight parking regulations on all public streets. Currently, regulations only exist on Mt. Olive Drive and Mt. Olive Lane. The Council ultimately directed staff to mail a letter to all potentially affected residents to solicit their opinions on regulating overnight parking. Itis recommended that the City Council direct Staff on how to proceed. If changes are desired, Staff will return with an ordinance that incorporates any directed changes to the City's municipal code. DISCUSSION The City currently has regulations on overnight parking for Mount Olive Drive and Mount Olive Lane. Pursuant to the B.M.C. 4.01.1000, there is no parking allowed on these two streets between the hours of 4:00 a.m. and 5:00 a.m. (ATTACHMENT #1). The following is a list of public streets that allow parking but do not have overnight regulations: FOR CITY COUNCIL AGENDA 12-17 AGENDA ITEM # 2 Discussion on Altering the City's Parking Regulations Page 2 of3 1. Lemon Avenue, South Side of Street 2. Braewood Drive 3. Gardi Street, West 4. Fairlee. Avenue 5. Spring Point Drive 6. Oak Shade Road 7. Gardi Street, East 8. Freeborn Street 9. Elda Street During the October meeting, the City Council first discussed parking relations on the above streets. The City Council ultimately directed Staff to mail a letter to solicit feedback from residents on their opinions on regulating overnight parking (Attachment: #2). Overall, the City received 49 responses from the total 115 households, which equates to a 43% response rate. Below is a breakdown by street on those ini favorof overnight parking and those not in favor of overnight parking on their streets: Lemon Avenue In Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: In Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: In Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: In Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: In Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: Ini Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: 7 0 18 7 0 11 8 2 27 2 0 6 3 1 6 2 1 9 Braewood Drive Gardi Street, West Fairlee Avenue Spring Point Drive Oak Shade Road Discussion on Altering the City's Parking Regulations Page 3c of3 Gardi Street, East Ini Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: Ini Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: Ini Favor of Restricting: Not in Favor of Restricting: Total Households Surveyed: 2 3 14 2 5 12 1 3 12 Freeborn Street Elda Street From an overall perspective, there were 34 in favor of restricting overnight parking and 15 who desired to allow it. Lemon, Braewood, Gardi (West), and Fairlee had a significant response to restrict parking. Spring Point and Oak Shade's response was a majority to restrict but still had a response to allow it. Gardi (East), Freeborn, and Elda had more responses to allow the parking, which may be due to the smaller lot sizes and limited parking spacing on the properties. FINANCIAL ANALYSIS This report does not pose a significant financial impact. Should the City Council desire to restrict parking in certain areas, the City may need to purchase and install signage to advise motor vehicle drivers of the overnight parking regulations. STAFF RECOMMENDATION Iti is recommended that the City Council direct Staff on how to proceed. If changes are desired, Staff will return with an ordinance that incorporates any directed changes to the City'sr municipal code. ATTACHMENT #1 ARTCLEVIL-STOPPNG STANDING OR PARKING Sec. 4.01.1000. Stopping, standing or parking on city streets during certain hours. (a) No person shall park any motor vehicle or leave standing any motor vehicle for a period exceeding two hours between the hours of 7:00 a.m. and 6:00 p.m. on any day except Sunday (b) No person shall park any motor vehicle or leave standing any motor vehicle between the hours of 4:00 a.m. and 5:00 a.m. on those certain public streets as set forth below: on Braewood Drive. (1) Mount Olive Drive. (2) Mount Olive Lane. (c) Upon application to the City Manager on a form created for such purpose, any resident or homeowner's association may be granted authority to park on the streets or portions of streets described in subsections (a) or (b) for a limited period oft time as required due to a special event. (Prior Code, S 3202; Ord. No. 338, S 1(3202), 10-21-2014; Ord. No. 354,51,3-20-2018) Sec. 4.01.1005. - Removal of parked vehicles. (a) Itshall be unlawful for any person in charge of any vehicle to stop, park, place or leave standing said vehicle, whether occupied or not, upon any street, vehicle parking lot, alley or public place, for72 or more consecutive hours. Any regularly employed and salaried officer oft the Chief of Police, or any Community Services Officer who is engaged in enforcing provisions of the Bradbury Municipal Code may remove or cause to be removed such vehicle from the place where found to an authorized garage, storage or impounding areaas designated by the Chief of Police, or as otherwise authorized or provided in the Cal. Vehicle (b) Itis unlawful for any person in charge of any vehicle to stop or park or leave standing the vehicle, whether occupied or not, upon any street, vehicle parking lot, alley or other public place when the street, parking lot, alley or other public place or a portion thereof is necessary for the cleaning, repair or construction oft the highway, or for the installation of underground utilities, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by local authorities pursuant to this section. Code. (Ord. No. 360, 51,11-20-2018) Sec. 4.01.1010.- - No parking areas. (a) No person at any time shall park any motor vehicle or stop any motor vehicle except as may be necessary to comply with an order or command of any enforcement officer on any streets or portions of streets hereinafter set forth: (1) Bradbury Hills Lane, both sides, for the entire length thereof. (2) Bradbury Hills Road, both sides, for the entire length thereof. (3) Bradbury Road, east side only, for the entire length thereof. (4) Lemon Avenue, north side only, for the entire length thereof. (5) Mount Olive Drive northerly of Woodlyn Lane to the City limits. (6) Royal Oaks Drive North, both sides, for the entire length thereof. (7) Winston Avenue, both sides, for the entire length thereof. (8) Woodlyn Lane, within gated area, both sides, for the entire length thereof. (9) Woodlyn Lane, outside gated area, both sides, for entire length thereof. (b) Upon application to the City Manager on a form created for such purpose, any resident or homeowner's association may be granted authority to park on the streets or portions of streets described in subsection (a) for a limited period of time as required due to a special event. (Prior Code, S 3204; Ord. No. 338, S 1(3204), 10-21-2014; Ord. No. 354, S2, 3-20-2018) Sec. 4.01.1020. - Moving a vehicle from one place to another on a road. Whenever any Deputy Sheriff finds a vehicle standing upon a road in violation of Section 4.01.1000, such Deputy Sheriff may move such vehicle or require the driver or another person in charge of such vehicle to move the same to the nearest available position off the paved or improved or main traveled portion of such road. (Prior Code, S 3205) Sec. 4.01.1030. - Display of warning device when vehicle disabled. When any vehicle is disabled on the paved or improved portion of any road, a warning signal consisting oft flares, red lanterns, warning lights or reflectors of a type approved by the Department of Motor Vehicles shall be immediately placed at a distance of approximately 100 feet to the rear of such disabled vehicle. Said warning signais shail be displayed continuously during the time from a haif-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person or vehicle on the road at a distance of 500 feet while such vehicle remains disabled upon the paved orimproved portion of a road. (Prior Code, $3206) Sec. 4.01.1040. - The stopping, standing or parking of utility vehicles. The foregoing restrictions in this article prohibiting the stopping, standing or parking of vehicles shall not apply to the driver or owner of any service vehicle owned or operated by or for or operated under contract with a utility or public utility, whether privately, municipally or publicly owned, used in the construction, operation, removal or repair of utility or public utility property or facilities, when such vehicle iss stopped, standing or parked at the site of work involving the construction, operation, removal or repair of such utility or public utility or facilities upon, in, over, under or adjacent to a road, or of a vehicle, whether privately, municipally, or publicly owned, engaged in authorized work on the road; provided that warning devices are displayed as hereinafter specified: (1) During daylight such warning shall consist of: a. Awarning flag or barricade striping on the front and rear of such vehicle; or b. Aw warning flag, sign, or barrier on the roadway not more than 100 feet or less than 50 feet in advance of the vehicle and not more than 100 feet or less than 50 feet to the rear thereof. (2) During the period from al half-hour after sunset to the half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person or vehicle on the road at a distance of 500 feet, such warning devices shall consist of: a. One or more lights or fuses on the vehicle giving warning to approaching traffic b. Aw warning light, flare, fuse or reflector on the roadway not more than 50 feet in advance oft the vehicle and not more than 50 feet to the rear thereof. from each direction; or (Prior Code, $3207) Sec. 4.01.1050. - The parking of oversize vehicles on public streets. (a) Except as provided in Subsections (b) and (c) oft this section, no person shall park or leave standing upon any public street or highway within the City any oversize vehicle at any time. For the purposes oft this section, the term "oversize vehicle" means any vehicle or combination of vehicles which exceeds 20 feet in length, or 80 inches in width, or 82 inches in height, or is in violation of Vehicle Code S 35100 et seq., as may be amended. (b) Notwithstanding the provision of Subsection (a) of this section, this section shall not apply to any person who is actually engaged in the loading or unloading of any noncommercial oversize vehicle or is actually engaged in making emergency repairs thereon. Further, this section shall not apply to any commercial oversize vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on a public street or highway within the City or delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a public street or highway within the City for which a building permit has previously been obtained. (c) Notwithstanding the provisions of Subsection (a) of this section, an oversize vehicle may be parked in a residential zone if at three-day parking pass is issued pursuant to this subsection. The purpose of the oversize vehicle parking pass is to give owners of oversize vehicles an opportunity to park adjacent to their residences for loading and unloading and to allow out- of-town visitors to park in front of the residence which they are visiting for a limited timè period during the hours otherwise prohibited by Subsection (a) of this section. The provisions of this subsection shall not supersede any covenants, conditions and restrictions or other private agreements. The terms of such oversize parking passes shall be as follows: (1) Oversize vehicle parking passes shall be issued by the City Manager or the designee thereof, or the County Sheriff's Department. Any bona fide resident may obtain an oversize vehicle parking pass to park such vehicle ini front of their residence. Any out-of- town visitor of a residence may obtain an oversize vehicle parking pass authoring the visitor to park such vehicle in front of such residence. For purposes of this section, the term out-of-town visitor" means any person who permanently resides in a city other (2) To obtain an oversize vehicle parking pass, each applicant shall furnish their name and address, the license number of the oversize vehicle, the date ofi issuance and the day the parking pass is valid. Such pass shall be placed in the interior of the vehicle in such a (3) The oversize vehicle parking pass shall be issued in card form and shall include the identifying license number of the oversize vehicle and the location at which the (4) The oversize vehicle parking pass shall be valid for a maximum of three days. Upon expiration of an oversize vehicle parking pass issued under this section, the applicant may apply for and be granted a new oversize vehicle parking pass if the applicant still qualifies under the conditions set forth herein. In no event shall more than two oversize vehicle parking passes bei issued to an applicant within a 30-day period. (5) The City Council shall, by resolution, establish a fee fori issuance of an oversize vehicle (d) Violation of this section is hereby deemed to be a misdemeanor and is punishable according to the provisions ofs Section1.03.010. Furthermore, pursuant to Vehicle Code S 22651,a any oversize vehicle parked or left standing on a public street or highway in the City in violation of this section may be removed from the street or highway upon which such vehicle is parked than the City of Bradbury. manner as to be clearly visible to traffic enforcement officers. applicant desires to park the vehicle. parking pass. or left standing. (Prior Code, S 3209) Secs. 401.1060-4.01.1090. -H Reserved. ATTACHMENT#2 CITYof BRADBURY mmponatd)a5261957 November 22, 2019 RE: DISCUSSION ON ALTERING THE CITY'S OVERNIGHT PARKING REGULATIONS ON PUBLIC STREETS Hello, You are receiving this letter because your property is adjoining a public street in which regulations The City of Bradbury currently does not allow overnight parking for the public streets of Mount Olive Drive and Mount Olive Lane. The following is a list ofpublic streets that allow) parking and to the street may be altered. do not have overnight restrictions: 2. Braewood Drive 3. Gardi Street, West 4. Fairlee Avenue 5. Spring Point Drive 6. Oak Shade Road 7. Gardi Street, East 8. Freeborn Street 9. Elda Street 1. Lemon Avenue, South Side of Street The Bradbury City Council is currently having a discussion on altering the City's overnight parking regulations to not allow overnight parking on the above specified streets, and the City Councii is soliciting feedback from the community. Your response to the following question will greatly assist the City Council ini their discussions: (Over) 600 Winston Avenue * Bradbury, California 91008 * (626)358-3218 . (626)303-5154 Fax What are. your views on overnight parking on the public streets listed above? (Please Check One) Iam not in favor ofo overnight parking Iam in favor of overnight parking Name: Address: Additional Comments: After completing the above, it is requested that you mail this paper response back to the City of Bradbury in the accompanying self-addressed envelope. Please ensure responses are received by Tuesday, December 17,2019. Paper responses can also be delivered in person to City Hall. The Bradbury City Council will be discussing the City'sovernight parking regulations and is also soliciting community input at their next regularly scheduled meeting. You are invited to attend at the following date/time: Bradbury City Council Meeting Tuesday, December 17, 2019, 7:00pm Bradbury Civic Center 600 Winston Avenue, Bradbury, CA Your voice matters, and there are multiple ways to express your opinion. Comments can be made during the meeting at the date/time listed above. Additionally, letters will be accepted via mail at the address above, and emails are also accepted at the following email address: emo@ainolhuror Please be aware that comments, letters, and emails received will Ify you have any questions regarding the City Council's process, please feel free to contact me at be aj part of the public record. (626)358-3218. Sincerely, K-K Kevin Kearney City Manager RichardTHale, Jr., Mayor (District. 1) Monte. Lewis, Mayor Po Tem (District 2) RichardBarakat, Council Member (District3) Bruce. Cathrop, Council Member (District 4) Elizabeth Bruny, Councif9Member (Districts) BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Kevin Kearney, City Manager December 17, 2019 Discussion on Regulations for Ground Cover ATTACHMENTS: 1) Draft Ground Cover Regulation Language SUMMARY At the October meeting, the City Council directed Staff to agendize an item for discussion on Citywide regulations for ground cover. Staff has been working in conjunction with Councimember Lathrop to draft initial language (Attachment #1) to assist with the Itisr recommended that the City Council review the drafted language and determine if any alteration is needed. Should the City Council desire to proceed with ground cover regulations, Staffwould return at a subsequent meeting with an Ordinance for review and facilitation of a discussion. approval. DISCUSSION Staff has been working in conjunction with Councimember Lathrop to draft initial language to assist with the facilitation of a discussion on ground cover regulations. This language can be found in Attachment #1. Overall the language outlines where ground covering might be expected and detaiis exclusions. For exampie, the language defines ground covering as "properly maintained vegetative growth, decorative rock, artificial turf, orf fire-resistant bark or wood mulch." Italso provides for exclusions, such as not requiring ground covering in an area that has equestrian training or stabling areas, as these areas Another exclusion is not requiring terrain with hillside slopes in excess of 25%. Typically, typically have dirt. FOR CITY COUNCIL AGENDA 12-17 AGENDA ITEM # 3 Discussion on Regulations for Ground Cover Page 2 of2 turf is not recommended for slopes over 15%-20% due to irrigation runoff and difficulty in owing/maintaining. These proposed guidelines would exclude hillside areas from needing the ground coverfor visual appeal purposes. Typically, however, hillside slopes generally need ground cover planting for erosion control, which serves more as a safety issue. When safety issues arise due to the lack of hillside ground cover, a property owner would be in violation of B.M.C. 9.109.030(2) - Unsafe land - which deals with unsafe land that may cause erosion, subsidence or surface water draining problems that would be Should the City Council decide upon regulations for ground cover, Staff would return at a later meeting with an Ordinance for review and approval. The Ordinance would be drafted so that the regulations are located in the City's property maintenance standards. injurious to the public health, safety and welfare. FINANCIAL ANALYSIS The proposed recommendation would have minimal financial impact. STAFF RECOMMENDATION Itis recommended that the City Council review the drafted language and determine if any alteration is needed. Should the City Council desire to proceed with ground cover regulations, Staff would return ata tasubsequent meeting with an Ordinance for review and approval. ATTACHMENT #1 Draft Groundcover Regulation Language Ground Coverings: (a) Where visible from aj public or private street, all the following ground areas shall be covered with one or more oft the following ground coverings: properly maintained vegetative growth, decorative rock, artificial turf, or fire-resistant bark or wood mulch: a. Any areas within ten feet of al building or residence, b. Any areas larger than fifteen by fifteen feet. (b) The ground covering requirement in subsection (a) does not apply to the following areas: a. Driveways, walkways, ADA access paths oft travel, and architectural accessories, b. Areas shaded by native oak or pine trees or naturally covered by mulch from such Equestrian training and stabling areas regularly used for that purpose. trees. . Orchards. d. Terrain with hillside slopes in excess of25%. (c) The City shall develop and maintain a list of ground coverage suggestions and a collection of model ground coverage plans to assist residents and landowners ini meeting the requirement oft this ordnance. RichardTaé, Jr, Mayor (District1) Monte Lewis, Mayor Po Tem (District 2) Richard Barakat, Council Member (District. 3) Bruce Lathrop, Council Member (District 4) Elzabeth Bruny, Council Member District. 5) BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Cary S. Reisman, City Attorney December 17, 2019 URGENCY ORDINANCE FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS ATTACHMENTS: 1) Emergency Ordinance No. 368 RECOMMENDATION Staff recommends that the City Council adopt Urgency Ordinance No. 368. AGENDA SUMMARY: In 2019 a number of bills were enacted relating to Accessory Dwelling Units and Junior Accessory Dwelling Units. These bills further restrict local control and mandated new requirements. These new laws go into effect on January 1, 2020. Staff is presenting an urgency ordinance that will comply with the new State law. Public hearings on this issue will be held before the Planning Commission and City Council in the early part of 2020. BACKGROUND: During the last legislative session there were a number of bills enacted relating to Accessory Dwelling Units and Junior Accessory Dwelling Units. The Legislature has further restricted local control and mandated new requirements, including the approval of junior accessory dwelling units which is a unit of no more than 500 square feet contained within a single-family dwelling. If a city does not have an accessory dwelling unit ordinance that is compliant with State law, then any applications submitted will be processed under the State law requirements without any local input. As the new law goes into effect on January 1, 2020, it is necessary to adopt these changes through an Urgency Ordinance and then proceed with re-adoption through the regular manner which will FOR CITY COUNCIL AGENDA 12-17 AGENDA ITEM: # Discussion of a Policy Regulating Short-Term Rentals Page 2 of4 include noticed, public hearings before both the Planning Commission and City Council. Iti is noted that the adopted legislation is ambiguous at best with regard to several matters. The ordinance presented by staff reflects our best interpretation, keeping in mind previous directives from the Department of Housing and Community Development ("HCD") and the Legislature's overriding intent this past legislative session to deal with California's housing crisis. ANALYSIS: The two primary bills that impacted accessory dwelling units were AB 68 and AB 881. ASSEMBLY BILLE 68 AB 68 relates to Junior Accessory Dwelling Units (JADUS). A JADU is an accessory dwelling unit that is built within a single-family residential structure and is no more than 500 square feet. It may have its own sanitation facilities, or could share with the primary Prior to this legislative session, a City was not required to have a JADU and Bradbury never enacted provisions allowing such units. That changed this year and JADUS are now required. If a City does not have an Ordinance, they will be approved in accordance with the provisions set forth in State law, although there is very little difference between the The proposed ordinance does not require the front door to be located on a different side of the house from the front door of the primary unit and specifies that application fees In a JADU, the owner must reside in either the accessory or primary dwelling unit. In contrast, in an ADU, the City cannot impose this restriction for the next five years. residence. The JADU must have kitchen facilities. City's proposed ordinance and Government Code section 65852.22. must be paid along with permit and inspection fees. ASSEMBLY BILL 881 AB 881 made a number of changes to the Accessory Dwelling Unit (ADU) provisions. Briefly: ADUS must now be allowed in all residential zones, albeit with some limitations. Additionally, in certain circumstances they are also required to be located in mixed- All ADUS, as well as JADUS, must be approved within 60 days if they meet the ministerial requirements. If the. ADU or JADU is being proposed in conjunction with ar new primary structure, the approval may be delayed until the primary structure use zones. isa approved. Discussion of a Policy Regulating Short-Term Rentals Page 3 of4 The grounds on which ADUS may be denied are now limited to water, sewer, traffic flow and public safety. The proposed ordinance does prohibit ADU's and JADUS int the Hillside Development Overlay Zone in order to protect the public health and The City may no longer have a minimum lot size for lots on which ADUS must be The law has been clarified to provide that ADUS must be allowed within a proposed or existing primary dwelling in addition to being attached or detached. The difference between an interior ADU and a JADU would primarily be the size. Atn most, the City may require a four-foot side and rear yard setback. No setbacks may be required if the ADU is being converted from or constructed in the exact same location as a permitted accessory structure, including a garage. Garage conversion requests must be approved and no replacement parking can be required for a garage that is removed as part of creating an. ADU. Because of this, the Ordinance includes amendments to require all accessory structures to have at least a four-foot setback. This will eliminate zero lot line accessory building Through January 1, 2025, the City can no longer impose an owner-occupancy requirement for ADUS and this requirement may not be imposed on any units With regard to size, the City can continue to require that the maximum size of an ADU be 50% of the size of the primary structure or up to 1,200 square feet, whichever is less. However, we must still allow an ADU that is at least 800 square feet that is up to 16' in height with at least a four-foot setback. Four categories of accessory dwelling units must be approved regardless of any other provisions for an ADU within a residential or mixed-use zone; these are: safety. allowed. conversions in the future. approved during this time, even after January 1, 2025. An ADU within a proposed or existing single-family dwelling when certain Adetached ADU that is no more than 800 square feet, 16 feet high, and no more than four-foot side and rear yard setbacks. When this type of ADU is approved, the owner may also have a JADU within the house. ADUS inside a multi-family dwelling in spaces that are not used as habitable spaces, such as storage rooms, boiler rooms, attics, basements, or garages provided the unit complies with the building code standards for dwellings. conditions are met. Discussion of a Policy Regulating Short-Term Rentals Page 4 of4 The City must allow up to 25% of the number of existing units and a Two detached ADUS on a lot with a multifamily dwelling provided that each ADU is no greater than 16 feet in height and has minimum four-foot side and rear yard setbacks. State law does not impose a minimum size, but staff is recommending that an 800 square foot limit be imposed in this type With regard toi the above four types of units, staff may not require correction minimum of one. of situation. ofnonconforming zoning conditions. OTHER BILLS: SB 13 added section 17980.12 to the Health and Safety Code. Under this new requirement, through January 1, 2030, the City must include a notice to owners of ADUS with building code violations that they can seek to defer the corrections ifiti is not a matter of health and safety. If the City agrees, then enforcement shall be delayed for five years. This only applies to ADUS built before January 1, 2020 or to ADUS built after January 1, 2020 in a city that did not have a compliant ordinance, but does have one at the time the AB 670 added section 4751 to the Civil Code. This section provides that CC&Rs for lots zoned for single-family residential use many not prohibit or unreasonably restrict the request for delay is made. construction or use of an ADU or. JADU. CEQA: This Ordinance is exempt to CEQA pursuant to CEQA Guidelines section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Section 65852.1 and 65852.2 of the Government Code. As the standards of Government Code section 65852.22 relating to junior accessory dwelling units are incorporated into Government Code 65852.2, this exemption covers junior accessory dwelling units as well. Regardless of whether the City adopts this Ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in State Statute. Therefore, this Ordinance is categorically exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where ito can be seen with certainty that the project will not cause any impacts ATTACHMENT #1 URGENCY ORDINANCE NO. 368 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA AMENDING THE ZONING PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW WHEREAS, there is a shortage of affordable housing in California which has led to homelessness and causes people to drive longer distances to work or to double-up on housing space which impacts the quality of life and creates negative environmental impacts; and WHEREAS, the California State legislature adopted more than eighteen housing WHEREAS, one way to combat this problem is through the construction of accessory dwelling units (also known as second units, in-law units, and granny flats); and WHEREAS, in order to encourage the construction of accessory dwelling units and junior dwelling units, the State Legislature has again amended Government Code section bills in 2019 to deal with the housing problem; and 65852.2 and section 65852.22; and WHEREAS, the new State laws relating to accessory dwelling units and junior accessory dwelling units take effect on January 1, 2020 and the City is required to be in compliance with the new provisions by that time; otherwise the State provisions relating to these units will prevail and the City would lose local control; and WHEREAS, if the City fails to amend its accessory dwelling unit ordinance and add provisions for junior accessory dwelling units, the provisions of State law will prevail; and WHEREAS, there are potential issues relating to the permitting of accessory dwelling units and junior accessory dwelling units in areas of the City in very high fire hazard severity zones as shown in the City's General Plan, and those subject to Hillside Development Policies pursuant to Chapter 97 of the Bradbury Municipal Code; and WHEREAS, there are potential concerns regarding both domestic and fire flow water supply capabilities, evacuation concerns, and the capacity of the City's wastewater system in the Hillside Development Overlay zone; and WHEREAS, the City desires to amend its regulations to comply with State law; and WHEREAS, the only way to be in timely compliance with the January 1, 2020 deadline is to adopt an urgency ordinance. 1 Bradbury NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Sections 9.85.010 to 9.85.0150 of the Bradbury Municipal Code are SECTION2. Chapter 85 of Part 5 of Title 9 is hereby added to the Bradbury Municipal CHAPTER 85 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY hereby repealed. Code to read as follows: DWELLING UNITS 9.85.010 Purpose. A. Ine enacting this section, it is the intent of the city to encourage the provision of accessory dwelling units to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the general plan. Accessory dwelling units provide housing for extended family members, students, the elderly in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create accessory dwelling units can benefit from added income, and an increased sense of security. Allowing accessory dwelling units in residential zones provides needed additional rental housing. This section sets forth the requirements for the establishment of accessory dwelling units consistent with Cal. Government Code SS 65852.2 and 65852.22. B. Inc cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this Chapter is in conflict with State law, the mandatory requirement of State law shall control, but only to the extent legally required. 9.85.020 Definitions. For purposes of this Chapter, the following definitions shall apply. Accessory dwelling unit" shall mean a dwelling unit that is attached, detached, or located within an existing or proposed residential dwelling which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking and sanitation facilities on the same parcel of land Junior accessory dwelling unit" shall mean an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence. This does not include an attached garage or other attached accessory structure. as the residential dwelling. 2 Bradbury "Primary unit" shall mean an existing single-famlydweling. or the larger of two proposed units. 9.85.030 Applications. A. Applications for junior and accessory dwelling units shall be ministerially processed within 60 days of receipt of a complete application and approved if they meet the requirements ofi this Chapter. 1. Ift the application is submitted in conjunction with an application fora a new single-family dwelling, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single- family dwelling is approved, but thereafter shall be ministerially approved if it meets all requirements within 60 days. 2. The City shall grant a delay if requested by the applicant. B. All applications for Junior or/Accessory dwelling units shall be C. Junior accessory dwelling units and accessory dwelling units shall be accompanied by an application fee. subject to applicable inspection and permit fees. 9.85.040 Allowed Zones. A. An application for an accessory dwelling unit shall be approved by the City Manager or the City Manager's designee upon the City Manager's or designee's determination that the application meets all the requirements set out in Section Title 9 and specific plan areas as indicated in any specific plan other than those standards that are expressly inapplicable to accessory dwelling units. B. An accessory dwelling unit may only be constructed on a lot which contains an existing or proposed single-family dwelling or an existing multi-family dwelling. C. Based on the need to protect the public safety, no accessory dwelling units are permitted in any land in areas of the City in very high fire hazard severity zones as shown in the City's General Plan, and those subject to Hillside Development Policies pursuant to Chapter 97 of the Bradbury Municipal Code D. Accessory dwelling units shall not count in determining density or lot coverage and are considered a residential use consistent with the existing general plan and zoning designation for the lot. 9.85.050 A. Development Standardsequirements - Accessory Dwelling Units. Location/Number. 3 Bradbury 1. Attached and detached accessory dwelling units shall be required to be located on any lot with an existing or proposed single-family dwelling or an existing multi-family dwelling. 2. Attached and detached accessory dwelling units shall be located behind the front yard setback line of the primary residence in a single-family zone. However, this requirement shall not apply if the accessory dwelling unit is being converted from a legally existing accessory structure, including a garage, or constructed in the exact same location and to the exact same dimensions as a legal, previously existing accessory structure. 3. Only one accessory dwelling unit shall be allowed on a residentially zoned lot, unless otherwise permitted in accordance with Section 9.85.060 below. B. Type of building. An attached or detached accessory dwelling unit shall be a permanent structure on a permanent foundation with permanent provisions for living, sleeping, food preparation, sanitation, and bathing. Amanufactured home as defined in California Health and Safety Code section 18007 shall qualify. C. Height. The height of an attached or detached accessory dwelling unit shall not be any higher than the primary unit and no higher than the height limit of the zoning district or specific plan in which it is located. 1. In no event shall the allowed height be less than 16 feet. 2. The height may exceed the primary unit ifi it is built in an existing D. Number of bedrooms. Both attached and detached accessory dwelling permitted space above a permitted garage units may range in size from studio to 2 bedrooms. E. Size. 1. Attached accessory dwelling unit. a. Maximum size - the square footage of the accessory dwelling unit shall not exceed 50 percent of the existing or proposed family dwelling or 1,200 square feet, whichever is less. Notwithstanding the foregoing, an applicant shall be entitled to build an 800 square foot accessory dwelling unit provided that it is no more than 16 feet in height with at least four-foot side and rear yard setbacks. b. Minimum size = the square footage of the accessory dwelling unit shall not be less than 250 square feet. 2. Detached accessory dwelling. a. Maximum size/lot area less than 10,000 square feet - the square footage of the accessory dwelling unit shall not exceed 50% of the existing or proposed dwelling unit. Notwithstanding the foregoing, an applicant shall be entitled to build an 4 Bradbury 800 square foot accessory dwelling unit provided that it is no more than 16 feet in height with at least four foot side and rear yard setbacks. Notwithstanding the foregoing, an applicant shall be entitled to build an 800 square foot accessory dwelling unit provided that it is no more than 16 feet in height with at least four-foot side and rear yard setbacks. b. Maximum size/lot area greater than 12,000 square feet - the square footage of the accessory dwelling unit shall not exceed 50 percent of the existing or proposed family dwelling or 1,200 square feet, whichever is less. Notwithstanding the foregoing, an applicant shall be able to build an 800 square foot accessory dwelling unit provided that it is no more than 16 feet in height with at least four-foot side and rear yard setbacks. C. - Minimum size - the square footage of the accessory dwelling unit 3. Interior accessory dwelling unit. The floor area of an interior accessory shall not be less than 400 square feet. dwelling unit shall not exceed 50 percent of the primary structure or 800 square feet, whichever is less. F. Setbacks. 1. Attached and detached accessory dwelling units shall be located 2. An accessory dwelling unit, including a unit added above a permitted 3. The setback requirements in subsections F.1 and F.2 above shall not behind the front yard setback line of the primary residence. garage, shall have rear and side yard setbacks of at least four feet. apply if the accessory dwelling unit is being converted from an approved accessory structure, including a garage, or being constructed in the same location and to the same dimensions as an approved existing accessory structure, including a garage. 4. Accessory dwelling units shall be required to comply with the requirements of the California Building Code relating to distance between buildings, as adopted in Title XVII of this Code. G. Lot Coverage. The lot coverage standards of the underlying zoning H. Outdoor Living. For accessory dwelling units in single family zones, there district or specific plan area where the unit is located shall control. must be Outdoor living spaces that meet the following requirements: 1. Each unit shall have a separate usable outdoor living area of 400 2. Outdoor living areas and the immediate surroundings shall be square feet, with 15 feet minimum in any direction. landscaped. 5 Bradbury 3. Outdoor living areas do not include parking areas, driveways, or front and rear yard setback areas. I. Parking. 1. Parking shall be required at the rate of one space for each accessory dwelling unit. No parking spaces shall be required for an accessory dwelling unit created within an existing living space. 2. Parking spaces may be provided through tandem parking on an existing driveway; provided, that such parking does not encroach into the public sidewalk. 3. Parking spaces for accessory dwelling units may be provided in paved portions of setback areas; provided, that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this Title. converted in conjunction with the construction of an accessory dwelling unit, such 4. When a garage, carport, or covered parking structure is demolished or parking spaces need not be replaced. 5. Tandem parking and parking in setback areas shall not be allowed if the City Manager or delegee makes specific findings that such parking is not feasible based upon specific site or regional topographical, or fire and life safety conditions. shall be required for the accessory dwelling unit if any of the following conditions apply: 6. Notwithstanding any other provision of this subsection 1, no parking b. The accessory dwelling unit is part of the existing primary residence C. When on-street parking permits are required, but not offered to the d. When there is a car share vehicle located within one block of the or an existing accessory structure; occupant of the accessory dwelling unit; or accessory dwelling unit. J. Design. 1. The accessory dwelling unit shall be of the same architectural style, 2. Windows, doors, trim, and other architectural embelishments, shall be 3. Window placement shall be sensitive to maintaining privacy between 4. The accessory dwelling unit shall have a separate entrance from the including roof design, and color as the primary unit. ofa a quality that meets or exceeds that of the primary unit. dwelling units and accessory dwelling units. primary dwelling unit. 6 Bradbury 5. The accessory dwelling unit shall not alter the appearance of the K. Fire sprinklers - shall be required in any accessory dwelling unit if they primary single-family dwelling unit. were required in the primary unit. L. Utilities - connections, fees and capacity charges. 1. For an accessory dwelling unit contained within an existing single-family residence, or an existing accessory structure meeting the requirements of section 9.85.160A.1 below, the city shall not require the installation of a new or separate utility connection between the accessory dwelling unit and the utility or impose a connection fee or capacity charge. Suchre requirement and charges may bei imposed when the accessory dwelling unit is being constructed in connection with a proposed single- family residential dwelling. 2. For all other accessory dwelling units other than those described in subsection L.1 above, the city shall require a new or separate utility connection between the accessory dwelling unit and the utility and shall charge a connection fee or capacity charge that is proportionate toi the burden of the proposed accessory dwelling unit based on the size or number of plumbing fixtures. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on the size or number of plumbing fixtures. M. Impact Fees. 750 square feet in size. 1. No impact fee shall be imposed on any accessory dwelling unit less than 2. Notwithstanding: any fee resolution to the contrary, for accessory dwelling units 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling. 3. All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code sections 66000 et seq. and 66012 et seq. 4. For purposes of this section, "impact fee" shall have the same meaning as set forth in Government Code section 65852.2(f). 9.85.060 Mandatory Approvals. 7 Bradbury A. Notwithstanding any other provision of this chapter, the City shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone: 1. Aj junior or accessory dwelling unit within the existing or proposed space of a single-family dwelling or accessory structure subject to the following requirements. a. An expansion of up to 150 square feet shall be allowed in an b. The junior or accessory dwelling unit shall have exterior access C. The side and rear setbacks shall be sufficient for fire and safety. d. Ift the unit is a junior accessory dwelling unit, it shall comply with the 2. One detached accessory dweling unit that does not exceed four foot accessory structure solely for the purposes of accommodating ingress and egress. separate from the existing or proposed single-family dwelling. requirements of Sections 9.85.070 and 9.85.080 below. side and rear yard setbacks on a lot with an existing or proposed single-family dwelling, provided that the unit shall not be more than 800 square feet and shall not exceed 16 feet in height. a. Aj junior accessory dwelling unit may be developed as a detached accessory dwelling unit so long as it complies with all requirements of Sections 9.85.070 and 9.85.080 below. 3. On a lot with a multifamily dwelling structure, up to 25 percent of the total multifamily dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but no limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings. 4. On a lot with a multifamily dwelling structure, up to two detached units, provided that neither unit is greater than 16 feet in height and that both units have at least four-foot side and rear yard setbacks. B. For those accessory dwelling units which require mandatory approval, the City shall not require the correction of legal, nonconforming zoning conditions. 9.85.070 Junior Accessory Dwelling Units. A. One junior accessory dwelling unit shall be allowed in single-family residential zones in conjunction with an existing or proposed single-family dwelling. A junior accessory dwelling unit may be allowed on the same lot as a detached accessory dwelling unit where the detached accessory dwelling unit is no larger than 800 square feet and no taller than 16 feet. 8 Bradbury B. The junior accessory dwelling unit shall be required to contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. C. The junior accessory dwelling unit shall be required to have a separate D. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence from the interior of the junior entrance from the primary residence. accessory dwelling unit. E. No additional parking shall be required for a junior accessory dwelling unit. F. Aj junior accessory dwelling unit shall be required to comply with applicable G. The owner of property on which a junior accessory dwelling unit is constructed shall be required to abide by thet following and record a deed restriction which building standards. shall run with the land and shall provide for the following: from the sale of the single-family residence; enlarged beyond 500 square feet; 1. A prohibition on the sale of the junior accessory dwelling unit separate 2. Aprohibition from enlarging thej junioraccessory dwelling unit from being 3. A prohibition from renting either the primary dwelling unit or the junior 4. Arestriction that the owner resides in either the primary residence or the a. The owner may rent both the primary residence and junior accessory accessory dwelling unit for less than 30 consecutive, calendar days; junior accessory dwelling unit. Notwithstanding the foregoing: dwelling unit to one party with a restriction in the lease that that such party may noti further sublease any unit or portion thereof; and b. This restriction shall not apply if the owner of the single-family 5. A statement that the deed restrictions may be enforced against future residence is a governmental agency, land trust, or housing organization; and purchasers. after recordation. A copy of the deed restriction shall be filed with the Community Development Department 9 Bradbury H. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit. I. The City shall not require the correction of legal, noncontorming zoning conditions for approval of a junior accessory dwelling unit. 9.85.080 A. the primary unit. B. Regulations. Sales. Junior and accessory dwelling units cannot be sold separately from Rental. 1. Neither the Junior or accessory dwelling unit, nor the primary 2. The junior or accessory dwelling unit may be rented separate from residential dwelling unit, shall be rented for a period of less than 30 days. the primary residence. C. Owner/Occupancy. requirement until January 1, 2025. 1. No new accessory dwelling unit shall have an owner/occupancy 2. All junior accessory dwelling units shall have an owner/occupancy D. This Chapter shall in no way validate any existing illegal accessory dwelling E. An application for an accessory dwelling unit to convert an illegal and/or nonconforming accessory dwelling unit to a legal conforming accessory dwelling unit shall be subject to the same standards and requirements as for a newly proposed unit. permit on file shall not be affected by this Chapter. However, an application to convert a guesthouse to an accessory dwelling unit shall be subject to this Chapter. requirement. unit nor shall it change a legal nonconforming unit to a conforming unit. F. Guesthouses that were previously approved and which have a valid building G. Revocation. The community development director shall have the authority tor revoke an accessory dwelling unit permit if one or more of the requirements of this chapter are no longer met. H. Enforcement. Until January 1, 2030, the City shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows: 10 Bradbury You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. Ifyou believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the City Manager. Ifthe City determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice. This provision shall only apply to units built before January 1, 2020. SECTION2. CEQA. This Ordinance is exempt to CEQA pursuant to CEQA Guidelines section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Section 65852.1 and 65852.2 of the Government Code. As the standards of Government Code section 65852.22 relating to junior accessory dwelling units are incorporated into Government Code 65852.2, this exemption covers junior accessory dwelling units as well. Regardless of whether the City adopts this Ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in State Statute. Therefore, this Ordinance is categorically exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that SECTION 3. Effective Date. This Ordinance shall take effect immediately pursuant to Government Code section 36937. The grounds constituting the urgency are set forth in the SECTION4. Severability. Ifany section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity oft the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared SECTION5. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records oft the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation. the project will not cause any impacts. Whereas clauses of this Ordinance. unconstitutional. 11 Bradbury SECTION 6. Transmission to HCD. The City Clerk shall send a copy of this Ordinance to the Department of Housing and Community Development as required by State law. PASSED, APPROVED AND ADOPTED this 17th day of December, 2019. Mayor ATTEST: City Clerk 1, Claudia Saldana, City Clerk of the City of Bradbury, do hereby certify that the foregoing ordinance, being Urgency Ordinance No. 368, was introduced at a regular meeting held on the 17th day of December, 2019 and duly passed, approved and adopted by the City Council of the City of Bradbury by the following vote: AYES: NOES: ABSENT: City Clerk 12 Bradbury