BRADBURY AGENDA Regular Meeting of the Bradbury City Council To be held on Tuesday, March 16, 2021 Closed Session Immediately Following at the Bradbury Civic Center 600 Winston Avenue, Bradbury, CA 91008 Pursuant to Governor Newsom's Executive Order N-25-20, the City is allowing Council Members, Staff and the public to participate in this City Council meeting by means of a Zoom video or telephone call. You will be able to hear the entire proceedings (other than the Closed Session) and to speak during Public Comment, Public Hearing, and other authorized times. Members of the public must maintain silence and mute. their micropnones and telephones except during those times. The. Zoom information is: ntps/S02webzcomus/83704632201, One tap mobile +16699009128,83104632201H: or dial (669) 900-9128 and enter code 831 04632201#. OPEN SESSION 7:00 PM Each item on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as "For Information" or' "For Discussion" may also be subject of an "action" taken by the Board or a Committee att the same meeting. CALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale APPROVAL OF THE AGENDA: Majority vote of City Council to proceed with City Business DISCLOSURE OF ITEMS REQUIRED BY GOVERNMENT CODE SECTION 1090 & 81000 ET. SEQ. PUBLIC COMMENT minutes. Anyone wishing to address the City Council on any matter thati is not on the agenda fora a public hearing may do. sO at this time. Please state your name and address clearly for the record and limit your remarks to five Please note thaty while the City Council values your comments, the City Council cannot respond nort take action Routine requests for action should be referred to City staff during normal business hours, 8:30 am - 5:00 pm, The City of Bradbury will gladly accommodate disabled persons wishing to communicate at a City public meeting. Ify your require special assistance to participate in this meeting, please call the City Manager's Office at (626) 358- until such time as the matter may appear on at forthcoming agenda. Monday through. Friday, at (626) 358-3218. 3218 at least 48 hours prior to the scheduled meeting. ACTIONITEMS 1. CONSENT CALENDAR All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless a Council Member request otherwise, in which case the item will Page 1of3 CC Agenda031621 be removed and considered by separate action. All Resolutions and Ordinances for Second Reading on the Consent Calendar, the motion will be deemed to be "to waive the reading and adopt." A. Minutes: Regular Meeting of February 16, 2021 B. Minutes: Adjourned Meeting of March 1, 2021 V. Resolution No. 21-05: Demands and Warrants for March 2021 D. Monthly Investment Report for the month of February 2021 E. Adoption of Ordinance No. 373: An Ordinance oft the City Council of the City of Bradbury, California, Amending the Zoning Provisions of the Bradbury Municipal Code Relating to Accessory Dwelling Units (ADUS) and Junior Accessory Dwelling Units (JADUS) in Accordance with State Introduction of Ordinance No. 374: An Ordinance of the City Council of the City of Bradbury, California, Amending the Bradbury Municipal Code to Add Development Standards for Yard Areas Adjacent to Streets and for Parkway The Planning Commission at its January 27, 2021 meeting adopted Resolution No. PC21- 295 to recommend that the City Council adopt an ordinance to address the improvements of yard areas adjacent to streets. The City Council reviewed the draft regulations at its February 16, 2021 meeting and found the proposed regulations acceptable. Staff drafted Ordinance Law and Provisions Related to Accessory Living Quarters (ALQs). 2. Areas No. 374 for the City Council's consideration and introduction. Presentation by Burrtec on SB 1383: Organic Waste Recycling 3. SB 1383 establishes targets to achieve a 50% reduction in the level of statewide disposal of organic waste by 2021, and a 75% reduction by 2025. The law provides CalRecycle the regulatory powers to achieve the organic waste disposal. Such changes will affect all cities in the State - including Bradbury. Burrtec will be presenting on some of the changes imposed by SB 1383 and the expected implementation of the City's organic waste recycling program. Administrative Policy No. 21-01: Discussion on a Proposed Nepotism Policy Administrative Policy No. 21-01 establishes guidelines concerning the employment of relatives in the workplace and to specify and define terms for uniform use and interpretation. Itis recommended that the City Council adopt Administrative Policy No. 21-01 which Appointment of Applicants to the Public Safety Committee for Districts 3&4 Ms. Stella Tsai and Ms. Natalie Gilmore have recently expressed interest inj joining the Public Safety Committee. Currently, there are no members from District 4 and the Alternate seat for District 3 is open. The recommendation is to appoint Ms. Tsai to fill the Alternate member seat for District 3 and Ms. Gilmore to fill the Primary member seat for District 4. 4. establishes a policy and procedure dealing with employment of relatives. 5. 6. Discussion on Community Support Funds The City Council budgeted $4,000 this fiscal year to donate to support community homelessness. It is recommended that the City Council direct Staff on how to expend the budged amount, which has been set aside for a charitable donation. 7. Matters from the City Manager Matters from the City Attorney 8. Page 2of3 CC Agenda031621 9. Matters from the City Council Brief reports of individual Councilmembers activities relating to City business occurring since the last meeting. Mayor Lewis California JPIA Director of Bradbury Disaster Committee Area "D" Office of Disaster Management Mayor Pro-Tem Bruny Duarte Community Education Council (CEC) Councilmember Lathrop League of California Cities Duarte Education Foundation Councilmember Barakat LA County Sanitation Districts Foothill Transit Councilmember Hale 10. Items for Future. Agendas San Gabriel Valley Council of Governments (SGVCOG) San Gabriel Valley Mosquito & Vector Control District CLOSED SESSION CALLTOORDERROLL CALL PUBLIC COMMENT - REGARDING CLOSED SESSIONS ONLY RECESS TO CLOSED SESSIONS REGARDING: A. Pending Litigation Pending Litigation pursuant to Government Code Section 54956.9 (d)(4) (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or Pending Litigation Pending Litigation pursuant to Government Code Section 54956.9 (d) (1): City of Bradbury V. Zhongying USA Capitals Inc., Los Angeles Superior Court Case No. 19GDCP00356. is deciding whether to initiate litigation. (2 potential cases). B. 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/caused this agenda to be posted at the Bradbury City Hall CA91008 on Tuesday, April 20, 2021 at 7:00 p.m. information on each item may be procured from City Hall. entrance gate on Friday, March 12, 2021at5.00p.m." Clawds Baldona CITY CLERK CITY OF BRADBURY Page 3of3 CC Agenda031621 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, FEBRUARY 16, 2021 DRAFT EXECUTIVE ORDER NO. 25-20: Pursuant to Governor Newsom's Executive Order N-25-20, the City is allowing Council Members, Staff and the public to participate in this City Council meeting by means of a Zoom video or telephone call. Participants will be. able to hear the entire proceedings (other than the Closed Session) and be able tos speak during Public Comment, Public Hearing, and other authorized times. Members of the public must maintain silence and mute their microphones and telephones except during The Regular Meeting of the City Council oft the City of Bradbury was called to order by Mayor Lewis at 7:00 p.m. followed by the PRESENT: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale those times. MEETING CALLED TO ORDER: Pledge of Allegiance. ROLL CALL: ABSENT: None STAFF: City Manager Kearney, City Attorney Reisman, City Engineer Gilbertson (RKA), City Planner Kasama, City Clerk Councilmember Barakat made a motion to approve the agenda to proceed with City business. Mayor Pro-Tem Bruny seconded Inc compliance with the California Political Reform. Act, each City Councilmember has the responsibility to disclose direct or indirect potential for a personal financial impact as a result of participation in the decision-making process concerning City Attorney Reisman stated he was aware of none. Saldana and Management Analyst Musa the motion which carried unanimously. APPROVAL OF AGENDA: DISCLOSURE OF ITEMS REQUIRED BY GOV. CODE SECTION 1090 & 81000 ET SEQ,: agenda items. None PUBLIC COMMENT: CONSENT CALENDAR: All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless ac Councimember requests otherwise, in which case the item will be removed and considered by separate action. All Resolutions and Ordinances for Second Reading on the Consent Calendar are deemed to "waive further reading and adopt." A. Minutes: Regular Meeting of. January 19, 2021 B. Minutes: Adjourned Meeting of February 1,2 2021 C. Resolution No. 21-04: Demands & Warrants for February 2021 D. Monthly Investment Reportf for the month of. January 2021 Minutes CC Meeting February 16, 2021 Page 1of8 CORRECTIONS TO JANUARY 19, 2021 Councilmember Lathrop stated that on page 4 of the minutes the motion to approve the appeal for 734 Braewood Drive needs to state that no additional landscaping is required. City Manager Kearney added that on page 6 of the minutes the motion to approve the MOA needs to be corrected to state that Councilmember Hale made a motion to approve the Consent Calendar with the minutes as amended. Mayor Pro-Tem Bruny seconded the motion, which was carried by the following roll MINUTES: itp passed by a 4:1 vote (not 4:0). MOTION TO APPROVE CONSENT CALENDAR: APPROVED: call vote: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale NOES: None ABSENT: None Motion passed 5:0 WINSTONILEMON TRAIL: CITY ENGINEER'S ANALYSIS: OPTION 1: (west side improvements) At its November 17, 2020 meeting, the City Council directed the City Engineer to analyze Winston Avenue and Lemon Avenue for the installation of a walking trail. City Engineer Gilbertson stated that staff has developed five (5) options for the Winston Avenue walking trail. The limits of the Option 1 walking trail are from the northerly terminus of Tentative Parcel Map No 73673 (expired) to Lemon Avenue. Option 1 is proposed. to be a 6' wide decomposed granite (DG) trail on the west side oft the street with trail fencing on the street side oft the trail. There is insufficient parkway width available in order to construct the walking trail, therefore, a 3' street dedication is required. This option would also require the removal and reconstruction of the existing private decorative front yard walls and mailboxes on the west side of Winston Avenue. The existing private driveways would also require reconstruction in order to provide an ADA compliant path of The estimate cost for the Option 1 walking trail is $375,000 ($166,000 for construction and $207,950 for right-of-way The limits of the Option 2 walking trail are from the northerly terminus of Tentative Parcel Map No 73673 to Lemon Avenue. Option 2 is proposed to be a 4' wide DG trail on the west side of the street without trail fencing. The walking trail for this option would not be ADA compliant due to insufficient width, existing driveways, and the restrictions at the existing power poles. This option would also require the removal and reconstruction of the existing private mailboxes but the existing front yard walls and driveways would remain. The estimated cost fort the Option 2 walking trail is $65,000. travel. acquisition). OPTION 2: (west side improvements) Minutes CC Meeting February 16, 2021 Page2of8 OPTION 3: (west side improvements) The limits of the Option 3 walking trail are from the northerly terminus of Tentative Parcel Map No. 73673 to Lemon Avenue. Option 3 is proposed to be a 6' wide DG trail on the west side of the street with trail fencing. This option would shift the existing westerly curb 2.5 feet closer to the street centerline in order to avoid the costly right-of-way acquisition. In addition, the existing easterly curb north of City Hall would also shift2.5 feet away from the street centerline in order to maintain sufficient lane widths. This option would require the removal and reconstruction of the existing private mailboxes on the west side of the street but the existing front yard walls would remain. The existing private driveways would also require reconstruction in order to provide an ADA compliant path of travel. This option also requires the removal of seven (7) significant oak trees on the east side of Winston Avenue due to The estimated cost of the Option 3 walking trail is $250,000. The limits of the Option 4 walking trail are from Royal Oaks Drive North to Lemon Avenue. Option 4 is proposed to be a 6' wide DG trail on the east side of the street with trail fencing. This option would require the relocation of two (2) existing fire hydrants and the City's monument sign. The existing private driveways would also require reconstruction in order to provide an ADA compliant path of travel. This option also requires the removal seven (7) oak trees on the east side of Winston Avenue in order to construct the walking trail within the existing The estimated cost of the Option 4 walking trail is $220,000. The limits of the Option 5 walking trail are from Royal Oaks Drive North to Lemon Avenue. Option 5 is proposed to be a 6' wide DG trail on the east side of the street with trail fencing. South of City Hall, the walking trail would be adjacent to the existing curb. North of City Hall, the walking trail would meander in order to avoid the existing oak trees. This option would require the relocation of two (2) existing fire hydrants and the City's monument sign. The existing private driveways would also require reconstruction in order to provide an ADA compliant path of travel. This option would require the acquisition of a pedestrian easement for the meandering portion of the walking trail north of City Hall. The estimated cost for the Option 4 walking trail is $250,000 ($202,500 for construction and $47,500 for right-of-way City Engineer Gilbertson stated that staff has developed one option for the Lemon Avenue walking trail. The limits of the Lemon Avenue walking trail are from the westerly city limits to Winston Avenue. The walking trail is proposed to be a 6' wide DG trail on the south side of the street with trail fencing on the street side of the trail. There is sufficient parkway width available in order to construct the walking trail. the shifting oft the easterly curb. OPTION 4: (east side improvements) right-of-way. OPTION 5: (east side improvements) acquisition). LEMON AVENUE WALKING TRAIL: Minutes CC Meeting February 16, 2021 Page 3of8 The existing private driveways would require reconstruction in order to provide an ADA compliant path of travel. The estimated cost for the Lemon Avenue walking trail is Itis recommended that the City Council provide direction to Mayor Lewis opened the discussion for public comment. There being no public comment, Mayor Lewis closed the discussion City Engineer Gilbertson stated that of the five Options for Winston Avenue, none of them are easy. It's a complicated Councilmember Barakat asked if we could just level part of the west side with DG and not make it an official trail. City Engineer Gilbertson replied that it would not be ADA compliant and the Mayor Lewis stated that residents are not going to be happy to give up 6 feet of their property. It's too much money and everybody is going to be unhappy. Councilmember Barakat Councimember Barakat suggested to start on the corner of Winston and Royal Oaks Drive North and work your way up as properties will sell and/or getting developed. Councimember Hale stated that we need to recognize the danger of people walking on Winston Avenue. Councimember Barakat stated that this project is in his district. The City is not going forward with any of the options discussed. City Planner Kasama stated that the Planning Commission had been referred to the Planning Commission for guidance due to the lack or regulations for driveways, circular driveways, the maximum amount of hardscape or impervious surfaces, and the types of materials to be allowed (artificial turf, gravel, and other decorative materials). The Commission directed staff to check the regulations of 12 cities: Arcadia, Azusa, Duarte, Glendora, Hidden Hills, La Verne, Malibu, Monrovia, Rolling Hills Estates, San Dimas, San Marino and Sierra Madre. The applicable regulations were discussed at the December 2, 2020 meeting along with draft regulations for the City of Bradbury. The Commission held a public hearing and determined that the proposed regulations are acceptable and adopted Resolution No. PC 21-295 to recommend to the City Council the preparation and approval of an Ordinance to amend the Development Code to add the proposed regulations. $145,000. staff. RECOMMENDATION: PUBLIC COMMENT: DISCUSSION: for public comment. issue. City would not be able to get any funding. agreed. DIRECTION TO STAFF: DISCUSSION OF DEVELOPMENT Not further direction to staff was needed. STANDARDS AND DESIGN GUIDELINES started a discussion at the October 28, 2020 meeting on issues FOR FRONT AND STREET SIDE YARDS: related to front yards. This was in response to a project that Minutes CC Meeting February 16, 2021 Page 4 of8 CITY COUNCIL ACTION: The discussion is not expected to be concluded at this meeting and should be continued with direction to staff to provide additional material, such as diagrams, plot plans, and qualitative standards we well as how the proposed regulations could be refined for further consideration by the City Council. When the Council determines the proposed regulations are acceptable, an ordinance will be drafted for the Council's Councilmember Lathrop stated that we have to be careful that the regulations won't be in conflict with Ordinance No. 369 which amended the BMC adding ground covering requirements consideration at a public hearing. DISCUSSION: toF Property Maintenance Standards. There was no further discussion. INTRODUCTION OF ORDINANCE NO.: 373: AN 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 (ADUS) AND JUNIOR. ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO City Planner Kasama stated that during 2019, the State adopted legislation mandating that cities allow Accessory Dwelling Units (ADUS) and Junior Accessory Dwelling Units (JADUS) with minimized setbacks and significant cost-saving provisions, such as not being required to be equipped with fire sprinklers. The State-mandated provisions were to take effect January 1, 2020; however, the City Council adopted Urgency Ordinance No. 368U on December 17, 2019 putting local regulations in place. A draft replacement ordinance was considered by the City Council on June 16, 2020. However, the City Council scheduled a study session to discuss safety concerns, and the draft replacement ordinance has been significantly revised. The revised draft replacement ordinance was re-evaluated by the Planning Commission on January 27, 2021 and the Planning Commission adopted Resolution No. PC 21-294 to recommend approval of the revised draft replacement ordinance - Ordinance No. 373. The City contracted with Dudek consulting firm to address the City Council concerns. Two issues that were raised were how minimal setbacks (four-foot side and rear yards) for ADUS could facilitate the spreading of wildfire and how very narrow streets (less than 20 feet of roadway) in certain areas of the City would impinge on evacuations and access by the Fire Department, Dudek's report was presented to the City Council on December 9, 2020 along with the draft revised replacement Itis recommended that the City Council conduct a public hearing for Ordinance No 373, introduce the ordinance, and schedule the second hearing and adoption for the next regular ACCESSORYLIVNG QUARTERS (ALQs) SUMMARY: DUDEK: ordinance. RECOMMENDATION: meeting on March 16, 2021. Minutes CC Meeting February 16, 2021 Page 5of8 PUBLIC HEARING OPENED: PUBLIC HEARING CLOSED: DISCUSSION: Mayor Lewis opened the public hearing and ask those wishing tos speak in favor or opposition to come forward and be heard. There being no pubic testimony, Mayor Lewis declared the Councilmember Lathrop asked if Neighborhood Compatibility Review for Accessory Living Quarters (on page 17) is new. Councilmember Barakat made a motion to introduce and read, by Title only, Ordinance No. 373 and schedule the second hearing and adoption for the next regular meeting on March 16, 2021. Councilmember Lathrop seconded the motion, which public hearing closed. City Planner Kasama replied no. MOTION TO INTRODUCE ORDINANCE NO. 373: was carried by the following roll call vote: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale APPROVED: NOES: None ABSENT: None Motion passed 5:0 AGREEMENT FOR CONTINUED GOVERNMENT RELATIONS ADVOCACY SERVICES WITH BEST BEST & KRIEGER: City Manager Kearney stated that during the December 2019 meeting, the City Council approved an agreement with Best Best & Krieger, LLP (BB&K) for Professional Lobbying and Consulting Services for water and stormwater related projects for the year 2020. This was done in conjunction with the other member agencies of the Rio Hondo/San Gabriel River Water Quality Group. Bradbury's share of the yearly amount approved Given the recent success by BB&K, iti is recommended that the City Council authorize the City Manager to enter into an Agreement with Best Best & Krieger for lobbying services for the 2021 calendar year and appropriate $11,323.08 to account Councimember Barakat inquired about how this agreement with BB&K benefits the City. City Manager Kearney replied that itsavest the City hundreds oft thousands of dollars. Councilmember Barakat made a motion to authorize the City Manager to enter into an Agreement with Best Best & Krieger for lobbying services for the 2021 calendar year and appropriate $11,323.08 to account number 102-42-7630. Councimember Hale seconded the motion, which was carried was $11,323.08. RECOMMENDATION: number 102-42-7630 to cover such costs. DISCUSSION: MOTION: by thet following roll vote: NOES: None ABSENT: None Motion passed 5:0 APPROVED: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councimembers Lathrop, Barakat and Hale Minutes CC Meeting February 16, 2021 Page 6of8 APPOINTMENT OF APPLICANTTO PUBLIC SAFETY COMMITTEE PRIMARY SEAT FORI DISTRICT3 AND REMOVAL OF INACTIVE PUBLIC SAFETY COMMITTEE MEMBERS: Management Analyst Musa stated that the purpose of this item istor review current Public Safety Committee membership and tor remove inactive members. Mrs. Janet Barakat (District 3) expressed interest in joining the Public Safety Committee. Currently, the primary seat for District 3 is vacant. Additionally, Public Safety Committee members Priscilla Hervey (District 2), Karen Flaherty (District 4) and Aaron Dunst (District 5) have been absent from committee meetings for more than six (6) It_is recommended that the City Council confirm the appointment of Janet Barakat as the primary member for District 3 for the term ending in June 2023. The District 3 Councilmember has approved the appointment of the applicant. Itis also recommended that the City Council approve the removal of the following inactive Public Safety Committee members: Priscilla Hervey, Karen Flaherty and Aaron Dunst. Councilmember Bruce Lathrop stated that he would like to add Natalie Gilmore (District 4) to be appointed to the PSC tonight. City Attorney Reisman stated that this appointment has to wait until the March meeting because there is no mention of Ms. Gilmore in the Agenda Memo. Councilmember Lathrop agreed Mayor Pro-Tem Bruny made a motion to confirm the appointment of Janet Barakat as the primary Public Safety Committee member for District Three and to approve the removal of the inactive Public Safety Committee members Priscilla Hervey, Karen Flaherty and Aaron Dunst. Councimember Hale seconded the motion, which was carried months. RECOMMENDATION: DISCUSSION: that it can wait until next month. MOTION: by the following roll call vote: APPROVED: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat, and Hale NOES: None ABSENT: None Motion passed 5:0 MATTERS FROM THE CITY MANAGER: City Manager Kearney stated that the saga for the completion of the City's Housing Element Update continues. The City Council held a Special Meeting on February 1st to approve the proposal from JHD Planning, LLC in the amount of $63,000. The consultant recently informed staff that he no longer wishes to work with the City of Bradbury. City Manager Kearney stated that he secured another proposal and that the Council needs to pick a date for a Special Meeting during the first week of March toa approve the contract with a consultant for the City's Housing Element Update. The Special Meeting was scheduled for Monday, March 1, 2021 at 6:00 p.m. Nothing to report until the Closed Session MATTERS FROM THE CITY ATTORNEY: Minutes CC Meeting February 16,2021 Page7of8 MATTERS FROM THE CITY COUNCIL: MAYORI LEWIS: MAYOR PRO-TEM BRUNY: COUNCILMEMBER LATHROP: COUNCILMEMBER BARAKAT: Nothing to report Nothing to report Nothing to report Councilmember Barakat stated that the LA County Sanitation Districts are trying to reverse a 2 % billion unfunded liability for retirement. It would take 400 million to pay it down. Currently the interest is $50,000 per day. Three members oft the Board of Supervisors are against paying down the unfunded liability. COUNCILMEMBER HALE: ITEMS FOR FUTURE AGENDAS: PUBLIC COMMENT REGARDING CLOSED SESSION ONLY: RECESS TO CLOSED SESSION AT7:54 PM: Nothing to report None CLOSED SESSION None A. Pending Litigation Pending Litigation pursuant to Government Code Section 45956.9(d)(4) (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate The City Council instructed the City Attorney and City Manager as to how to proceed. No formal votes were requested or Mayor Lewis adjourned the meeting to an Adjourned Meeting litigation. Three (3) potential cases). REPORT FROM CLOSED SESSION: taken. ADJOURNMENT: on Monday, March 1,2021 at 6:00 p.m. MAYOR- CITY OF BRADBURY ATTEST: CITY CLERK. - CITY OF BRADBURY Minutes CC Meeting February 16, 2021 Page 8of8 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON MONDAY, MARCH 1, 2021 DBAFT EXECUTIVE ORDER NO. 25-20: Pursuant to Governor Newsom's Executive Order N-25-20, the City is allowing Council Members, Staff and the public to participate in this City Council meeting by means of a Zoom video or telephone call. Participants will be able to hear the entire proceedings (other than the Closed Session) and be able to speak during Public Comment, Public Hearing, and other authorized times. Members of the public must maintain silence and mute their microphones and telephones except during The Adjourned Meeting of the City Council of the City of Bradbury was called to order by Mayor Lewis at 6:00 p.m. PRESENT: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale those times. MEETING CALLED TO ORDER: ROLL CALL: ABSENT: None None STAFF: City Manager Kearney and City Attorney Reisman City Manager Kearney stated the City underwent two (2) Requests for Proposal (RFP) in 2020 for the City's Housing Element Update. The first RFP resulted in zero bids. Staff released a second RFP that resulted in al bid from Kimley-Horn in the amount of $194,150. At the December meeting, the City Council deemed Kimley-Horn's bid too high for the scope of work and rejected the bid. The City Council then directed staff tos seek any competent professional to perform the necessary services to timely adopt the Housing Element Update. Staff secured a bid from JHD Planning, LLC, but the consultant decided after the meeting not to pursue work with the City due tod disagreements about the City's contract. Staff has secured an additional bid from Veronica Tam and Associates, Inc. in the Staff feels that Veronica Tam and Associates, Inc. is qualified to perform such services, as they prepared 60 Housing Element updates during the 5th cycle forj jurisdictions throughout Itis recommended that the City Council approve the proposal from Veronica Tam and Associates, Inc. in the amount of $71,460 and approve the Professional Services Agreement between the City of Bradbury and Veronica Tam and Associates, Inc. for the City's 6th Cycle Housing Element Update. It is also recommended that the City Council amend the FY2020-2021 budget to include an additional appropriation PUBLIC COMMENT: APPROVAL OF SERVICES WITH VERONICA TAM AND ASSOCIATES FOR COMPLETION OF BRADBURY'S 6TH CYCLE HOUSING ELEMENT: amount of $71,460. the State of California. RECOMMENDATION: of $71,460 to account 101-20-7245. Minutes CC Meeting March 1, 2021 Page 1of2 MOTION: Councilmember Barakat made a motion to approve the proposal from Veronica Tam and Associates Inc. in the amount of $71,460, approve the Professional Services Agreement with Veronica Tam and Associates Inc. to update the City's 6th Cycle Housing Element, and an amendment to the FY 2020-2021 budget to include an additional appropriation of $71,460 to account 101-20-7245. Mayor Pro-Tem Bruny seconded the motion, which was carried by the following roll vote: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale APPROVED: NOES: None ABSENT: None Motion passed 5:0 CLOSED SESSION None PUBLIC COMMENT REGARDING CLOSED SESSION ONLY: RECESS TO CLOSED SESSION AT7:54 PM: A. Pending Litigation litigation. Two (2) potential cases). Pending Litigation pursuant to Government Code Section 45956.9(d)(4) (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate City Attorney Reisman stated that the closed session discussion was informative. No formal vote was taken with respect to one potential matter. The City Council voted unanimously to authorize initiation of litigation with regard to the other. The details of the authorized litigation must remain confidential for the time being in order to notj jeopardize service Motion by Councilmember Barakat to authorize the initiation of litigation regarding the second matter. The motion was REPORT FROM CLOSED SESSION: of process. seconded by Mayor Pro-Tem Bruny. AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale NOES: None ABSENT: None Motion passed 5:0 ADJOURNMENT: At 6:20 pm Mayor Lewis adjourned the meeting to a Regular Meeting on Tuesday, March 16, 2021 at 7:00 p.m. MAYOR- - CITY OF BRADBURY ATTEST: CITY CLERK = CITY OF BRADBURY Minutes CC Meeting March 1, 2021 Page 20 of2 RESOLUTION NO.21-05 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, APPROVING DEMANDS AND' WARRANTS NO. 16341 THROUGH NO.1 16353 AND DEMANDS AND WARRANTS NO. 16354 THROUGH NO. 16376 (PRE-RELEASED CHECKS) (REGULAR CHECKS) The City Council of the City of Bradbury does hereby resolve as follows: Section 1. That the demands as set forth hereinafter are approved and warrants authorized to be drawn for payment from said demands int the amount of $3,435.21 (pre-released Checks) and $118,579.86 at March 16, 2021 from the General Checking Account. PRE-RELEASED CHECKS (due before City Council Meeting): Check Name and 16341 Spectrum 16342 Molly Maid Description Business Internet Acct. 101-16-6230 03-Feb-2021 Cleaning 10-Feb-2021 Cleaning 17-Feb-2021 Cleaning Acct. 101-16-6460 Service Address: 1775 Woodlyn Ln (RO Trail) 301 Mt Olive Drive Irrigation 2410 Mt Olive Lane Irrigation 2256 Gardi Street Acct. 200-48-6400 24-Feb-2021 Cleaning 03-Mar-2021 Cleaning 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 MA Retroactive (Jan & Feb) Acct. 101-16-5100 Amount $149.98 (Due Date) (2/9/21) (2/17/21) $105.00 $105.00 $105.00 $275.92 $75.93 $24.99 $16.29 $105.00 $105.00 $131.43 $42.88 $42.88 $85.76 $315.00 16343 California American Water (3/4/21) $393.13 $210.00 16344 Molly Maid (3/3/21) 16345 Delta Dental (3/1/21) $302.95 Reso. No. 21-05 Page 1of7 March 16, 2021 Check Namea and 16346 Vision Service Plan Description Vision Insurance: City Manager (family) Acct. 101-12-5100 City Clerk Acct. 101-13-5100 Management Analyst Acct. 101-13-5100 Basic Life and AD&D: City Manager Acct. 101-12-5100 City Clerk ACCL.#101-13-5100 Management Analyst Acct. 101-13-5100 Business Internet Acct. 101-16-6230 Service Call (2/16) toi install Copier Transfer Kit Acct. 113-20-8120 Office Supplies Acct. 101-16-6200 Toner Cartridges for Copier Acct. 113-20-8120 Street Lights for Mt. Olive/Gardi Acct. 200-48-6400 City Hall Utilities Acct.. 101-16-6400 City Hall Utilities Acct.. 101-16-6400 Amount (Due Date) (3/1/21) $61.07 $23.66 $23.66 $9.25 $9.25 $9.25 $108.39 16347 The Standard (3/1/21) $27.75 $149.98 $125.00 16348 Spectrum (3/12/21) 16349 HPCComputers USAI INC (2/16/21) 16350 Staples Credit Plan (3/15/21) $130.94 $1,254.61 $1,385.55 $34.70 $178.46 $54.32 $3,435.21 16351 Southern California Edison (3/16/21) 16352 Southern California Edison (3/16/21) 16353 The Gas Company (3/17/21) Total Pre-Released Checks REGULAR CHECKS: 16354 City of Arcadia (2/28/20) Riol Hondo/San Gabriel River Water Quality Group Implementation. and Administration of Watershed Management Program Acct.. 102-42-7630 (UUT) $42,229.70 Reso. No. 21-05 Page 2of7 March 16, 2021 Check 16355 Name and (Due Date) Best Best &Krieger (2/22/21) DUDEK (2/10/21) DUDEK (2/10/21) Jones & Mayer (2/28/21) Description Amount $943.59 Riol Hondo-San Gabriel Watershed Advocacy January 2021 Professional Services Acct. 102-42-7630(UUT, AB 68 ADUS Study Acct. 101-20-7075 Community Wildfire Protection Plan Acct.. 219-21-7761 CityAttorney: February Retainer Acct. 101-15-7020 243 Barranca Receivership Acct. 101-23-7450 Chadwick Ranch Acct.. 103-00-2039 Code Enforcement (1550 Lemon) Acct.. 101-23-7450 Monthly Cell Phone Allowance Acct. 101-12-6440 Membership Dues for Calendar Year 2021 Acct. 101-30-6030 Animal Control Services for Feb: 2021 Acct. 101-25-7000 City Halll Monitoring for April 2021 Fire & Intrusion Systems Acct. 101-23-7420 Invoice No. 9351: Planted 61 Flats of Gazania at Mount Olive Tail and Medians Acct. 101-21-7035 Invoice No. 9352: Planted 14 one-gallon Mahonia, 6one-gallon: Santa Barbara Daisy, and 7one-gallon Lions Tail at City Hall Acct.. 101-21-7020 16356 16357 16358 $1,935.00 $10,685.00 $2,650.00 $260.00 $4,420.00 $525.00 $7,855.00 $75.00 $820.00 $390.95 $122.34 $192.00 16359 16360 16361 16362 16363 Kevin Kearney (Mar 2021) League of California Cities (2/26/21) Pasadena Humane Society (2/28/21) Post Alarm Systems (3/4/21) Priority Landscape Services, LLC (2/15/21) Priority Landscape Services, LLC (2/15/21) 16364 $324.00 Reso. No. 21-05 Page 3of7 March 16, 2021 Check 16365 Name and (Due Date) Priority Landscape Services, LLC (3/1/21) Description Amount Mar 2021 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 & Trail Acct. 101-21-7035 Acct. 102-42-7630 City Engineering Services Acct. 101-19-7230 Development Projects Acct. 101-19-7230 NPDES Coordination Acct. 102-42-7630 Winston/Lemon Trail Acct. 101-19-7230 Chadwick Ranch Acct. 103-00-2039 Street Lights Acct. 200-48-6410 Acct. 101-23-7410 Computer Services Acct. 113-20-8120 Chadwick Ranch Estates Change Order No. 4 Acct. 103-00-2039 Kevin Kearney Visa Card: USPS (code enforcement) Acct. 101-23-7450 $204.12 $402.41 $134.14 $542.38 $1,283.05 $222.25 16366 16367 ProPet Distributors, Inc. DOGIPOT Litter Pick-Up Bags (2/24/21) RKA Consulting Group (2/11/21) $220.50 $4,567.50 $595.00 $619.50 $1,840.00 (2/16/21) $7,842.50 $938.13 $10,426.74 $595.00 $5,500.00 16368 16369 16370 16371 16372 Southern Calif Edison (3/2/21) (2/10/21) TeamLogici IT (1/1/21) UltraSystems (3/8/21) U.S. Bank Corporate Payment Systems (2/22/21) LAC County Sheriff's Dept. Jan 2021 Law Enforcement Services $4.10 $4.10 Reso. No. 21-05 Page 4of7 March 16, 2021 16372 U.S. Bank Corporate Payment Systems (2/22/21) Claudia Saldana Visa Card: USPS (code enforcement) Acct.. 101-23-7450 Al-in-One-Poster Company Acct. 101-16-6200 Locksmith Services Acct. 101-16-6470 Dollar Tree Store Acct. 101-16-6200 ($10.95) Acct. 101-16-6450 ($3.28) Sophia Musa Visa Card: 99-Cent-Store Acct. 101-16-6200 Big! Lots Store Acct. #101-16-6450 USPS (1-Day Express Mail) Acct. 101-16-6120 The Home Depot Acct. 101-16-6200 Broadvoice ACCL#101-16-6440 Dec 2020 &. Jan 2021 Professional Services: City Planner (Retainer) Acct. #101-20-7210 City Planner (Hourly Services) Acct. #101-20-7240 City Planner (Chadwick Ranch) Acct. #103-00-2029 Plan Check Services (December) Plan Check Services (January) Acct. 101-20-7720 Transportation Services for March 2021 Acct. #204-40-7325 (Prop C) Custody Charges for Feb 2021 Safekeeping Fees Acct. #101-14-7010 Chadwick Ranch Estates Services Provided from 9/23/20t03/11/21 Acct. 103-00-2039 $19.39 $33.54 $283.40 $14.23 $350.56 16372 U.S. Bank Corporate Payment Systems (2/22/21) $7.71 $10.91 $26.35 $23.49 $169.70 $238.16 $3,900.00 $3,300.00 $825.00 $8,747.97 $2,952.00 $592.82 16373 VCA Code Group (2/16/21) (2/16/21) (2/18/21) City of Monrovia (3/4/21) U.S. Bank (2/28/21) UltraSystems (3/11/21) $19,724.97 $704.07 $29.75 $5,148.00 $118,579.86 16374 16375 16376 Total Regular Checks Reso. No. 21-05 Page! 5of7 March 16, ,2021 MARCH 2021 PAYROLL: ACH Kevin Kearney (Mar 2021) Salary: City Manager Acct. #101-12-5010 Withholdings Acct. #101-00-2011 Salary: City Clerk Acct. #101-13-5010 Withholdings Acct. #101-00-2011 Salary: Management Analyst Acct. #101-16-5010 Withholdings Acct. #101-00-2011 PERS Employee Share Acct. #101-16-5100 Finance Director (Feb 2021) 833x$82.94/hour Acct. #101-14-5010 Withholdings Acct. #101-00-2011 $10,000.00 (2,235.61) $5,118.67 (1,284.45) $4,583.33 (879.41) (309.37) $691.17 (64.64) $7,764.39 ACH Claudia Saldana (Mar 2021) $3,834.22 ACH Sophia Freyre (Mar 2021) $3,394.55 ACH Lisa Bailey (Mar 2021) $626.53 Total March Payroll $15,619.69 ELECTRONIC FUND' TRANSFER (EFT) PAYMENTS FOR MARCH 2021: EFT Aetna (Mar 2021) Health Insurance for Mar 2021: City Manager Acct. 101-12-5100 City Clerk Acct.. 101-13-5100 Management Analyst Acct. 101-16-5100 MAI Retroactive (Jan & Feb) Acct. 101-16-5100 Unemployment Insurance (UI) and Employment Training Tax( (ETT) City Manager Acct.. 101-12-5100 City Clerk Acct.. 101-13-5100 Management Analyst Acct. 101-16-5100 $1,565.52 $961.98 $396.32 $792.64 $3,716.46 EFT EDD (Mar 2021) $147.00 $147.00 $147.00 $441.00 Reso. No. 21-05 Page 6of7 March 16, 2021 EFT EFT EDD (Mar 2021) Dept. of Treasury (Mar 2021) State Tax Withholdings SDI Acct.. 101-00-2011 Federal Tax Withholdings Medicare (Employee's portion of Social Security and Medicarei 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 $776.66 $244.71 $1,882.66 $2,528.76 $591.40 $1,021.37 Internal Revenue Service Social Security $5,002.82 EFT California PERS (Mar 2021) $1,570.07 $799.11 $663.75 $508.72 $15.55 $3,032.93 EFT California PERS (Mar 2021) $524.27 MAYOR- CITY OF BRADBURY ATTEST: CITY CLERK-CITY OF BRADBURY "I, Claudia Saldana, City Clerk, hereby certify that the foregoing Resolution, being Resolution No. 21-05, was duly adopted by the City Council of the City of Bradbury, California, at a regular meeting held on the 16th day of March 2021 by thei following roll call vote:" AYES: NOES: ABSENT: CITY CLERK- CITY OF BRADBURY Reso. No. 21-05 Page 7of7 March 16, 2021 Hemitp payment andr make checks payablet to: STAPLES CREDITF PLAN DEPT. 11- 0005337241 POBOX 9001036 LOUISVILLE, KY 40290-1036 INVOICE DETAIL 1Staples BILLTO: CITY OFE BRADBURY SHIP TO: CITY OF BRADBURY 6001 WINSTONS ST BRADBURY CA 91008 Acct: 6011 10005 5337 241 CLAUDIAS SALDANA Amount Due: Trans Date: DUE DATE: Invoice #: 2756764961 $12.79 $63.99 $32.00 $44.78 $4.25 $49.03 Invoice #: 2759081761 $189.99 $477.89 $477.89 $0.01 $1,145.76 $108.85 $1,254.61 Invoice #: 2775242111 $30.32 -$0.01 $30.31 $2.88 $33.19 Invoice #: 70195 $49.03 PO: 01/21/21 1.0000 EA 1.0000 EA 1.0000ST SUBTOTAL TAX TOTAL 03/15/21 Store: 100088887, WESTBORO, MA $12.79 $63.99 $32.00 PRODUCT STAPLES COPY PAPER11X1 HAMMERMILL COPYF PLUS PAPE COUPONDISCOUNT Purchased by: CLAUDIA: SALDANA Order #: 9827241436 SKU# 512211 122374 558100 QUANTITY UNIT PRICE TOTAL PRICE BILL TO: CITY OF BRADBURY SHIPT TO: CITYOFE BRADBURY 600 WINSTONST BRADBURY CA 91008 Acct: 60111 10005 53372 241 CLAUDIAS SALDANA Amount Due: Trans Date: DUE DATE: $1,254.61 PO: 01/23/21 1.0000 EA 1.0000EA 1.0000EA 1.0000ST SUBTOTAL TAX TOTAL 03/15/21 Store: 100088887, WESTBORO, MA $189.99 $477.89 $477.89 -$0.01 PRODUCT HP6 651AE BLACK TONER CARTR HP 651AN MAGENTA TONER CAR HP 651A) YELLOW TONER CART COUPONDISCOUNT Purchased by: CLAUDIA: SALDANA Order #: 9827418343 SKU# 990208 990211 990210 558100 QUANTITY UNIT PRICE TOTAL PRICE BILL TO: CITY OFE BRADBURY SHIPT TO: CITY OF BRADBURY 600 WINSTONST BRADBURY CA 91008 Acct: 60111 10005 5337: 241 CLAUDIA SALDANA Amount Due: Trans Date: DUE DATE: $33.19 PO: 02/11/21 8.0000E EA 1.0000ST SUBTOTAL TAX TOTAL 03/15/21 Store: 100088887, WESTBORO, MA $3.79 -$0.01 PRODUCT AVERY READY INDEXTABLEO COUPONDISCOUNT Purchased by: CLAUDIA SALDANA Order #: 9828491020 SKU# 276188 558100 QUANTITY UNIT PRICE TOTALI PRICE BILL TO: Acct: 60111 10005 53372 241 CITY OF BRADBURY Amount Due: Trans Date: DUE DATE: $81.56 PO: 11921 01/19/21 1.0000EA 1.0000EA SUBTOTAL TAX TOTAL 03/15/21 Store: 100006160, PASEADENA, CA $38.99 $34.99 PRODUCT W2F FORMS & HELPERI KIT 24P STPLS 1099-NEC TAXKIT24 SKU# 24448850 24448860 QUANTITY UNIT PRICE TOTAL PRICE $38.99 $34.99 $73.98 $7.58 $81.56 nRe Ck# 16350 Page 5of6 1-800-669-5285 StaplesCommercialaccountonine.com usbank. U.S BANCORP SERVICE CENTER P.O. Box 6343 Fargo, ND5 58125-6343 CITY OF BRADBURY ACCOUNT NUMBER 4248-0446-0277-2711 STATEMENT DATE TOTAL ACTIVITY 02-22-21 $4.10 P-mlmpplallihl 000007608 01 SP 0.560 106481307829055P KEVIN KEARNEY CITY OF BRADBURY 600 WINSTON AVENUE BRADBURY CA 91008-1123 "MEMO STATEMENT ONLY" DO NOT REMIT PAYMENT 18.100A5 NEW ACCOUNT ACTMTY POST TRAN DATE DATE TRANSACTION DESCRIPTION 01-25 01-22 USPS PO 0522740820 DUARTE CA REFERENCE NUMBER 49/4610201180851883 9402 MCC AMOUNT 4.10 PUR ID: None TAX: 0.00 n2eR Ckt 16372 Default Accounting Code: ACCOUNT NUMBER 42460446-0211-271 STATEMENT DATE DISPUTED. AMOUNT 02-22-21 ACCOUNT SUMMARY PREVIOUS BALANCE PURCHASESR OTHER CHARGES CASH ADVANCES CASH ADVANCE FEE CREDITS TOTAL ACTIVITY CUSTOMER SERVICE CALL 800-344-5696 $.00 $4.10 $.00 $.00 $.00 $4.10 $.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 COPYRIGHT 2005 U.S. BANKI NATIONAL. ASSOCIATION PAGE10F1 usbank. U.S BANCORP SERVICE CENTER P.O. Box 6343 Fargo, ND: 58125-6343 CITY OF BRADBURY ACCOUNT NUMBER 4246-0470-0126-4883 STATEMENT DATE TOTAL ACTIVITY 02-22-21 $350.56 -ryn"l-ll-n m'n 00000761001 SP 0.560 106481307829057P CLAUDIA A SALDANA CITY OF BRADBURY 600 WINSTON AVENUE BRADBURY CA 91008-1123 "MEMO STATEMENT ONLY" DO NOT REMIT PAYMENT NEW AECOUNT: ACTIVITY POST TRAN DATE DATE TRANSACTION DESCRIPTION 02-04 02-03 USPS PO 0522740820 DUARTE CA 02-09 02-08 1XF4K LOCKSMITH VIEWINVOICE CA 02-15 02-12 DOLLAR TREE DUARTE CA REFERENCE NUMBER 4374610.00705740976 9402 4.2151029837846077923 1799 283.40 4ASUV0A00I2BASIA0 5331 MCC AMOUNT 19.39 33.54 14.23 PUR ID: None TAX: 0.00 PUR ID: 47809820 TAX:0.00 PUR ID: 84607792 TAX:0.00 PUR ID: TAX:1.23 02-05 02-04 ALL IN ONE POSTER COMPAN 714-521-7720CA 499103704/2098204 5111 CR#16372 pee Default Accounting Code: ACCOUNT NUMBER 4246-0470.0126-483 STATEMENT DATE DISPUTED. AMOUNT 02-22-21 ACCOUNT SUMMARY PREVIOUS BALANCE PURCHASES & OTHER CHARGES CASH ADVANCES CASH ADVANCE FEE CREDITS TOTAL ACTIVITY CUSTOMER SERVICE CALL 800-344-5696 $.00 $350.56 $.00 $.00 $.00 $350.56 $.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 DONOTREMIT COPYRIGHT: 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 4248-0446-5320-2800 STATEMENT DATE TOTAL ACTIVITY 02-22-21 $238.16 PPm.gen ahlmlllml 000007609 01 SP 0.560 106481307829056P SOPHIA MUSA CITY OF BRADBURY 600 WINSTON AVENUE BRADBURY CA 91008-1123 "MEMO STATEMENT ONLY" DO NOT REMIT PAYMENT MS : NEW AECOUNT ACTIVITY DST TRAN ATE DATE TRANSACTION DESCRIPTION -25 01-22 99-CENTS-ONLY #0336 DUARTE CA -28 01-27 BIG LOTS STORES #4170DUARTE CA -29 01-28 USPS PO 0522740820 DUARTEC CA 1-08 02-05 THE HOME DEPOT #6629 MONROVIA CA -15 02-14 BROADVOICE 888-325-5875 CA REFERENCE NUMBER 445091022008.928497 5411 43/45.02/30X9.6332 5310 43/461029001024884756 9402 49.9071097010181285022 5200 245957104507597104 4814 169.70 MCC AMOUNT 7.71 10.91 26.35 23.49 PUR ID: 680101 TAX: 0.66 PUR ID: TAX:1.01 PUR ID: None TAX: 0.00 PUR ID: CITY OF BRADBURY TAX:2.18 PUR ID: 2853579903 TAX: 0.00 CR#16372 Ree Default Accounting Code: ACCOUNT NUMBER 4246-0446-5320-2600 STATEMENT DATE DISPUTED. AMOUNT 02-22-21 ACCOUNT SUMMARY PREVIOUS BALANCE PURCHASES& OTHER CHARGES CASH ADVANCES CASH ADVANCE FEE CREDITS TOTAL ACTIVITY CUSTOMER SERVICE CALL 800-344-5696 $.00 $238.16 $.00 $.00 $.00 $238.16 $.00 SEND BILLING INQUIRIES TO: C/O U.S. BANÇORP SERVICE CENTER, INC U.S. BANK NATIONAL. ASSOCIATION P.O. BOX 6335 FARGO, ND5 58125-6335 AMOUNT DUE $0.00 DO NOT REMIT PYRIGHT 2005 U.S. BANK NATIONAL ASSOCIATION PAGE10F1 A do 888 888 6A $A 2 0 Revenues Acct. Number General Fund: 2019-20 2019-20 2020-21 Budget 2020-21 YTD @ 2/28/21 44,815 6,382 8,291 5,738 18,014 Account Description Budget YTD @ 06/30/20 495,000 466,415 18,500 17,859 12,000 10,674 7,500 1,500 23,000 25,750 19,000 18,321 37,000 38,058 2,600 38,000 40,285 18,000 14,000 19,714 140,000 141,339 1,500 2,000 40,700 35,412 15,000 1,600 5,000 25,000 73,112 250,000 88,887 250,000 91,735 5,500 27,000 1,050 1,000 135,000 53,417 77,712 68,873 400 200 4,820 3,000 100 101-00-4000 Operating Transfers In 101-00-4010 Property Tax-Current Secured 101-00-4030 Property Tax-Current Unsecured 101-00-4050 Property Tax Prior Year 101-00-4060 Public Safety Augmentation! F 101-00-4070 Delinquent Taxes 101-00-4100 Sales & Use Tax 101-00-4110 Franchise Fee-Cable TV 101-00-4120 Franchise Fee-SC Edison 101-00-4130 Franchise Fee-SC Refuse 101-00-4140 Franchise Fee-SC Gas Co. 101-00-4150 Franchise Fee-Cal Am Water 101-00-4160 AB939 Refuse Admin. Fee 101-00-4190 Real Property Transfer Tax 101-00-4200 Motor Vehicle In-Lieu 101-00-4210 Dist & Bail Forfeiture 101-00-4220 Fines-City 101-00-4350 Business License 101-00-4360 Movie & TV Permits 101-00-4370 Bedroom License Fee 101-00-4410 Variances & CUPS 101-00-4420 Lot! Line AdjustmentZone Changes 101-00-4440 Subdivisions/Lot: Splits 101-00-4460 Planning Dept. Review 101-00-4470 Building Construction Permit 101-00-4480 Building Plan Check Fees 101-00-4485 Landscape Plan Check Permit 101-00-4490 Green Code Compliance 101-00-4500 Civic Center Rental Fee 101-00-4530 Environmental & Other Fees 101-00-4540 City Engineering Plan Check 101-00-4600 Interest Income 101-00-4700 Sales of Maps & Publications 101-00-4800 Other Revenue 101-00-4850 Cal-Am Loan Repayment 101-00-4900 Reimbursements 101-00-4920 Sale of Prop. Al Funds 101-23-4950 Vacant Property Registry Fee 101-24-4610 Donations Utility Users Tax Fund: 102-00-4600 Interest 102-00-4830 Electric Deposits Fund: 94% 430,000 254,285 14,000 15,709 10,000 6,000 1,200 26,000 20,000 38,000 19,657 3,000 40,000 18,000 20,000 11,804 101% 140,000 71,695 2,000 1,000 87% 40,000 19,841 10,000 1,500 70,000 17,447 85,000 78,918 90,000 32,886 3,500 6,500 900 1,300 50,000 68,851 89% 50,000 14,571 200 4,820 500 15,856 100 59% 112% #DIV/O! 64% 138% 478% 69% 0% 52% 0% 0% 0% 59% 51% 26% 361% 50% 62% 0% #DIV/O! #DIV/O! 25% 93% 37% 4,876 139% 6,203 95% 0% 742 57% 138% 29% 15 8% #DIV/O! 0% 3171% #DIV/O! 0% #DIV/O! 62% 38% 38% 97% (62) #DIV/O! 89% 6,945 93% 1,075 72% 112% 96% 103% 3,213 124% 106% 19,267 107% 141% 2,257 150% 1,866 93% 30,900 #DIV/O! 0% 1,635 102% #DIV/O! 0% 292% 36% 37% 2,793 51% 9,084 34% 900 86% 1,112 111% 40% 125 31% 0% 4,820 100% 1,231 41% #DIV/O! 100 100% 500 #DIV/O! 523 3,612 2,060 #DIV/O! 6,180 Total General Fund Revenues 1,672,682 1,277,612 76% 1,183,520 728,971 18,810 14,859 18,810 14,859 79% 79% 10,000 10,000 244,209 78,209 244,209 78,209 3,000 300 3,300 3,830 2 3,832 103-00-2039 Chadwick Ranch Development Long Term Planning Fee Fund: 112-00-4490 Long-Term Planning Fee 112-00-4600 LTP Fee Interest Income 252,530 252,530 3,490 367 3,857 8,000 400 8,400 44% 92% 46% 1,775 62 1,837 59% 21% 56% 1of3 Revenues 2019-20 Budget 18,500 1,000 19,500 Acct. Number Technology Fee Fund: 113-00-4520 Technology Fee 113-00-4600 Technology Fee Interest Income 2019-20 YTD @ 06/30/20 7,094 913 8,007 1,211 #DIV/O! 191 #DIV/O! 2020-21 Budget 38% 7,000 91% 800 41% 7,800 1,200 2020-21 YTD @ 2/28/21 7,525 215 7,740 Account Description 108% 27% 99% 0% 80% 76% #DIV/O! 8,335 62% 134 #DIV/O! 8,469 63% 57% 216 72% 57% 49% 50% 0% 0% 100% 33% #DIV/O! 97% #DIV/O! 6 #DIV/O! 6 #DIV/O! 73 73 7,732 306 8,038 8,779 180 8,959 Gas Tax Fund: 200-00-4200 TCRA Funds 200-00-4600 Gas Tax Interest 200-48-4260 Gas Tax SB1 Gas Tax Fund: 201-00-4000 Transfers In 201-48-4260 Gas Tax 201-00-4600 Gas Tax Interest Prop. Al Fund: 74 #DIV/O! 25,000 28,773 25,000 30,175 15,000 18,653 15,000 18,866 23,000 20,741 308 23,308 21,221 19,000 17,204 19,000 17,414 5,000 5,000 600,000 600,000 885 10,551 1192% 600,885 610,551 115% 22,500 17,921 121% 23,700 17,995 #DIV/O! 124% 213 #DIV/O! 126% 90% 156% 91% 210 #DIV/O! 5,000 100% 13 #DIV/O! 5,013 100% 13,500 13,500 25,094 14,192 300 91% 25,394 14,408 203-40-4260 Prop.. ATransit Funds 203-40-4600 Prop.. A Transit Interest Prop. C Fund: 204-48-4260 Prop. CI Funds 204-48-4600 Prop. C Interest Transportation Development. Act Fund: 205-48-4260 TDAI Funds 205-48-4600 TDAI Interest Sewer Fund: 206-00-4000 Transfers In 206-50-4600 Sewer Fund Interest 206-50-4730 Mount Olive Drive Assessment 480 20,813 10,283 92% 20,813 10,384 101 #DIV/O! 5,000 5,000 11,000 3 #DIV/O! 3 3,652 100% 240,000 240,000 102% 251,000 243,652 #DIV/O! STPL Fund: 208-00-4260 STPLFunds 208-00-4600 STPL Interest Recycling Grant Fund: 209-00-4260 Recycling Grant Funds 209-00-4600 Recycling Grant Interest Measure RF Fund: 210-48-4260 Measure RI Funds 210-48-4600 Measure RI Interest Measure MI Fund 212-48-4260 Measure MI Funds 212-48-4600 Measure M Interest 20 #DIV/O! 20 #DIV/O! 3,182 64% 187 #DIV/O! 3,369 67% 86% 1,019 #DIV/O! 93% 14,483 88% 462 #DIV/O! 91% 5,000 5,000 15,000 12,885 15,000 13,904 16,500 16,500 14,945 5,000 50 5,050 15,572 800 16,372 16,005 300 16,305 0% 146% 1% 50% 38% 49% 55% 60% 55% 2of3 Revenues Acct. Number Measure W Fund 213-48-4260 Measure WI Funds 213-48-4600 Measure WI Interest Citizen's Option for Public Safety (COPS) Fund: 215-23-4260 COPs Funds 215-23-4600 COPS Interest County Park Grant: 217-00-4210 County Park Grant 217-00-4600 Grant Fund Interest Income 2019-20 Budget YTD @ 06/30/20 60,000 60,000 100,000 152,399 982 100,982 156,972 2019-20 2020-21 Budget 60,000 50,506 60,000 50,506 3,000 2020-21 YTD@2/28/21 Account Description 84% #DIV/O! 84% 157% 46% 153% 46% 46% 7% 23% 7% #DIV/O! 0% 466% 152% 100,000 156,727 155% 103,000 158,104 4,573 1,377 180 180 45,000 215 45,215 165 165 208 208 92% 100 92% 100 45,000 97% 150 0% 45,150 46 46 3,068 35 3,103 50,000 #DIV/O! 38 50,038 Fire Safe Grant: 219-00-4260 Community Wildfire Protection Plan 219-00-4600 Fire Safe Grant Interest Income Covid-19 Fund: 220-00-4215 COVID 19 Revenues 220-00-4600 Interest Income Total Revenues 2,650,462 2,449,688 92% 2,034,213 1,394,373 69% 3of3 Expenditures 2019-20 Budget 2019-20 YTD @ 06/30/20 2020-21 Budget 2020-21 YTD @ 2/28/21 Account Description General Fund: 101-00-5000 Transfers Out City Council Division: 101-11-6500 Community Support (nomelessness) 101-11-6100 Events and awards 101-11-6110 City Newsletter City Manager Division: 101-12-5010 Salaries 101-12-5100 Benefits 101-12-6020 Meetings & Conferences 101-12-6025 Expense Account 101-12-6050 Mileage 101-12-6440 Cell Phone City Clerk Division: 101-13-5010 Salaries 101-13-5100 Benefits 101-13-6020 Meetings & Conferences 101-13-6050 Mileage 101-13-6210 Special Department Supplies 101-13-6220 Election Supplies 101-13-6225 Codification 101-13-7000 Contract Election Services Finance Division: 101-14-5010 Salaries 101-14-5100 Benefits 600,000 600,000 4,000 6,000 10,000 109,268 120,000 46,174 3,500 1,500 1,200 1,000 162,642 176,089 61,424 24,702 50 275 500 7,000 12,000 105,951 15,449 1,371 600 500 4,000 18,000 725 40,645 31,800 5,000 1,100 37,900 48,308 13,107 1,000 200 1,000 300 300 2,500 500 15,000 3,717 3,000 1of4 100% 240,000 240,000 100% 0% #DIV/O! 0% 0% 67% 65% 295 8% 507 41% 377 38% 525 53% 65% 67% 17,204 66% #DIV/O! 28 24% 0% 0% 468 9% #DIV/O! 63% 9,746 70% 1,012 75% 349 698% 400 40% 3,547 79% 0% 700 97% 39% 58% 592% 1,675 500 45% 100% 64% 2,852 18% 0% 149 75% 0% 0% 175 25% 2,424 242% #DIV/O! 3,792 38% 4,194 93% 2,488 100% 3,000 75% 6,451 108% 475 #DIV/O! 9,926 99% 48,193 104% 4,853 139% 1,233 82% 910 76% 900 90% 56,305 92% 29,978 121% 12 #DIV/O! 122 244% 157 57% 314 63% 3,063 44% 0% 89,951 85% 13,160 85% 1,172 85% 37 6% 1,231 246% 4,317 108% 15,300 85% 700 97% 35,917 88% 31,800 100% 4,190 84% 0% 35,990 95% 45,810 95% 15,436 118% 0% 150 75% 0% 151 50% 690 230% 814 33% 0% 9,383 63% 4,219 114% 2,557 85% 4,000 300 4,300 49,455 32,060 3,500 1,250 1,000 1,000 61,424 40,949 26,126 115 275 500 5,000 93,440 58,649 14,000 1,357 50 1,000 4,500 18,500 725 40,132 15,754 31,800 18,550 2,500 14,810 1,100 35,400 35,535 48,308 31,001 15,488 1,000 200 500 300 700 1,000 10,000 4,500 2,500 110% 120,000 80,000 108% 176,205 113,764 101-14-6210 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 NPDES Stormwater Compliance 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 101-16-6210 Special Departmental Supplies 101-16-6230 Computer & Website Services 101-16-6240 PERS UAL Payment 101-16-6241 PERS Replacement Benefit Contribution Expenditures 2019-20 Budget 5,000 56,000 4,500 6,000 4,000 3,000 400 167,832 113,126 130,000 130,000 1,000 500 500 46,800 250,000 114,219 15,000 26,000 339,800 179,126 10,000 7,000 10,000 12,000 43,000 82,000 118,522 118,521 3,500 6,000 128,022 138,790 100 375 500 5,500 5,000 11,475 18,085 300 18,385 2of4 2019-20 YTD @ 06/30/20 200 903 18% 19,811 35% 3,606 80% 2,087 35% 3,601 90% 3,695 123% 13 3% #DIV/O! 80,950 62% 75,000 44,261 80,950 62% 75,000 44,261 #DIV/O! 427 43% 500 0% 500 0% 500 46,800 100% 46,800 23,400 46% 90,000 13,530 90% 15,000 4,150 #DIV/O! 63,000 0% 53% 216,300 7,515 75% 10,000 3,723 53% 7,000 4,356 44% 10,000 6,681 56% 12,000 1,417 3% 7,000 #DIV/O! 23,692 29% 46,000 17,401 74 #DIV/O! 100% 125,121 2,887 82% 17,308 288% #DIV/O! 108% 140,121 67 67% 360 96% 0% 4,856 88% 857 #DIV/O! 8 #DIV/O! 0% 6,148 54% 17,653 98% 0% 17,653 96% 2020-21 Budget 200 1,200 35,000 36,352 3,200 2,300 1,200 3,200 500 2020-21 YTD @ 2/28/21 200 100% 0% 104% 4,155 130% 1,291 56% 715 60% 2,845 89% 3,804 761% #DIV/O! 73% 59% 59% #DIV/O! 213 43% 0% 0% 50% 18,405 20% 9,116 61% 5,534 9% #DIV/O! 56,668 26% 3,513 35% 3,062 44% 4,195 42% 4,527 38% 1,544 22% 560 #DIV/O! 38% 6 #DIV/O! 62,560 50% 2,124 71% 1,528 13% #DIV/O! 66,218 47% 110 110% 495 495% 360 96% 0% 835 15% 0% #DIV/O! #DIV/O! 1,800 25% 2,708 21% 0% 2,708 20% Account Description 101-16-6242 PERS SSA 218 Annual Fee 101-16-6250 Copier & Duplications 101-16-6300 Insurance 101-16-6400 Utilities 101-16-6440 Telephone 101-16-6450 Building Operations 101-16-6460 Building & Cleaning Service 101-16-6470 Maintenance & Supplies 101-16-7600 Operating Contingency Engineering Division: 101-19-7230 Contracted Engineering Services Planning, Zoning & Development Division: 101-20-6020 Meetings & Conferences 101-20-6120 Postage 101-20-6210 Special Department Supplies 101-20-6240 Environmental Filing Fees 101-20-7210 City Planner Retainer 101-20-7220 Contracted Building & Safety 101-20-7240 City Planner Special Service 101-20-7245 General Plan update 101-20-7075 Development Code Update Parks & Landscape Maintenance Division: 101-21-7015 Royal Oaks Trail Maintenance 101-21-7020 City Hall Grounds Maintenance 101-21-7025 Trail Maintenance 101-21-7035 Mt.Olive Entrance & Trail 101-21-7045 Lemon/RO Horse Trail 101-21-7060 Street Tree Trimming Public Safety Division: 101-23-6210 Special Departmental Services 101-23-7410 Contract Services Sheriff 101-23-7420 City Hall Security 101-23-7450 Code Enforcement 101-23-7757 AED Purchase Emergency Preparedness Division: 101-24-6010 Seminars & Training 101-24-6020 Meetings & Conferences 101-24-6030 Memberships & Dues 101-24-6100 Events & Awards 101-24-6470 Maintenance & Supplies 101-24-6480 Civic Center Generator 101-55-7030 Hazard Mitigation Plan 101-24-7245 Hazard Mitigation Plan Animal & Pest Control Division: 101-25-7000 Animal Control Services 101-25-7010 Pest Control Services 67% 131,296 96,437 3,000 12,000 100 100 375 200 5,500 1,000 7,275 12,971 300 13,271 Expenditures 2019-20 Budget 9,200 2019-20 YTD @ 06/30/20 10,459 2020-21 Budget 10,500 2020-21 YTD @ 2/28/21 9,643 Account Description intergovernmental Relations Division: 101-30-6030 Memberships & Dues 114% 92% 62% #DIV/O! General Fund Totals 1,843,852 1,517,817 82% 1,229,240 758,838 Utility Users Tax Fund: 102-15-7075 NPDES Stormwater Compliance 102-42-7630 NPDES Stormwater Compliance 26,000 26,000 91,920 91,920 252,530 252,530 2,800 #DIV/O! 14,748 147% 576 3% 1,257 #DIV/O! 16,581 55% 9,370 104% 9,691 121% 588 20% 4,384 110% #DIV/O! 1,610 #DIV/O! 25,643 107% 0% #DIV/O! 0% 0% 0% 0% 8,449 #DIV/O! 0% #DIV/O! 8,449 42% #DIV/O! 4,768 95% #DIV/O! 4,768 95% 354% 354% 19,878 42,408 213% 19,878 42,408 213% Deposits Fund: 103-00-2039 Chadwick Ranch Development Long Term Planning Fee Fund: 112-20-7245 General Plan Expense Technology Fee Fund: 113-20-4500 Permit Digitizing 113-20-7730 Website Gas Tax Fund: 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 200-48-7750 Wild Rose Project 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 Prop. AI Fund: 203-00-7600 Sale of Prop. Al Funds 203-40-7625 Transit Services Prop. CI Fund: 204-20-6030 Memberships & Dues 204-40-7325 Transit Services 204-48-7745 Royal Oaks North Curb Extension 204-48-7755 City Wide Slurry Seal Transportation Development Act Fund: 205-48-7720 Lemon/RO Horse Trail Project 205-48-7735 Royal Oaks & Mt. Olive Trail Rehab. 205-00-7760 Return of Funds 166,000 50,063 166,000 20,000 2,000 10,000 2,000 14,000 9,000 8,000 1,000 4,000 5,000 27,000 50,063 19,270 96% 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 5,000 5,000 865 #DIV/O! 4,300 215% 3,961 9,126 7,839 5,811 1,566 2,250 17,466 113-20-8120 Capital Equipment- -Server & Copier 1% 0% 65% 87% 73% 0% 39% 45% #DIV/O! 65% #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! 378 42% 5,632 63% #DIV/O! #DIV/O! 6,010 61% #DIV/O! 0% #DIV/O! 0% Misc. Technology Expenses 900 9,000 9,900 5,000 5,000 3of4 Expenditures 2019-20 Budget 2,619 705,087 404,275 580,000 5,125 1,292,831 412,046 5,000 14,000 14,000 27,000 27,000 60,000 100,000 100,000 55,000 155,000 152,399 1,000 72,000 2019-20 YTD @ 06/30/20 2,619 5,152 3,182 2020-21 Budget 2020-21 YTD@2/28/21 Account Description Sewer Fund: 206-50-7600 Mt. Olive Drive Sewer Project 206-50-7601 Mt. Olive Lane Sewer Project 206-50-7602 DUSD Message Board 206-50-7605 Lemon Ave. Project 206-50-7606 Winston Ave Project Recycling Grant Fund: 209-35-7300 Recycling Education Measure RI Fund: 210-48-7755 City Wide Slurry Seal 210-48-7745 Royal Oaks North Curb Extension 210-00-7760 Return of Funds Measure MI Fund 212-48-7755 Citywide Slurry Seal 212-48-7745 Royal Oaks North Curb Extension 212-48-7756 Bridge Repair Measure W 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 County Park Grant: 217-21-7650 Civic Center Park Fire Safe Grant 14-USFS-SFA-0053: 219-21-7761 Community Wildfire Protection Plan 220-00-5000 Operating Transfers Out 220-00-6215 COVID 19 Expenses 100% 0% 101% 64% #DIV/O! 0% #DIV/O! 0% #DIV/O! 0% #DIV/O! 0% #DIV/O! 39% 0% #DIV/O! 41% 144% #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! 57% 673,396 260,767 40,000 32% 753,396 312,517 40,000 51,750 129% 5,000 7,200 60,000 50,506 50,000 53,500 17,228 1,000 50,000 100% 95% 98% 103,500 0% 32% 17% 0% 8% 52,399 1,000 4,546 17,228 4,116 44,815 5,223 50,038 Covid-19 Fund: Total Expenditures 3,603,583 2,493,681 69% 2,463,914 1,344,786 55% 4of4 D. Montgomery Lewis, Mayor (District 2) Elizabeth Bruny, Mayor Pro-Tem (District5) Richard G. Barakat, Council Member (District 3) Richard T. Hale, Jr., Council Member (District 1) Bruce Lathrop, Council Member (District4) e - BRADBURY City of Bradbury City Council Agenda Report TO: FROM: Honorable Mayor and Council Members Kevin Kearney, City Manager By: Jim Kasama, City Planner Lisa Kranitz, Assistant City Attorney DATE: March 16, 2021 SUBJECT: ADOPTION OF ORDINANCE NO. 373 AN 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 (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO ACCESSORY LIVING QUARTERS (ALQs) AGENDA ITEM NO. 1E SUMMARY During 2019, the State adopted legislation mandating that cities allow Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUS). The State-mandated provisions were to take effect January 1, 2020; however, the City Council adopted Urgency Ordinance No. 368 on December 17, 2019 putting local regulations in place. A draft replacement ordinance was considered by the City Council on June 16, 2020. However, the City Council scheduled a study session to discuss safety concerns, and the draft replacement ordinance was significantly revised. The Planning Commission adopted Resolution No. PC 21-294 at the January 27, 2021 meeting to recommend approval of the revised draft replacement ordinance Ordinance No. 373 (Attachment A). The City Council held a public hearing for Ordinance No. 373 and unanimously approved and introduced the Ordinance at the February 16, 2021 meeting. Attachment B is the February 16, 2021 agenda report. It is recommended that the City Council adopt Ordinance No. 373. ENVIRONMENTAL DOCUMENT The City Council approved and introduced Ordinance No. 373 with an exemption under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section AGENDA ITEM NO. 1E 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units per the provisions of Sections 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 in Government Code Section 65852.2, this exemption covers junior accessory dwelling units as well. Regardless of whether the City adopts the 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, the ordinance is categorically exempt under the commonsense exemption of CEQA Guidelines Section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts. Additionally, the Sections that were added in Article IV of Chapter 85 of the Ordinance are the same provisions that were previously in the Code but were repealed by the Urgency Ordinance. RECOMMENDATION Itis recommended that the City Council adopt Ordinance No. 373 with an exemption under AN 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 (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO ACCESSORY LIVING CEQA, waive the reading in full and read the Ordinance only by title: QUARTERS (ALQs) ATTACHMENTS A-Ordinance No. 373 B-F February 16, 2021 Agenda Report City of Bradbury City Council - Agenda Report Adoption of Ordinance No. 373 March 16, 2021 Page 2 of2 ATTACHMENT A ORDINANCE NO. 373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA AMENDING THE DEVELOPMENT PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO ACCESSORY L/VING QUARTERS This page intentionally blank D ORDINANCE NO.373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA AMENDING THE DEVELOPMENT PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO ACCESSORY LIVING QUARTERS WHEREAS, the State Legislature believes there is a shortage of affordable housing in California which has led to homelessness and causes people to drive longer distances to work ort 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 bills in 2019 to deal with the housing problem and there were additional housing bills in 2020; and WHEREAS, the State Legislature believes that the construction of Accessory Dwelling Units and Junior Accessory Dwelling Units (ADUS and JADUS, also known as second units, in-law units, garage conversions, and granny flats) will combat the housing shortage; and WHEREAS, in order to encourage the construction ofADUS and JADUS, the State Legislature has amended Government Code Section 65852.2 and Section 65852.22; and WHEREAS, the new State laws relating to ADUS and JADUS took effect on January 1, 2020 and the City was required to be in compliance with the new provisions by that time or the State provisions relating to these units would prevail and the City would lose local control; and WHEREAS, in order to be in timely compliance with the January 1, 2020 effective date, the City Council adopted Urgency Ordinance No. 368 on December 17, 2019 without the opportunity to go through the normal public hearing procedure before the Planning Commission and City Council; and WHEREAS, Urgency Ordinance No. 368 prohibited ADUS in the very high fire hazard severity zone areas as shown in the City's General Plan and those subject to Hillside Development Standards pursuant to Chapter 97 of the Bradbury Municipal Code; and WHEREAS, based on the Department of Housing and Community Development ("HCD") guidance provided to other cities and HCD's Guidelines, it appears that certain provisions in Bradbury's Urgency Ordinance relating to ADUS and JADUS should be amended; and WHEREAS, on May 27, 2020, the Planning Commission of the City of Bradbury, California held a duly noticed public hearing on a previous draft of this Ordinance, and after the close of the public hearing the Planning Commission adopted Resolution No. PC 20-289 to recommend that the City Council adopt this Ordinance; and WHEREAS, on July 13, 2020, August 10, 2020 and September 10, 2020 the WHEREAS, as a result of the City Council study sessions the City retained the Dudek Fire Protection Planning Team to perform research and prepare a City Council held study sessions regarding accessory dwelling units; and Memorandum on issues relating to ADUS and JADUS; and WHEREAS, while Dudek was preparing its Memorandum, the Governor's Office of Planning and Research ("OPR") released a draft Fire Hazard Planning Technical Advisory; and WHEREAS, a draft Ordinance along with the Dudek Memorandum and OPR Technical Advisory were presented to the City Council for discussion atana additional study session on December 9, 2020; and WHEREAS, on January 27, 2021, the Planning Commission held a further public hearing on the revised Ordinance resulting from the City Council study sessions and adopted Resolution No. PC 21-294 to recommend that the City Council adopt this Ordinance; and WHEREAS, on February 16, 2021 the City Council of the City of Bradbury, California held a duly noticed public hearing to consider adoption of this Ordinance, at which time it considered all evidence presented, both written and oral; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council hereby makes the following findings regarding the prohibition of accessory dwelling units in certain locations within the City of Bradbury: A. The majority of the City of Bradbury is located in a very high fire hazard B. Since 1953 there have been four separate wildfires that have burned through C. The 2019 mid-term Housing Element recognized that opportunities for second unit in-fill development could be impacted by natural hazards such as wildfires that severity zone (VHFHSZ); Bradbury and the neighboring communities; constrain density; D. According to the Los Angeles County Fire Code which has been adopted by reference by the City of Bradbury, and as pointed out in the Dudek Memorandum, the -2- Ord.373 minimum road width needed for fire access is 20-feet unobstructed paved width based on the standard width of fire engines and their ability to pass one another; E. The Dudek Memorandum also concludes among other things that the four- foot setback requirements and the inability to require fire sprinklers would likely have negative fire related impacts in Bradbury and recommends that fire sprinklers should be required whenever possible; F. There are numerous roads within the City that are less than 20 feet in width G. Residents living on narrow roads within the City of Bradbury have been informed by thel Los Angeles County Fire Department that if there is at fire, the Department which impedes access of fire apparatus; may not be able to provide service; H. Government Code S 51182 provides that when property is within a very high fire hazard severity zone, there should be 100 feet of defensible space maintained for each side and from the front and rear of the structure, but not beyond the property line; I. The majority of the City of Bradbury is zoned R-20,000, A-1, A-2, or A-5 with rear and side yard setbacks of 15 feet in the R-20,000 zone and 25 feet in the three Agricultural ("A") zones, meaning that accessory living quarters and other structures cannot be located closer than 30 feet to each other in these areas; J. According to the Southern California Association of Governments (SCAG) community profile, only 4.5% of the housing stock in Bradbury was built after 2010, when residential sprinkler systems became a requirement; K. Since the time that the Governor signed the new ADU/JADU legislation into law in 2019, there have been dozens of wildfires in California which have burned tens of thousands of acres, damaged or destroyed hundreds of homes and other structures, caused the death of many people, and resulted in injuries to many more; L. On August 18, 2020, the International City/County Management Association released a document titled "21st Century - Fireand Emergency Services" which contained the recommendation to "Embrace the use of fire sprinkler technology in all buildings through the rapid adoption of codes and ordinances at the federal, state, and local government levels to dramatically reduce the incidence of deadly and costly fires"; M. On August 18, 2020, ABC News reported that there were at least 28 wildfires N. By August 19, 2020, the Governor declared a State of Emergency as more than 350 wildfires burned throughout California, many due to lightning strikes, and a burning in California alone; request was made for 375 fire engines from out-of-state; O. State of Emergencies have become a yearly occurrence due to wildfires; -3- Ord.373 P. Because the accessory dwelling unit law does not allow the City to require sprinklers in units where the main house was not required to install sprinklers, the City cannot require sprinklers to be installed in most of the accessory dwelling units that could be built in the City; Q. The location ofi the City in a very high fire hazard severity zone, the inability to require sufficient separation between buildings, the inability to require sprinklers in a majority of accessory dwelling units that could be built, and the narrow streets which impede fire access, justify the prohibition of accessory dwelling units to be built as of right in those areas of the City in the very high fire hazard severity zone; R. The City Council recognizes the need for additional housing opportunities in the City, even in the very high fire hazard severity zone, and for that reason is providing for the opportunity for certain secondary living quarters of up to 1,000 square feet as defined herein to be built in this area with reduced procedural requirements, while still imposing setbacks for adequate building separation and requiring fire sprinklers; S. The City Council also recognizes that Bradbury has traditionally allowed the development of a variety of accessory living quarters and wishes to continue to allow: such development, subject to discretionary review by the City's Planning Department, and the City's Planning Commission; T. Government Code S 65852.2(a)1)(A) provides local agencies with the authority to designate areas within the jurisdiction where ADUS may be prohibited based on public safety. The provisions set forth in this Ordinance are necessary for the public SECTION2. Section 9.25.020 oft the Bradbury Development Code relating to Definitions is hereby amended by adding and modifying the following definitions to read as follows: Accessory dwelling unit ("ADU") means a dwelling unit of up to 1,000 square feet 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 on the Accessory living quarters means living quarters in addition to the primary unit on safety. same parcel of land as the primary unit. the same parcel of land as the primary unit, and includes the following: (1) Bunk houses; (2) Guest houses; (3) single-oom-occupaney units (SROs); and (4) SRO developments. -4- Ord.373 Bunk house means living accommodations detached from the primary unit and designed to house two or more individuals who are personnel involved with the care and maintenance of the primary unit, or the associated on-site agricultural, equestrian, farming, or other residential activities. Bunk houses shall include permanent provisions for living, sleeping, and sanitation facilities, and may include facilities for cooking, bathing, and eating. A bunk house is sometimes commonly referred to as grooms Enhanced accessory dwelling unit ("EADU") means an ADU over 1,000 square feet Fire Zone ADU (" FZADU") means an ADU in the Very High Fire Hazard Severity Zone which complies with City zoning setback requirements and is equipped with fire sprinklers, the requirement of which would otherwise be prohibited by State legislation. Guest house means living accommodations detached from the primary unit that may include some or all facilities for complete independent living such as permanent provisions for living, sleeping, eating, cooking, bathing and sanitation for guests and visitors of the occupants of the primary dwelling unit. A guest house is sometimes Junior accessory dwelling unit ("JADU") means an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. The single-family residence does not include an Primary unit shall mean the existing or proposed largest single-family dwelling on Secondary living quarters means accessory living quarters and accessory dwelling units, including junior accessory dwelling units, fire zone accessory dwelling units, and singlerpomr-occupaney ("SRO") development means a detached accessory structure used primarily for multi-tenant, single-rom:occupancy units, containing two or more singe-rom-occupaney units with a shared kitchen, dining room, and laundry singlerpomr-occupaney units ("SROs") means a room of between 150 and 250 square feet of floor area with permanent provisions for living and sleeping that is attached to the primary unit or is part of a singe-rom-occupancy development. An SRO shall not include cooking and eating facilities, but may include sanitation facilities SECTION 3. Chapter 85 of the Bradbury Municipal Code is hereby repealed and a new Chapter 85 is added to Title IX of the Bradbury Municipal Code to read as follows: quarters. and up to 1,200 square feet. commonly referred to as a pool house. attached accessory structure. the lot if there are multiple dwellings. enhanced accessory dwelling units. facilities. in an adjacent room of up to 50 square feet. CHAPTER 85 SECONDARY LIVING QUARTERS -5- Ord.373 ARTICLEI I- GENERAL 9.85.010 Purpose. (1) The purpose of this Chapter is to implement the requirements for the (2) In cases of conflict between this Chapter and any other provision of this Title, the provisions oft this Chapter shall prevail. Toi the extent that any provision oft this Chapter is in conflict with State law, the mandatory requirement of State law shall control, but only 9.85.020 Permitted locations/numbers. Secondary living quarters shall be allowed as establishment of secondary living quarters. to the extent legally required. follows: 9.85.150. (1) R-7,500 zone: one ADU; and one JADU subject to the limitations of Section (2) R-20,000 zone: one SRO unit attached to the main dwelling; one ADU or (3) A-1, A-2, A-5 zones: one SRO unit attached to the main dwelling; one ADU; one JADU subject to the limitations of Section 9.85.150; and one single-room occupancy EADU; and one JADU subject to the limitations of Section 9.85.150. development, guest house or bunk house. (4) Notwithstanding the above or any other provision in this Chapter to the (a) NOADU: shall be allowed on any loti int the Very! High Fire Hazard Severity contrary: Zone as shown on the Los Angeles County Fire Department Fire Hazard Severity Zone map. A FZADU may be permitted if the lot is located in the Very High Fire Hazard Severity Zone in accordance with the provisions of this Chapter; on any property that has access only from the following streets: (b) No ADU, FZADU, EADU, or Accessory Living Quarter shall be allowed (i) Furlong Lane - between Deodar Lane and Long Canyon Road; (i) Oak Knoll Lane = east of Bliss Canyon Road; (ii) Woodlyn Lane between Bradbury Hills Road and El Cielo Lane; and (iv) Bradbury Hills Road. 9.85.030 Size Secondary living quarters allowed pursuant to section 9.85.020 shall be limited to the following square foot maximums: -6- Ord.373 Accessory Dwelling Unit (ADU) or Fire Zone ADU (FZADU) or Enhanced Accessory Dwelling Unit (EADU) (per Zone Development Standards) ADU or FZADU- 1,000sf EADU not permitted ADU or FZADU- 1,000sf EADU-1,200 sf ADU or FZADU- 1,000sf Single-room (SRO) unit Single-room Development Junior Accessory Dwelling Unit (JADU) Guest House or Bunk House Zone occupancy occupancy: (SRO) R-7,500 Not permitted Not permitted 500sf Not permitted R-20,000 250sf Not permitted 1 development with up to a maximum of 1,500 SRO units per lot 10 development with up to a maximum of2,000 SRO units per lot 10 development with up to a maximum of2 2,500 SRO units per lot 500sf Not permitted A-1 250sf. 500sf 1,500sf sfwith upt to 3 EADU not permitted ADU or FZADU- 1,000 sf A-2 250sf 500sf 2,000sf sfwith up to 5 EADU not permitted ADU or FZADU- 1,000sf A-5 250sf 500sf. 2,500sf sfwith up to 10 EADU not permitted ARTICLE II - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS 9.85.100 Purpose. -7- Ord. .373 The purpose of this Article is to implement the requirements for the establishment of Accessory Dwelling Units and Junior Accessory Dwelling Units as required by California Government Code Sections 65852.2 and 65852.22. 9.85.110 Applications. (1) Applications for Accessory Dwelling Units (ADUS), Fire Zone Accessory Dwelling Units ( FZADUS) and Junior Accessory Dwelling Units (JADUS) shall be ministerially processed within 60 days of receipt of a complete application and approved ifthey meet the requirements of this Chapter. a. Ifthe application is submitted in conjunction with an application for a new primary single-family unit, the application fort the ADU, FZADU or. JADU shall not be acted upon until the application for the new primary single-family unit is approved, butt thereafter shall be ministerially approved if it meets all requirements within 60 days. b. The City shall grant a delay if requested by the applicant. (2) All applications for ADUS, FZADUS and/or JADUS shall be accompanied by (3) ADUS, FZADUS and JADUS shall be subject to applicable inspections and (4) Applications for FZADUS and EADUS shall be processed in accordance with Article III of this Chapter and subject to the rules and regulations set forth therein. the applicable application fee. permit fees. 9.85.120 Allowed Zones/Density. (1) An ADU or EADU may be constructed in any zone on a lot which contains a legally-existing or proposed primary single-family dwelling unit, provided that no ADUS shall be allowed in the Very High Fire Hazard Severity Zone. However, a FZADU and EADU may be built in the Very High Fire Hazard Severity Zone in compliance with Article III of this Chapter. (2) ADUS of any type 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. Requirements. 9.85.130 Accessory Dwelling Units (ADUS) Development Standards I For purposes of this section, the term "ADU" shall include a "FZADU." (1) Type of building. An attached or detached ADU shall be a permanent structure on a permanent foundation with permanent provisions for living, sleeping, food preparation, sanitation, and bathing. A manufactured home as defined in California Health and Safety Code Section 18007 shall qualify. -8- Ord.373 (2) Height. The height of an attached or detached ADU shall not be any higher than 16 feet. Notwithstanding the previous sentence, the height may exceed 16 feet if the ADU is built in a previously existing permitted space which already exists above a permitted ground floor area or garage. (3) Size. a. Maximum size - the square footage of an ADU shall not exceed that set b. Minimum size = the square footage of an ADU shall not be less than 150 forth in Section 9.85.030. square feet. (4) Application of Underlying Development Standards. a. The development standards of the underlying zone shall apply, except as b. Ifapplication of any development standard of the underlying zone or this may be specified herein. Chapter prevents the construction of an ADU that is no more than 16 feet in height, such development standard shall be waived to the extent needed to allow an 800 square foot ADU. The waiver of standards does not apply to the requirement for minimum four-foot side and rear yard setbacks. (5) Setbacks. a. Attached and detached ADUS shall be located behind the front yard b. The maximum side and rear yard setback requirements for an ADU, setback line of the primary unit. including an ADU added in an already existing and permitted space above a garage or other floor area shall be four feet. This does not prevent the applicant from providing a larger setback. For hillside lots with an average slope of at least 10 percent, the four-foot setbacks shall be measured from the edge of the building pad and the edge of any top or toe of a slope. C. The setback requirements in subsections (5) a. and b. above shall not apply if the ADU is being converted from a legally existing accessory structure, including a garage, or is being constructed in the same location and to the same dimensions as a legally existing accessory structure, including a garage. Code as set forth in Title XVII of the Bradbury Municipal Code. d. ADUS shall be required to comply with the requirements of the Building (6) Parking. a. Parking shall be required at the rate of one space for each ADU. -9- Ord.373 b. Parking spaces for an ADU may be provided through tandem parking on a legally-existing driveway; provided, that such parking does not encroach into the public right-of-way or a private street. C. - Parking spaces for ADUS may be provided in the 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 at the time the ADU is approved. d. When a garage, carport, or covered parking structure is converted into an ADU, ori is demolished to accommodate the construction of an ADU, such parking spaces need not be replaced. e. Tandem parking and parking in setback areas shall not be allowed if the City Manager makes specific findings that such parking is not feasible based upon specific site or regional topographical, or fire and life safety conditions. parking shall be required for the ADU if any of the following conditions apply: f. Notwithstanding any other provision of this subsection (7), no additional 1. The ADU is located within one-half mile walking distance of a public 2. The ADU is located within an architecturally and historically significant 3. The ADU is part of a legally-existing primary unit or a egally-existing 4. When on-street parking permits are required, but not offered to the 5. When there is a car share vehicle located within one block oft the ADU. transit stop; historic district; accessory structure; occupant of the ADU; or (7) Design. a. The ADU shall be of the same architectural style, including roof design, b. Windows, doors, trim, and other architectural embellishments of the ADU C. To the extent feasible, ADU window placements shall be sensitive to d. The ADU shall have a separate entrance from the primary unit. e. The ADU shall not alter the appearance of the primary unit. and color as the primary unit. shall be of a quality that meets or exceeds that of the primary unit. maintaining privacy between other dwelling units on the same lot or adjacent lots. -10- Ord.373 (8) Fire sprinklers shall be required in the ADU if they werelare required in the primary unit at the time of construction. (9) Utilities - connections, fees and capacity charges. a. For an ADU contained within a legally existing primary unit, or a legally existing accessory structure meeting the requirements of Section 9.85.140(1)(a) below, the City shall not require the installation of a new or separate utility connection between the ADU and the utility ori impose a connection fee or capacity charge. Such requirement and charges may be imposed when the ADU is being constructed in conjunction with a proposed new primary unit. b. For all ADUS other than those described in subsection (9)(a) above, the City shall require a new or separate utility connection between the. ADU and the utility and shall charge a connection fee or capacity charge that is proportionate to the burden oft the proposed ADU based on the size or number of drainage fixture unit (DFU) values upon the water or sewer system. (10) Impact Fees. a. No impact fee shall be imposed on any ADU of up to 1,000 square feet in b. Notwithstanding any fee resolution to the contrary, for ADUS larger than size. 1,000 square feet, impact fees shall be charged proportionately in relation to the square footage of the primary unit. C. All applicable public service and recreation impact fees shall be paid prior too occupancy in accordance with Government Code Sections 66000 et seq. and 66012 ets seq. d. For purposes oft this Section, impact fee" shall have the meaning set forth in Government Code section 65852.2(f). 9.85.140 Mandatory Approvals. (1) Notwithstanding any other provision of this Chapter, the City shall ministerially approve an application for any one of the following categories of ADUS and/or JADUS within a residential zone, unless such ADU is in the Very High Fire Hazard Severity Zone. a. An ADU or. JADU within the existing or proposed space of the primary unit 1. An ADU or JADU shall have exterior access separate from the legally or accessory structure, subject to the following requirements: existing or proposed primary unit. -11- Ord. .373 2. An expansion of up to 150 square feet shall be allowed for a legally existing accessory structure that is to be converted to an ADU, solely for the purpose of accommodating separate ingress and egress. 3. The side and rear yard setbacks shall be sufficient for fire and safety. 4. A. JADU shall comply with the requirements of Sections 9.85.150 and b. One detached ADU that will have at least four-foot side and rear yard 9.85.160 below. setbacks on a legally existing lot with a legally existing or proposed primary unit, provided that the ADU shall not be more than 800 square feet and shall not exceed 16 feet in height. The ADU may be combined with a JADU sO long as it complies with all the requirements of Sections 9.85.150 and 9.85.160 below. C. On a lot with a legally existing multifamily dwelling structure, up to 25 percent of the total multifamily dwelling units, but no less than one ADU or JADU, shall be allowed within the portions of the legally existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each dwelling unit complies with State building standards for dwellings. d. Onal lot with a legally existing multifamily dwelling structure, there may be up to two detached ADUS, provided that neither unit is greater than 16 feet in height and that both ADUS have at least four-foot side and rear yard setbacks. not require the correction of legal, nonconforming zoning conditions. (2) For those ADUS and JADUS that require mandatory approval, the City shall (3) Any ADU created under this Section 9.85.140 shall not be rented for a period 9.85.150 Junior Accessory Dwelling Units = Development Standards I of less than 30 days. Requirements. (1) One JADU shall be allowed on single-family residentially zoned lots in conjunction with a legally existing or proposed primary single-family unit. A JADU may be allowed on the same lot as a detached ADU where the detached. ADU is no larger than 800 square feet and no taller than 16 feet. (2) The JADU 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 size of the JADU. (3) The JADU shall be required to have a separate entrance from the primary unit. -12- Ord.373 (4) The JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the primary single-family unit and shall have direct access to the primary unit from the interior of the JADU. (5) Parking. a. No additional parking shall be required for a JADU. b. Ifag garage is converted to develop a JADU, replacement parking shall be (6) AJADU shall be required to comply with applicable Building Code standards. (7) The owner of the property on which a JADU is constructed shall record with the County Recorder of Los Angeles County, a deed restriction which shall run with the land and a copy of the recorded deed restriction shall be filed with the City after required. recordation. The deed restriction shall provide for the following: a. Aprohibition on the sale oft the JADU separate from the sale oft the primary b. Ap prohibition on the JADU being larger than 500 square feet; unit; C. A prohibition on renting either the primary unit or the junior accessory d. A restriction that the owner resides in either the primary unit or the JADU, 1. The owner may rent both the primary unit and the JADU to one party dwelling unit for less than 30 consecutive, calendar days; notwithstanding the following: with a restriction in the lease that such party may not further sublease any unit or portion thereof; and 2. This restriction shall not apply if the owner of the primary single-family 3. A statement that the deed restrictions may be enforced against future unit is a governmental agency, land trust, or housing organization; and purchasers. (8) For the purposes of applying any fire or life protection ordinance or regulation, orp providing service water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. conditions for approval of a JADU. (9) The City shall not require the correction of legal, nonconforming zoning -13- Ord.373 9.85.160 Regulations - Accessory Dwelling Units (ADUs) and Junior Accessory All provisions set forth herein relating to ADUS shall also apply to FZADUS and EADUS. (1) Sales. ADUS and JADUS cannot be sold separately from the primary unit. Dwelling Units (JADUS). (2) Rental. a. Short-term rentals of the ADU and JADU are prohibited. b. The ADU or JADU may be rented separate from the primary unit. (3) owner/Occupancy. a. No ADU approved between January 1, 2020 and January 1, 2025 shall have an owner-occupancy requirement. After January 1, 2025 owner-occupancy shall be required for all new. ADUS, such that the owner of the property shall occupy either the ADU or the primary unit. b. All properties on which a JADU is developed shall have an owner- (4) This Chapter shall in no way validate any existing illegal ADU nor shall it (5) An application to convert an illegal and/or nonconforming ADU and/or JADU to a legal conforming ADU or JADU shall be subject to the same standards and occupancy requirement in accordance with section 9.85.150(d). change a legal nonconforming unit to a conforming unit. requirements as for a newly proposed unit. (6) Guest houses that were previously approved and which have a valid building permit on file shall not be affected by this Chapter. However, an application to convert a guest house to an ADU shall be subject to this Chapter. (7) Revocation. The City Manager shall have the authority to revoke an ADU and/or JADU permit if one or more of the requirements of this Chapter islare no longer met. (8) 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 Code standard relating to an ADU or JADU that provides substantially as follows: You have been issued an order to correct violations or abate nuisances relating to your Accessory Dwelling Unit or Junior Accessory Dwelling Unit. If you 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. If the City determines that enforcement is not required to protect the health and -14- Ord. .373 safety, enforcement shall be delayed for a period of five years from the date of the original notice. This provision shall only apply to ADUS and JADUS built before January 1, 2020. ARTICLE III-A ALTERNATE TYPES OF ACCESSORY DWELLING UNITS 9.85.200 Fire Zone Accessory Dwelling Units. FZADUS shall be processed in accordance with and subject to the provisions of (1) FZADUS shall be required to have minimum side and rear yard setbacks of fifteen feet that shall be maintained in compliance with the Fire Department's fuel modification requirements. For hillside lots with an average slope of at least 10 percent, the fifteen-foot setbacks shall be measured from the edge of the building pad and the Sections 9.85.110-9 9.85.130, and 9.85.160 above with the following exceptions: edge of any top or toe of a slope; and (2) FZADUS shall be required to be equipped with fire sprinklers. 9.85.210 Enhanced Accessory Dwelling Units. (1) EADUS may exceed the maximum permitted size allowed under Article II above, subject to the maximum square footages set forth in Section 9.85.030. (2) Development Standards. a. EADUS shall be required to comply with all the requirements of the b. EADUS shall be required to provide one additional parking space per unit. C. EADUS shall be required to comply withi the procedures set forth in Chapter underlying zoning and all building requirements, including fire sprinklers. 34 of the Development Code for Architectural Review, Significant. ARTICLE IV -A ACCESSORY LIVING QUARTERS 9.85.300 Development standards for accessory living quarters. Accessory living quarters shall be developed in accordance with the following (1) Accessory living quarters shall be allowed in accordance with Sections (2) Accessory living quarters are permitted only on residential lots which are standards: 9.85.020 and 9.85.030 above. developed with a primary single-family unit. -15- Ord.373 (3) Accessory living quarters must comply with the Bradbury Development Code, applicable at the time the plans for Planning Department approval for the accessory living quarters are submitted. (4) All accessory living quarters, whether attached or detached, must conform to all setback, lot coverage, floor area, emergency evacuation capacity, and building bulk requirements of the applicable zone, and if detached, must be at least 20 feet from any other building. (5) The maximum allowed height for a detached accessory living quarter unit or building shall not exceed 28 feet, even when allowed as a second story above an existing primary unit, garage, or accessory structure. (6) No accessory living quarter shall exceed one-floor in height; however, that (7) The owner of the property must occupy either the primary unit or an (8) A minimum of one on-site parking space shall be provided for each accessory living quarter, in addition to the parking requirement for the primary single- family unit. The parking spaces for the accessory living quarters need not be covered, except for multi-family dwellings for which the parking spaces shall be in carports. All parking spaces shall be paved and accessible from a single, common driveway for the primary and accessory living quarter units. Tandem parking is not permitted to meet floor may be a second story. accessory living quarter unit. this off-street parking requirement. to the following individuals: (9) The tenants of a bunk house, SRO, or SRO development shall be limited a. Personnel involved with the care and maintenance of the primary unit; b. Personnel involved with the care and maintenance of the general C. Personnel involved with the care of a resident of the primary unit; d. Personnel involved with the associated on-site agricultural, equestrian, e. In an SRO or SRO development, a family member may also reside in (10) Single room occupancy ("SRO") residential units and developments are premises; farming, or other residential activities. the unit. subject to the following additional requirements: ar maximum floor area of 250 square feet. a. Each SRO unit shall have a minimum floor area of 150 square feet and -16- Ord. .373 b. Each SRO unit shall have a private toilet in an enclosed, adjacent compartment of up to 50 square feet with at a minimum, a door, a sink, and a shower. C. - Each SRO unit shall have a separate closet. d. Kitchens shall not be provided in the individual SRO unit. In the case of a SRO development, common kitchen facilities, dining rooms, and laundry facilities shall be provided. e. Each SRO development shall have a cleaning supply room or utility . No more than two persons shall be allowed to reside in any SRO unit. g. SRO units shall be offered for rent or occupancy in conjunction with closet with a wash tub with hot and cold running water. employment on a monthly basis or longer. 9.85.310 - Accessory living quarters = Neighborhood compatibility review = Standards. All development of accessory living quarters shall be subject to the procedures for neighborhood compatibility review and approval pursuant to Chapter 34 of this title. Ina addition to the standards and determinations required by Chapter 34 of this title, the following findings shall be required for approval of accessory living quarters: (1) The accessory living quarter(s) will be appropriate to the size and character of the lot on which it will be located, and to the character of the neighborhood. (2) The accessory living quarter(s) will not overload the capacity of the neighborhood to absorb the physical and use impacts of the unit(s) in terms of parking, adequacy of water and sewer services, traffic volumes and flows, emergency evacuation capacity, and utilities consumption. (3) The accessory living quarter(s) will not be materially detrimental to the public health, safety, and general welfare, or to the use, enjoyment, or valuation of property of other persons located in the vicinity. 985310-Nenconlomming uses. (1) No nonconforming accessory living quarter(s) may be expanded or remodeled by the addition of any space or addition of plumbing fixtures or cooking facilities unless it is brought into compliance with the provisions set forth in this Code prior to occupancy. (2) Any accessory living quarter legally permitted prior to January 1, 2020 shall be allowed to remain as legal, non-conforming uses. -17- Ord.373 SECTION4. Section 9.103.030 of the Bradbury Development Code is hereby amended to read as follows: Sec. 9.103.030 = Number of parking spaces required. (1) The number of off-street parking spaces required for each primary single- family dwelling unit containing not more than four bedrooms shall be two parking spaces located in a garage. Primary units containing more than four bedrooms, not including a Junior Accessory Dwelling Unit, shall provide one additional off-street parking space in a garage for each increment of two additional bedrooms or rooms used for sleeping purposes. (2) Development projects subject to the hillside development standards shall (3) Parking for secondary dwelling units shall be as specified in Chapter 85 of this Title. Except as specifically allowed in Chapter 85, tandem parking shall be SECTION5. CEQA. This Ordinance is exempt from 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 Sections 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 juniora 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 commonsense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts. Additionally, the sections that were added in Article IV of Chapter 85 are the same sections that were previously in the Code which were removed by the Urgency SECTION6. Effective Date. This Ordinance shall take effect ont the thirty-first date after passage. Upon its effective date, this Ordinance supersedes Urgency Ordinance No. 368 SECTION7. 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 or otherwise invalid, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective oft the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared invalid. SECTION8. 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 require an additional two uncovered off-street parking spaces. prohibited. Ordinance. which will be of no further force or effect. -18- Ord.373 make a minute passage and adoption thereof in the records of the meeting at which time SECTION9. Transmission to HCD. The City Clerk shall send a copy of this Ordinance tot the Department of Housing and Community Development as required by State law. the same is passed and adopted. PASSED, APPROVED AND ADOPTED this day of 2021. Mayor ATTEST: City Clerk -19- Ord. .373 STATE OF CALIFORNIA COUNTY OF LOS ANGELES )s. CITY OF BRADBURY ) , Claudia Saldana, City Clerk of the City of Bradbury, do hereby certify that the foregoing ordinance, being Ordinance No. 373 was duly passed by the City Council oft the City of Bradbury, signed by the Mayor of said City, and attested by the City Clerk, all at a duly posted, and that the same was passed and adopted by the following vote, to wit: regular meeting oft the City Council held on the day of 2021, that it was AYES: NAYS: ABSENT: ABSTAIN: Claudia Saldana City Clerk City of Bradbury -20- Ord. : 373 ATTACHMENT B FEBRUARY 16, 2021 CITY COUNCIL AGENDA REPORT (without attachments) D. Montgomery Lewis, Mayor (District2) Elizabeth Bruny, Mayor Pro-Tem (District5) Richard G. Barakat, Council Member (District: 3) Richard T. Hale, Jr., Council Member (District 1) Bruce Lathrop, Council Member (District4) OF BRADBURY City of Bradbury City Council Agenda Report TO: FROM: Honorable Mayor and Council Members Kevin Kearney, City Manager By: Jim Kasama, City Planner Lisa Kranitz, Assistant City Attorney DATE: February 16, 2021 SUBJECT: INTRODUCTION OF ORDINANCE NO. 373 AN 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 (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO ACCESSORY LIVING QUARTERS (ALQs) AGENDA ITEM NO. SUMMARY During 2019, the State adopted legislation mandating that cities allow Accessory Dwelling Units (ADUS) and Junior Accessory Dwelling Units (JADUS) with minimized setbacks and significant cost-saving provisions, such as not being required to be equipped with fire sprinklers. The State-mandated provisions were to take effect January 1, 2020; however, the City Council adopted Urgency Ordinance No. 368 on December 17, 2019 putting local regulations in place. A draft replacement ordinance was considered by the City Council on June 16, 2020. However, the City Council scheduled a study session to discuss safety concerns, and the draft replacement ordinance has been significantly revised. The revised draft replacement ordinance was re-evaluated by the Planning Commission on January 27, 2021, and the Planning Commission adopted Resolution No. PC: 21-294 (Attachment B)to recommend approval of the revised draft replacement ordinance = Ordinance No. 373 (Attachment A). It is recommended that the City Council conduct a public hearing for Ordinance No. 373, introduce the Ordinance, and schedule the second reading and adoption for the next regular meeting on March 16, 2021. AGENDA ITEM NO. BACKGROUND Inn response to the State legislation that mandates the allowing of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUS) with minimized setback requirements and reduced fire-safety measures, the City Council adopted Urgency Ordinance No. 368 at the December 17, 2019 regular meeting, which immediately put in place local regulations that prohibit ADUS in the Very High Fire Hazard Severity Zone and Hillside areas of the City. State guidance has made it apparent that certain provisions of Ordinance No. 368 will need to be amended. A replacement ordinance was drafted and reviewed by the Planning Commission at the regular meeting on May 27, 2020, and the Planning Commission adopted Resolution No. PC 20-289 to recommend approval of the The replacement ordinance was considered by the City Council at the regular meeting on June 16, 2020. Rather than introduce the ordinance, however, the City Council scheduled as study session to discuss safety concerns. The City Council met in study session on July 13, 2020, August 10, 2020, October 7, 2020, and December 9, 2020, and discussed the draft replacement ordinance and safety issues related to wildfires and evacuations. The City Council reviewed the Los Angeles County Fire Department's Fire Hazard Severity Zone Map for the City of Bradbury (Attachment E) and several reports regarding wildfires, land-use planning, and emergency response. The City Council then directed staff to have af fire expert prepare a report on fire safety issues related to ADUS to see if there should be The City contracted with the Dudek consulting firm to address the City Council's concerns. Two issues that were raised were how minimal setbacks (i.e., four-foot side and rear yards) for ADUS could facilitate the spreading of a wildfire and how very narrow streets (i.e., less than 20 feet of roadway) in certain areas of the City would impinge on evacuations and access by the Fire Department. Dudek's report (Attachment D) was presented to the City Council on December 9, 2020, along with the draft revised replacement ordinance. The City Council concluded the study session and directed staff to proceed with the processing of the revised replacement ordinance - Ordinance No. 373. proposed replacement ordinance. adjustments of the State-mandated ADU provisions. DISCUSSION In addition to Dudek's report, staff reviewed the several reports considered by the City Council, including the State Office of Planning and Research's ("OPR") draft Fire Hazard Planning Technical Advisory, ICMA's "21st Century Fire and Emergency Services" document, and the State Department of Housing and Community Development's Accessory Dwelling Unit Handbook ntp/www.hedcagow. Ol-EAENOOSACR handbook-final. .pdf). Based on the various documents, City staff feels that there is justification to limit the creation of ADUS in the Very High Fire Hazard Severity Zone (VHFHSZ) areas of the City = see Attachment E, and to prohibit all secondary living quarters on certain streets with very narrow widths = see Attachment C. These provisions are included in Ordinance No. 373. However, in order to try and meet the intent of State legislation, Ordinance No. 373 provides that ADUS be ministerially allowed in the VHFHSZ subject to such units having fire sprinklers and setbacks of at least 15 feet, which is the required side and rear yard setbacks in the R-20,000 zone. These types of ADUS are City of Bradbury - City Council - Agenda Report February 2021 16, Page 2of5 Introduction of Ordinance No. 373 referred to in Ordinance No. 373 as Fire Zone ADUS (FZADU). The size of both ADUS and Ordinance No. 373 also establishes a second category of ADUS, entitled Enhanced ADUS (EADUS). EADUS will be allowed in the R-7,500 and R-20,000 zones and may go up to 1,200 square feet. To have an EADU, the applicant would have to comply with all development standards of the underlying zone, including Significant Architectural Review approval by the Planning Commission. EADUS are not allowed in the Agricultural zones as those zones may have a Guest House, Bunk House, or SRO Development of larger sizes. Ordinance No. 373 combines Accessory Dwelling Units (ADUs), Enhanced Accessory Dwelling Units (EADUS), Fire Zone Accessory Dwelling Units (FZADUS), Junior Accessory Dwelling Units (JADUS), and Accessory Living Quarters (ALQs) into one chapter, titled FZADUS are limited to a maximum of 1,000 square feet. Secondary Living Quarters. Relevant definitions are as follows: Accessory dwelling unit ("ADU") means a dwelling unit of up to 1,000 square feet 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 on the same parcel of land as the primary unit. Accessory living quarters ("ALQ") means living quarters in addition to the primary unit on the same parcel of land as the primary unit, and includes the following: (1) Bunk houses; (2) Guest houses; (4) SRO developments. (3) singleroom-occupaney units (SROs); and Enhanced accessory dwelling unit ("EADU") means an ADU over 1,000 Fire Zone accessory dwelling unit ("FZADU") means an ADU in the Very High Fire Hazard Severity Zone which complies with City zoning setback requirements and is equipped with fire sprinklers, the requirement of which would otherwise be Junior accessory dwelling unit ("JADU") means an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. The single-family residence does Secondary living quarters ("SLQ") means accessory living quarters and accessory dwelling units, including junior accessory dwelling units, fire zone accessory dwelling units, and enhanced accessory dwelling units. square feet and up to 1,200 square feet. prohibited by State legislation. not include an attached accessory structure. City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 373 February 16, 2021 Page 3 of5 Secondary Living Quarters are allowed as follows: R-7,500 zone: one. ADU of up to 1,000 sq. ft. or an EADU of up to 1,200 sq. ft; and one JADU of 150 to 500 sq. ft., but ifv with a JADU, the ADU must be detached and is limited R-20,000 zone: one SRO unit of 150 to 250 sq. ft. attached to the main dwelling; one ADU of up to 1,000 sq. ft. or an EADU of up to 1,200 sq. ft; and one JADU of 150t to 500 sq. ft., but if with a JADU, the ADU must be detached and is limited to a maximum of A-1 zone: one SRO unit of 150 to 250 sq. ft. attached to the main dwelling; one ADU of up to 1,000 sq. ft.; one JADU of 150 to 500 sq. ft., but if with a JADU, the. ADU must be detached and is limited to a maximum of 800 sq. ft.; and up to 1,500 sq. ft. for one SRO A-2 zone: one SRO unit of 150 to 250 sq. ft. attached to the main dwelling; one ADU of up to 1,000 sq. ft.; one JADU of 150 to 500 sq. ft., but if with a JADU, the ADU must be detached and is limited to a maximum of 800 sq. ft.; and up to 2,000 sq. ft. for one SRO A-5 zone: one SRO unit of 150 to 250 sq. ft. attached to the main dwelling; one ADU of up to 1,000 sq. ft.; one JADU of 150 to 500 sq. ft., but if with a JADU, the ADU must be detached and is limited to a maximum of 800 sq. ft.; and up 2,500 sq. ft. for one SRO In locations with very narrow street widths = see Attachment C, which do not provide the needed access for fire engines, and could potentially hinder evacuations, no type of Secondary Living Quarter, except a JADU, will be allowed. These locations are the 44 to a maximum of 800 sq. ft. 800 sq. ft. development of up to 3 units or a guest house or a bunk house. development of up to 5 units or a guest house or a bunk house. development of up to 10 units or a guest house or a bunk house. properties that require access from the following streets: (2) Oak Knoll Lane - east of Bliss Canyon Road; (1) Furlong Lane - between Deodar Lane and Long Canyon Road; (3) Woodlyn Lane - between Bradbury Hills Road and El Cielo Lane; and (4) Bradbury Hills Road. FINDINGS Balancing the need for additional housing with the need to provide safety and emergency response measures, the State-mandated provisions for ADUS need to be adjusted for properties in the Very High Fire Hazard Severity Zone = see Attachment E, Secondary Living Quarters shouid be prohibited at properties that can only be accessed from very narrow streets = see Attachment C. The findings in support of these decisions are stated in Section 1 of Ordinance No. 373. ENVIRONMENTAL DOCUMENT Itis recommended that Ordinance No. 373 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h) which provides a City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 373 2021 February Page 16, 4 of5 statutory exemption for the adoption of an ordinance regarding accessory dwelling units per the provisions of Sections 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 in Government Code Section 65852.2, this exemption covers junior accessory dwelling units as well. Regardless of whether the City adopts the 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, the ordinance is categorically exempt under the commonsense exemption of CEQA Guidelines Section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts. Additionally, the Sections that were added in Article IV of Chapter 85 of the ordinance are the same provisions that were previously in the Code but were repealed by the Urgency Ordinance. CITY COUNCIL ALTERNATIVES The City Council is to hold a public hearing and solicit testimony on Ordinance No. 373. Following the testimony, the City Council will have the following choice of actions: Option 1. Conduct and conclude the public hearing and determine that Ordinance No. 373 is to be approved as drafted with an exemption under CEQA, and approve a motion to introduce the ordinance and schedule the second reading and adoption for the next regular Option 2. After conducting the public hearing, if the City Council determines that Ordinance No. 373 should not be introduced as drafted, the Council should state the specific changes that need to be made, and approve a motion to close the public hearing and refer the ordinance back to staff to incorporate the changes. In accordance with the Bradbury Municipal Code, if the changes to the ordinance are significant, the ordinance will be referred back to the Planning Commission for their review and recommendation. meeting on March 16, 2021. RECOMMENDATION Option 1 is recommended; that the City Council approve a motion to close the public hearing, determine that the ordinance is exempt under CEQA, and introduce Ordinance No. 373, and schedule the second reading and adoption for the next regular meeting on March 16, 2021. ATTACHMENTS A- Ordinance No. 373 B-Resolution No. PC21-294 C-N Maps of Very Narrow Streets D- Dudek Memorandum E-F Fire Hazard Severity Zone Map City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 373 February 16, 2021 Page 5 of5 5 D. Montgomery Lewis, Mayor (District2 2) Elizabeth Bruny, Mayor Pro-Tem (District5) Richard G. Barakat, Council Member (District 3) Richard T. Hale, Jr., Council Member (District 1) Bruce Lathrop, Council Member (District4) BEITYOR BRADBURY City of Bradbury City Council Agenda Report TO: FROM: DATE: Honorable Mayor and Council Members Kevin Kearney, City Manager By: Jim Kasama, City Planner March 16, 2021 SUBJECT: INTRODUCTION OF ORDINANCE NO. 374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, AMENDING THE BRADBURY MUNICIPAL CODE TO ADD DEVELOPMENT STANDARDS FOR YARD AREAS ADJACENT TO STREETS AND FOR PARKWAY AREAS AGENDA ITEM NO.2 SUMMARY In continuing to work on updates of the Development Code, the Planning Commission examined potential regulations for landscaping and hardscapes in front and street-side yard areas. The Commission, at its January 27, 2021 meeting adopted Resolution No. PC 21-295 to recommend that the City Council adopt an ordinance to address the improvements of yard areas adjacent to streets. The Council reviewed the draft regulations at its February 16, 2021 meeting and found the proposed regulations acceptable. Staff drafted the attached Ordinance No. 374 for the Council's consideration and introduction. BACKGROUND The Planning Commission began a discussion at the October 28, 2020 meeting on issues related to front yards. This was in response to a project that had been referred to the Commission for guidance due to the lack of regulations for driveways, circular driveways, the maximum amount of hardscape or impervious surfaces, and the types of materials to be allowed; e.g., artificial turf, gravel, and other decorative materials. The Commission directed staff to check the regulations of 12 cities: Arcadia, Azusa, Duarte, Glendora, Hidden Hills, La Verne, Malibu, Monrovia, Rolling Hills Estates, San Dimas, San Marino, and Sierra Madre. The applicable regulations were discussed at the December 2, 2020 meeting along with draft regulations for the City of Bradbury. The Commission held a public AGENDA ITEM NO. 2 hearing and determined that the proposed regulations are acceptable and adopted the attached Resolution No. PC 21-295 to recommend to the City Council the preparation and approval of an ordinance to amend the Development Code to add the proposed regulations. The City Council reviewed the regulations of the twelve cities and the draft regulations for the City of Bradbury at the February 16, 2021 regular meeting. The Council found the draft regulations acceptable provided they are consistent with the City's property maintenance standards. Staff reviewed those standards and incorporate the necessary adjustments into the proposed Ordinance No. 374. DISCUSSION The issues and the proposed regulations, and how they are addressed by Ordinance No. 374 are as follows. New wording is shown in Italics and deletions with double- Landscaping Vs. Hardscape & Use of Artificial Turf = How much of a yard area abutting a right-of-way should be landscaping and how much should be hardscape (i.e., driveway, walkways, and areas not planted with vegetation such as stones, boulders, and gravel)? Should artificial turf be allowed in front yards, stkethreughs. and ifso, how much? R-7,500 - Maximum 40% hardscape which includes artificial turf R-20,000 = Maximum 35% hardscape which includes artificial turf A-1 - Maximum 30% hardscape which includes artificial turf A-2-1 Maximum of 25% hardscape which includes artificial turf A-5 - Maximum of 15% hardscape which includes artificial turf All zones - Artificial turf is not to be allowed in parkways along public streets Ordinance No. 374 adds a definition for "hardscape" to Chapter 25 (Definitions) and adds the hardscape and artificial turf limits by adding new subsections (8) and (9) to the Hardscape means paving, gravel, rocks, boulders, decomposed granite and other compacted soils, artificial turf, and other materials made from non-living matter. Development Standards for each zone as follows: R-7,500 (8) Improvement of yards abutting rights-of-way. (a) Hardscape shall not exceed 40 percent of the yard areas abutingnghts-oway. (b) Artificial turfi is not allowed in the yard areas abutting rights-of-way. (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets. City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 374 March 16, 2021 Page 20 of7 R-20,000 (8) Improvement of yards abutting rights-of-way. (a) Hardscape shall not exceed 35 percent of the yard areas abutting rights-of-way. (b) Artificial turfi is not allowed within 20 feet ofa an abutting right-of-way. (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets. A-1 (8) Improvement of yards abutting rights-of-way. (a) Hardscape shall not exceed. 30 percent of the yard areas abutting rights-of-way. (b) Artificial turf is not allowed within 20 feet of an abutting right-of-way." (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets. A-2 (8) Improvement of yards abutting rights-of-way. (a) Hardscape shall not exceed 25 percent of the yard areas abutting rights-of-way. (b) Artificial turfi is not allowed within 20 feet of an abutting right-of-way." (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets. A-5 (8) Improvement of yards abutting rights-of-way. Hardscape shall not exceed 15 (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along percent of the yard areas abutting rights-of-way." public streets. City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 374 March 16, 2021 Page 3 of7 Should there be maximum widths for driveways at the street and on site? Should there be only one driveway access per property? And, what are the circumstances for which an additional and/or circular driveway is to be allowed? R-7,500 = Maximum driveway width of 20 feet for both on-site and within the right- R-20,000 - Maximum driveway widths of 30 feet on-site and 20 feet within the right- of-way. Additional and circular driveways may be allowed with a minimum lot width/length of 100 feet at a right-of-way and subject to design review approval by A-1 - Maximum driveway widths of 30 feet on-site and 25 feet within the right-of- way. Additional and circular driveways may be allowed with a minimum lot width/length of 100 feet at a right-of-way and subject to design review approval by A-2 - Maximum driveway widths of 30 feet on-site and 25 feet within the right-of- way. Additional and circular driveways may be allowed with a minimum lot width/ength of 100 feet at a right-of-way and subject to design review approval by A-5 - Maximum driveway widths of 30 feet on-site and 25 feet within the right-of- Ordinance No. 374 adds maximum widths for driveways by amending the Access provisions of Chapter 103 (Off-Street Parking Standards) to be applicable for all dwelling units, and adding provisions for maximum widths and numbers of driveways: (2) Access. The minimum width of access driveways for each-single-amily a lot with only one dwelling WAIcA-eads-te-reg-di-siestparking-aeiies shall be 15 feet. The minimum width of driveways that provide access to two or more single- familydwelling units shall be 20 feet. The maximum slope of a private driveway shall not exceed 15 percent-A46H9maH-cnseybe-pewang Commissien-se-as-eensure-adequale-aeeesstoieremergergeneyvehieles: () In the R-7,500 zone, the maximum width of access driveways on-site shall be 20 feet, and the maximum width of the flat portion of access driveways (ii) In the R-20,000 zone, the maximum width of access driveways on site shall be 30 feet, and the maximum width of the flat portion of access (ii) In the A-1, A-2, and A-5 zones, the maximum width of access driveways on site shall be 30 feet, and the maximum width of the flat portion of of-way. Additional and circular driveways are not to be allowed. the Planning Commission. the Planning Commission. the Planning Commission. way. Circular driveways are not to be allowed in a required yard. (a) Maximum widths. within a right-of-way shall be 20 feet. driveways within a right-of-way shall be 20 feet. access driveways within a right-of-way shall be 25 feet. (b) Number ofc driveways and circular driveways. () In the R-7,500 zone, there shall be only one driveway and circular driveways are prohibited. City of Bradbury = City Council - Agenda Report Introduction of Ordinance No. 374 March 16, 2021 Page 4 of7 (ii) In the R-20,000, A-1, and A-2 zones, there shall only be one driveway and circular driveways are prohibited, unless the lot has a right-of-way frontage of at least 100 feet; then along this frontage, there may be two driveways that may be connected by a circular driveway. The locations of a two- driveway design and the design of a circular driveway are subject to (ii) In the. A-5 zone, there shall not be more than two driveways along a right- of-way frontage, and a circular driveway connection shall not be within a (c) Greater widths and additional requirements may be imposed by the Planning Commission to ensure adequate access to the site for emergency vehicles and design review approval by the Planning Commission. required yard. evacuations. Should contemporary materials and methods such as stamping, scoring, pavers, colored concrete, decomposed granite, and grass-crete be allowed as decorative Contemporary decorative materials and methods are to be allowed for walkways and driveway accenting because these materials are more natural in appearance, but the materials and methods are to be consistent with the architectural style of the house. This issue is to be addressed by adding the applicable materials to the City's Design Guidelines, which are to be amended by City Council Resolution and referenced in the design review provisions of the Development Code. A draft resolution and ordinance to amend the Design Guidelines and design review provisions will be During the review of the proposed regulations at the February 16, 2021 meeting, it was mentioned that the new regulations will be consistent with the City's Inc order for the ground covering requirements of the property maintenance standards to be consistent with the new yard improvement regulations, Ordinance No. 374 amends subsections 9.109.030.(21) and 9.109.035 of Chapter 109 (Property Maintenance Sec. 9.109.030. - Property maintenance standards; public nuisance declared. Itis hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such manner that any of the following conditions are found to exist thereon: (21) Lack of ground covering. Maintenance of designated areas lacking one or more of the following ground coverings: properly maintained vegetative growth, egeratiwerock,eaiiehardscape, or fire-resistant bark or wood mulch; (a) Designated areas as used in this chapter shall mean and refer to areas features for driveways, and as materials for walkways? presented for review to the Planning Commission and City Council. property maintenance standards. Standards) as follows: See-9.409.035.--Greundever-definitions: visible from a public or private street that are: Within-ten-festoa-budingeorresideneeer City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 374 March 16, 2021 Page 5 of7 (2) Are-Larger than 22536 square feet; andor (3i) With nea linear dimension lessgreater than six feet. (b) The ground covering requirement in Section 9.109.030.(21) does not apply (1) Driveways, walkways, ADA access paths of travel, and architectural (2) Areas shaded by native oak or pine trees or naturally covered by (3) Equestrian training and stabling areas regularly used for that purpose; to the following areas: accessories; mulch from such trees; (4) Terrain with hillside slopes in excess of 25 percent; (6) Gardens in between regular plantings. (5) Orchards; (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 in meeting the requirement of this chapter. FINDINGS The amendments to be made by Ordinance No. 374 are consistent with the City's General Plan and further the goals, policies, and programs oft the Land Use Element oft the General Plan. ENVIRONMENTAL DOCUMENT Itisr recommended that the proposed Ordinance No. 374 is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) which provides the commonsense rule that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts. The proposed regulations reduce the need for landscape irrigation and promote permeation of stormwaters, and will not cause environmental impacts. CITY COUNCIL ALTERNATIVES The City Council is to hold a public hearing and solicit testimony on Ordinance No. 374. Following the testimony, the City Council will have the following choice of actions: Option 1. Conclude the public hearing and determine that Ordinance No. 374 is to be approved with an exemption under CEQA, and approve a motion to introduce the ordinance and schedule the second reading and adoption for the next regular meeting on Option 2. If the City Council determines that Ordinance No. 374 needs minor changes and should not be introduced as drafted, the Council should state the specific changes that need to be made and approve a motion to continue the public hearing to the next regular April 20, 2021. meeting on April 20, 2021. City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 374 March 16, 2021 Page6of7 Option 3. If the City Council determines that Ordinance No. 374 needs significant changes, the Council should conclude the public hearing and refer the Ordinance back to staff to incorporate the changes. In accordance with the Bradbury Municipal Code, the changes to the ordinance are to be referred back to the Planning Commission for their review and recommendation. RECOMMENDATION Option 1 is recommended; that the City Council approve a motion to close the public hearing, determine that the Ordinance is exempt under CEQA, and introduce Ordinance No. 374, and schedule the second reading and adoption for the next regular meeting on April 20, 2021. ATTACHMENT Ordinance No. 374 City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 374 March 16, 2021 Page7of7 This page intentionally blank a ATTACHMENT ORDINANCE NO.3 374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, AMENDING THE DEVELOPMENT STANDARDS FOR YARD AREAS ADJACENT TO STREETS AND FOR PARKWAY AREAS BRADBURY MUNICIPAL CODE TO ADD This page intentionally blank a ORDINANCE NO.3 374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, AMENDING THE BRADBURY MUNICIPAL CODE TO ADD DEVELOPMENT STANDARDS FOR YARD AREAS ADJACENTTO STREETS AND FOR PARKWAY AREAS WHEREAS, the changes adopted herein are consistent with the City's General Plan and further the goals, policies, and programs ofi the Land Use Element oft the General Plan. WHEREAS, the Planning Commission conducted a duly noticed public hearing to consider the changes adopted herein, and at its regular meeting of January 27, 2021, adopted Resolution No. PC 21-295 to recommend to the City Council approval of this ordinance with an exemption under the California Environmental Quality Act (CEQA). THEREFORE, THE CITY COUNCIL OF THE CITY OF BRADBURY DOES Section1. Section 9.25.020 of the Bradbury Development Code relating to Definitions is hereby amended by adding the following definition to read as follows: Hardscape means paving, gravel, rocks, boulders, decomposed granite and other compacted soils, artificial turf, and other materials made from non-living matter." Section 2. Section 9.61.040 of Chapter 61 of Part V of Title IX of the Bradbury ORDAIN AS FOLLOWS: Municipal Code is hereby amended to add the following: "(8) Improvement of yards abutting rights-of-way. (a) Hardscape shall not exceed 40 percent oft the yard areas abutting rights-of-way. (b) Artificial turf is not allowed in the yard areas abutting rights-of-way. (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets." Section 3. Section 9.64.040 of Chapter 64 of Part V of Title IX of the Bradbury Municipal Code is hereby amended to add the following: "(8) Improvement of yards abutting rights-of-way. (a) Hardscape shall not exceed 35 percent oft the yard areas abutting rights-of-way. (b) Artificial turf is not allowed within 20 feet of an abutting right-of-way. (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets." Section4 4. Section 9.67.040 of Chapter 67 of Part V of Title IX of the Bradbury Municipal Code is hereby amended to add the following: "(8) Improvement of yards abutting rights-of-way. (a) Hardscape shall not exceed 30 percent of the yard areas abutting rights-of-way. (b) Artificial turf is not allowed within 20 feet of an abutting right-of-way. (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets." Section 5. Section 9.70.040 of Chapter 70 of Part V of Title IX of the Bradbury Municipal Code is hereby amended to add the following: "(8) Improvement of yards abutting rights-of-way. (a) Hardscape shall not exceed 25 percent oft the yard areas abutting rights-of-way. (b) Artificial turf is not allowed within 20 feet of an abutting right-of-way. (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets." Section 6. Section 9.73.040 of Chapter 73 of Part V of Title IX of the Bradbury "(8) Improvement of yards abutting rights-of-way. Hardscape shall not exceed 15 (9) Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials and in a manner approved by the City Engineer, or landscaped with materials and in manner approved by the City Municipal Code is hereby amended to add the following: percent of the yard areas abutting rights-of-way. -2- Ord. No. 374 Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance. Artificial turf is not allowed in parkways or the areas between roadways and the curb along public streets." Section7. Section 9.103.060.(2) of Chapter 103 of Part VI of Title IX of the "(2) Access. The minimum width of access driveways for a lot with only one dwelling shall be 15 feet. The minimum width of driveways that provide access to two or more dwelling units shall be 20 feet. The maximum slope of a private driveway shall not exceed Bradbury Municipal Code is hereby amended to read as follows: 15 percent. (a) Maximum widths. () In the R-7,500 zone, the maximum width of access driveways on-site shall be 20 feet, and the maximum width of the flat portion of access driveways within a right-of-way shall be 20 feet. (i) In the R-20,000 zone, the maximum width of access driveways on site shall be 30 feet, and the maximum width of the flat portion of access driveways within a right-of-way shall be 20 feet. (ii) In the A-1,A-2, and A-5 zones, the maximum width of access driveways on site shall be 30 feet, and the maximum width of the flat portion of access driveways within a right-of-way shall be 25 feet. (b) Number of driveways and circular driveways. () In the R-7,500 zone, there shall be only one driveway and circular (i) In the R-20,000, A-1, and A-2 zones, there shall only be one driveway driveways are prohibited. and circular driveways are prohibited, unless the lot has a right-of-way frontage of at least 100 feet; then along this frontage, there may be two driveways that may be connected by a circular driveway. The locations of a two-driveway design and the design of a circular driveway are subject to design review approval by the Planning Commission. (i) In the A-5zone, there shall not be more than two driveways along a right- of-way frontage, and a circular driveway connection shall not be within a required yard. (c) Greater widths and additional requirements may be imposed by the Planning Commission to ensure adequate access to the site for emergency vehicles and evacuations." Section 8. Section 9.109.030.(21) of Chapter 109 of Part VI of Title IX of the Bradbury Municipal Code is hereby amended to read as follows: -3- Ord. No. 374 "(21) Lack of ground covering. Maintenance of designated areas lacking one or more of the following ground coverings: properly maintained vegetative growth, hardscape, or fire-resistant bark or wood mulch. (a) Designated areas as used in this Chapter shall mean and refer to areas visible from a public or private street that are: () Larger than 36 square feet; or () With a linear dimension greater than six feet. (b) The ground covering requirement in Section 9.109.030.(21) does not apply () Driveways, walkways, ADA access paths oftravel, and architectural accessories; (i) Areassnadedbynaivecakorpnetreesornaturalycoveredbymuchtrromsuchtrees: (i) Equestrian training and stabling areas regularly used for that purpose; to the following areas: (iv) Terrain with hillside slopes greater than 25 percent; (v) Orchards; and (vi) Gardens in between regular plantings. (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 in meeting the requirements oft this Chapter." Section 9. CEQA. The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.), pursuant to Section 15061(b)(3) of the CEQA Guidelines under the commonsense rule that CEQA does not apply to activities which can be seen with certainty to have no effect on the environment. Section 10. Severability; Continuation of Provisions. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability oft the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases oft this Ordinance. The City Council ofthe City of Bradbury hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. To the extent the provisions of the Bradbury Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this -4- Ord. No. 374 Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments. Section 11. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED this day of 2021. Mayor ATTEST: Claudia Saldana City Clerk Ord. No. 374 STATE OF CALIFORNIA COUNTY OF LOS ANGELES )S S. CITY OF BRADBURY ) ,Claudia Saldana, City Clerk of the City of Bradbury, do hereby certify that the foregoing ordinance, being Ordinance No. 374 was duly passed by the City Council oft the City of Bradbury, signed by the Mayor of said City, and attested by the City Clerk, all at a duly posted, and that the same was passed and adopted by the following vote, to wit: regular meeting of the City Council held on the day of 2021, that it was AYES: NAYS: ABSENT: ABSTAIN: Claudia Saldana City Clerk City of Bradbury 5- Ord. No. 374 Monte Lewis, Mayor (District 2) Elizabeth Bruny, Mayor Pro-Tem (District. 5) RichardHale, Council Member (District 1) RichardBarakat, Councils Member (District 3) Bruce Lathrop, Council Member District 4) BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Kevin Kearney, City Manager March 16, 2021 RECYCLING PRESENTATION BY BURRTEC ON SB 1383: ORGANIC WASTE SUMMARY In September 2016, Governor Brown signed into law SB 1383, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy. The new law codifies the California Air Resources Board's Short-Lived Climate Pollutant Strategies, established pursuant to SB 605, to achieve reductions in the statewide emissions of short-lived As it pertains to waste management, SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020, and a 75 percent reduction by 2025. The law provides CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets, and establishes an additional target that not less than 20 percent of edible food that is Changes sparked by SB 1383 will affect all cities in the State of California - including Bradbury. Burrtec will be making a presentation on some of the changes imposed by SB 1383 and the expected implementation of the City's organic waste recycling program. Such program is expected to take effect on January 1, 2022. climate pollutants. currently disposed of is recovered for human consumption by 2025. FOR CITY COUNCIL AGENDA 3-16 AGENDA ITEM # 3 Monte. Lewis, Mayor (District 2) Elzabeth Bruny, Mayor Pro-Tem (District. 5) RichardHale, Council Member (District 1) Richard Barakat, Council Member (District. 3) Bruce Lathrop, Councif9Member (District 4) BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Kevin Kearney, City Manager March 16, 2021 ADMINISTRATIVE POLICY NO. 21-01: DISCUSSION ON A PROPOSED NEPOTISM POLICY ATTACHMENTS: 1. Administrative Policy No. 21-01 2. Institute for Local Government: Hiring - When a Relative Wants aJob SUMMARY Administrative Policy No. 21-01 establishes guidelines concerning the employment of relatives in the workplace and to specify and define terms for uniform use and Itis recommended that the City Council adopt Administrative Policy No. 21-01 which establishes a policy and procedure dealing with employment of relatives. interpretation. ANALYSIS State law does not specifically address the issue of nepotism in local agency hiring decisions. The California Department of Fair Employment and Housing Act does, however, prohibit discrimination in employment decisions based on marital status. An anti-nepotism policy that forbids the hiring of spouses couid arguably constitute For this reason, Administrative Policy No. 21-01 refers to "supervision, safety, security, and morale" concerns as motivation. Including findings indicating that the policy is motivated by business necessity concerns related to supervision, safety, security, morale and the public's trust in the agency's merit-based employment system could be useful as "business necessity" is one of the factors courts look at in reviewing claims of discrimination based on marital status. FOR CITY COUNCIL AGENDA 3-16 AGENDA ITEM # Discussion on a Proposed Nepotism Policy Page 2 of2 discrimination under civil rights laws in general. More information on nepotism and the law can be found in Attachment #2 - the Institute for Local Government's document on ar nepotism policy. FINANCIAL REVIEW There is no significant financial cost associated with. Administrative Policy No. 21-01. STAFF RECOMMENDATION Itis recommended that the City Council adopt Administrative Policy No. 21-01 which establishes a policy and procedure dealing with employment of relatives. ATTACHMENT #1 JLY 26. Administrative Policy Manual Policy No: 21-01 Date: March 16, 2021 BRADBURY Approved: SUBJECT: EMPLOYMENT OF RELATIVES (NEPOTISM) PURPOSE: To prevent potential for adversely impacting the safety, security, morale or efficiency of supervision of other employees, or in which there may be a potential conflict of interest GENERAL POLICY: The purpose of this policy is to provide guidelines concerning the employment of relatives in the workplace and to specify and define terms for uniform use and interpretation. DEFINITIONS: 1. Relatives: For the purpose of this policy, a "relative" shall be defined by blood or marriage or registered domestic partnership to include the following: a. Spouse b. Registered Domestic Partner Chidren'slep-Chidren d. Daugnter/son-n-Law e. ParentsSlep-Parents Sister/Brother g. Sister/Brother-n-aw h. Father/Mother-n-aw Grandchildren Grandparents 2. Marital Status: 3. Spouse: Defined as an individual's state of marriage, non-marriage, divorce or dissolution, separation widowhood, annulment, or other marital state for the purpose of this policy. Defined as a parner-in-marriage as defined in California Family Code $300. 4. Registered Domestic Partner: Two individuals who are registered as domestic partners with a local domestic partner registry as defined in California Family Code $297. 5. Direct Supervision: Defined as when one official or employee is responsible for the day-to-day supervision and direction of another official or employee. The direct supervisor is the person who assigns, prioritizes, and evaluates the oficialemployeesi work. 6. Indirect Supervision: Defined as when a relative is hired, promoted, or transferred into a chain of command of another relative, and one of the individuals has management or supervisory responsibilities in which both would work even if the relative would not directly supervisor or interact with the other official/employee. PROVISIONS: A. Iti is the policy of the City of Bradbury that relatives of City employees and officials shall not be hired, promoted, or transferred into positions in which one relative may supervise, directly or indirectly, any other relative, or work in a capacity which would allow an employee to evaluate or control the individual terms, conditions, or performance circumstances of employment of a relative. This prohibition shall apply to all full and part-time regular employees, appointed officials, elected officials, all temporary employees, and alli individuals working for the City through a temporary services agency. B. Relatives of the City Manager, members of the City Council, any appointed or elected City official and members of any City Commission and Committee shall not be employed in any position in which the employment of such relative has the potential for adversely impacting the safety, security, morale, efficiency or function of other employees, or in which there may be created an actual or potential conflict of interest, or the appearance C. The City recognizes that prior to adoption of this Policy, there may be situations where relatives have already started employment with the City. In such cases, the City Manager shall be responsible for ensuring that work assignments are made to avoid conflicts of interest or violation of this policy. Ifno conflict of interest exists because the employees have no direct supervisory relationship or evaluative control over one D.N No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment based on marital status or relationship to another ofaconflict ofi interest. another, no action may be necessary. City official or employee. OPERATIONAL PROCEDURE: A. Every employee is responsible for immediately notifying the City Manager of an impending or existing relationship covered under this policy with another employee, or official of the City. Failure to promptly notify the City Manager of an impending or existing relationship as defined under this policy may be grounds for disciplinary action B. The City Manager shall determine whether, based upon relationshp/martal status existing prior to the adoption of the policy or which is created after adoption of this ord disqualification from employment or promotion. City ofE Bradbury, Administrative Policy 21.01 (March 16, 2021) Page 2of3 policy, that elationship/martal status involves potential conflicts ofi interests or otherwise violates the provisions of this Policy. Should the City Manager determine that the relationship does not have the potential for creating conflicts of interest or violations, the C.Ifthe relationship is determined to fall within one or more of the prohibited conditions described in this policy, the City Manager, in consultation with the affected employees, and the City Attorney as necessary, will attempt to resolve the issue to correct the D. Ifthe conflict or issue cannot be accommodated through transfer or re-assignment, or if the affected employee refuses the assigned resolution, the employee may be dismissed or may resign for that/those reason(s), and should be notified in writing of the same by employee may continue his/her employment status quo. conflict or issue identified. the City Manager. City of Bradbury, Administrative Policy 21.01 (March 16, 2021) Page 3of3 ATTACHMENT #2 INSTITUTE FOR LOCAL GOVERNMENT G FOUNDED1955 PUBLIC: SERVICE ETHICS Everyday Ethics for Local Officials Hiring: When a Relative Wants a Job April 2003 QUESTION Iami recently elected. We have a vacancy in our. Parks and. Recreation Department that my nephew would be a perfect match) for. He has a degree in Recreation and Leisure Studies from our local Cal. State University and has worked for the agency during his summer breaks. Moreover, Iran on aj platform ofi improving our afterschool programs for at-risk youth and Iknow my nephew would be ofgreat assistance to me in making The. staff is concerned about hiring my nephew because of charges of nepotism. Ithink that it would unfairly discriminate against my nephew to disqualify himj from competing for the position simply because his uncle is on the governing body. What are your views? good on my campaign promises to the community. ANSWER As with many ethical dilemmas, this is a situation in which there are competing values. One set of values involves attracting competent, enthusiastic and loyal employees to help the agency serve the community - locating and hiring competent staffis al key responsibility for public agencies. Of course, most people also feel a special loyalty that The other set ofvalues involves avoiding the appearance of preferential treatment, improper influence, bias and favoritism - all of which relate to the public'ssense oft the also causes them to want to help family members. fairness oft the agency's recruitment and selection process. The Pluses and Minuses of Nepotism According to the Wharton School of Business at the University of Pennsylvania, the positive aspects ofhiring relatives in the private sector can include: lower recruiting costs, less employee turnover, higher levels ofl loyalty, trust and satisfaction, and finally, al heightened sense of commitment to or "ownership" oft the job. The negative aspects can include employee morale issues associated with the perception (or reality) of favoritism, difficulties associated with discipline by immediate supervisors, and an increased potential for collusive behavior. 1400KStreet, Suite 205 - Sacramento, CA95814 . 916.658.8208 - F916.444.7535 - www.ca-ilg.org Everyday Ethics forl Local Officials Hiring: When al Relative Wants a. Job April 2003 In thej public sector, nepotism is generally disfavored. Part oft this is history, which is quite interesting. Back in the early 19th century, it was customary for job seekers with the federal government to make a campaign contribution to someone running for office. If the person won, the job was considered a reward for political support. The practice of giving. jobs in return for political support was known as the "spoils system," from a speech by a senator in which he defended political patronage systems and declared "to This system diminished thej public's confidence in government, because positions were not being filled on the basis of who was the most qualified toj perform the public'swork. The system bred corruption and inefficiency, which led to ai number ofs scandals that further eroded public support for government. The public's desire for ai merit-based system was then increased in the 1880's, when then-President Garfield was assassinated bya disappointed government-job seeker. Reforms (which included anti-nepotism provisions in addition to instituting a merit-based system) occurred at the federal level, as The underlying principle oft these laws is that public employment decisions should be based solely on merit -1 the education, experience and skills an individual can bring to the position in question. Such decisions are all about finding the very best-qualified Hiring relatives is considered analogous to hiring individuals based on personal or political relationships, since the predominant factor appears to be the personal tie. Moreover, it can be inherently difficult (or perceived to be so) to evaluate objectively the competing qualifications ofa a stranger against those ofai relative. More challenges can ensue once a relative is hired. There can be a perception (or possibly areality) that a family member of an elected official is not subject to the same standards, possibly out of concerns that the elected official will take a dim view ofany criticism of his or her family member. This can create morale problems for other employees. These dynamics can diminish the overall effectiveness of the organization. the victor belong the spoils." well as state and local levels. individual to serve the public. WhattoDo? First, Consult the Agency's Policies The first thing you may want to doi is to check to see ifyour agency has an antinepotism policy. The policy against nepotism is sufficiently strong in some agencies, for example, the City of Riverside, that it is expressed ini its city charter. Other agencies have such policies expressed in their municipal codes, resolutions or memoranda of understanding with bargaining groups. Institutef for Local Government Everyday Ethics forl Local Officials Hiring: WhenaR Relative Wantsa. Job April 2003 Ifyour nephew's employment by the agency is barred by some form of agency policy, your inquiry is over. Your obligation as an elected official is to uphold the laws. As Cecil B. DeMille said "Iti is impossible for us to break the law. We can only break ourselves upon the law." The agency cannot hire your nephew unless you choose to resign your (You may feel the policy is unfair and should be changed, but the worst thing you could do in terms oft the public's perception of your ethics and credibility is attempt to modify the agency's standards in a way that would benefit your family members. Make that pitch, if you feel sO inclined, when you do not have aj personal stake in the outcome.) Ifthere is no anti-nepotism policy that governs the situation, you will still want to consult with your agency attorney about whether any oft the various conflict ofinterest or self- dealing laws would create issues for you or the agency in the event your nephew (or other seat on the governing body. family member) became an employee. Nepotism and the Law State law does not specifically address the issue of nepotism in local agency hiring decisions. The California Department ofl Fair Employment and Housing Act does, however, prohibit discrimination in employment decisions based on marital status.' An anti-nepotism policy that forbids the hiring ofs spouses could arguably constitute Recognizing this (and, implicitly, the benefits ofanti-nepotism policies), the act allows employers to reasonably regulate, for reasons of "supervision, safety, security, or morale" spouses working in the same department, division or facility. Such regulations must be consistent with rules adopted by the Fair Employment and Housing Commission. For this reason, many local anti-nepotism policies refer to "supervision, safety, security, and morale" concerns as motivations. It can also be useful to include findings indicating that such policies are motivated by business necessity concerns relating to supervision, safety, security, morale and the public'st trust in the agency'sn merit-based employment system. "Business necessity" is one oft the factors courts look ati in reviewing claims of Under the Commission* 's regulations, local policies may prevent one spouse from directly supervising one another. Policies preventing spouses from working in the same department are permissible ift the work involves potential conflicts ofinterest or other hazards that are greater for married couples than for other persons. Moreover, ifc cO- employees marry, the employer is required to make reasonable efforts to assign job duties sO as to minimize problems of supervision, safety, security, or morale. Note that the state anti-discrimination laws only refer to discrimination based on marital status - not family status in general (except for the housing antidiscrimination laws). discrimination based on marital status. discrimination under civil rights laws in general. Institute forl Local Government Everyday Ethics for Local Officials Hiring:When: al Relative' Wantsa Job Then, Consult Ethical Principles April 2003 Ifthere is no agency policy relating to nepotism or other legal bar, your inquiry is not over. Just because something is legal, does not mean iti is ethical. Some soul-searching is in order. Here are some questions to ask yourself: Given the size ofs your agency and the supervisorial relationships, isi it possible for the individual responsible for evaluating the competing candidates for the position int the Parks and Recreation Department to make a selection solely based on the merits of each candidate's qualifications, irrespective oft the family relationship? Will the hiring supervisor feel your views ofhim or her will be affected by the decision to hire (or not): your nephew? (Perhaps a better way of asking this question is how would you feel ifyou were in the hiring supervisor's position? Would you: fear your own continued employment or advancement could be affected by the decision to hire one ofyour elected official'sre relatives?) Will the hiring supervisor feel comfortable candidly evaluating your nephew's Will the fact that your nephew has a special relationship with you affect how he performs his duties (will he, for example, be more inclined to spend time on duties that he knows are important to you)? This is where the fact you feel your nephew may be able tol help you in making good on your campaign promises is a minus his job as an agency employee is to implement the agency's policies as a Will your nephew'sc colleagues feel that he got the position because ofs you and how will that affect his relationships with them and his overall career Could you be objective in your analysis oft the budget proposals for the Parks and Recreation Department, knowing that your nephew's compensation, advancement opportunities or even continued employment, might be affected by How would you feel ift the fact that the agency hired your nephew were reported in a critical fashion in the local newspaper? How would your nephew and other agency staff members feel about such coverage? Would it put everyone ina Most importantly, what will the community think about the agency's! hiring practices and your personal ethics ifit becomes known that the agency hired performance? whole - not the policy goals of one elected official. advancement potential in the field? those decisions? bad light? your nephew? Institute for Local Government Everyday Ethics for Local Officials Hiring: When a Relative' Wantsa a. Job April 2003 Are You Heeding Your Advisor's Advice? Reading between the lines, it appears as ifyour agency's management is counseling against the hiring ofy your nephew, to avoid even the appearance of favoritism. It may well be that the manager has run through the above series of questions and has determined that the risks to the agency in terms ofr morale and adverse public reaction outweigh the benefits ofhaving your nephew - with all ofhis talents and qualifications- Moreover, management staffi is likely tol know that aj person with your nephew's qualifications is likely to be able to find equally meaningful employment with another agency - without the taint ofH having the basis forl his hiring under question. Because itis easier for stafft to be objective in analyzing the questions suggested above, you would work for your agency. likely be wise to heed his or her counsel ini this situation. The Relationship Between Elected Officials and Staff The elected official sits as one oft the agency's governing board that sets policy for the agency and gives direction to the agency. manager. This includes policies and programs contemplated in the agency's budget. The manager'sjob: ist then to implement the board's] policies and priorities by giving direction to: staff. To begin the process ofmaking good on campaign promises relating to after-school programs for at-risk youth, an elected official should speak to the agency's top administrative official about the agency's existing programs and the options the agency might explore. At some point, the administration may schedule the topic for board discussion, sO the board as a group can evaluate the agency's efforts in this area and their colleague's s proposals that the agency expand or redirect its efforts. Generally speaking, iti is improper for an individual elected official to give direction to staff, particularly staff subordinate to the agency manager. There is an ethical dimension to this issue, because staff isi in an inherently difficult position. Their. jobs require that they follow the administrative official's direction based on the collective decisions made by the board, yet they may also feel pressured to do what an elected official directs them to do out ofi fears that there will be adverse consequences to them if they do not. Taking advantage oft this power disparity under such circumstances is unethical. It can also be unlawful in those cities that have adopted a council-manager form of government." Institute for Local Government Everyday Ethics for Local Officials Hiring:V When aF Relative Wantsa a Job April 2003 Even ift the policy goals of an individual elected official are worthwhile (for example, after school programs for at-risk youth), the ends do not justify the means. In democratic government, the means are the ends. This is because the legitimacy oft the ends depends on working through the proper processes to make sure a program reflects the collective input of the board and the community. Once that process has occurred and the policy has been approved by a majority or more oft the board, it can be properly implemented by staff. Ethics is Not Easy Does this mean that the agency loses out on a great employee? Probably. This is a classic "personal cost" ethical dilemma - an example of when doing the right thing comes at a Moreover, there isa a short-term versus long-term aspect to this dilemma. While the agency and the community may forego the benefit ofyour nephew's service ini the short- personal cost to you and your nephew. term, in the long-term the community will know that you and the agency are both sO committed to the principle of merit-based hiring that the agency will go to lengths to avoid even the appearance of favoritism. This will enhance the public'st trust and confidence in all decisions the agency makes - and you as a leader. Ist this unfair to you and your nephew? Probably. However, this is what the concept ofintegrity is all about = doing the right thing even when there is aj personal cost. Moreover, this situation gives you the opportunity to talk candidly with your nephew about the importance ofe ethics and avoiding even the appearance ofi impropriety inj public service. As he progresses in his career and becomes the hiring supervisor who is concerned about the potential effects ofr nepotism inl his unit, he will come respect your wisdom, values and integrity all the more. He will also appreciate that his professional accomplishments arel his own positions as the result of family influence. Aspirational Goals Relevant ethics code provisions relevant to this topic include: Trustworthiness Ido not accept gifts or other special considerations because ofmy public position. Fairness Isupport merit-based processes for the award of public employment and public contracts. Responsibility p promote the efficient use of agency resources. Other sample ethics code provisions are available under the "ethics codes" tab oft the Institute's website at and no one can question that he achieved his www.a-lg.ore/rus. Institutei forl Local Government Everyday Ethicsi forl Local Officials Hiring: When af Relativel Wantsa a Job April 2003 Finally, a number ofl local officials noted in response to this question that the reality is that public service involves sacrifices. There are some things that individuals cannot do by virtue oftheir status as public officials - some opportunities that they (and their One official even knows ofa a senior level public official who went sO far as to retire from city service SO his son could be considered for an agency position. In short, iti is a matter of choices. Ini this instance, the senior level official determined that his son's opportunities were more important that his own. The son could also have chosen to apply for employment in agencies other than the one in which his father served. families) cannot take advantage of. This piece originally ran in Western City Magazine and is a service oft the Institute for Local Government (ILG) Ethics Project, which offers resources on public service ethics forl local officials. Fori more information, visit www.a-lg.org/rus. Endnotes: See generally Cal. Gov'tCode S 12940. 2See Cal. Gov't Code $ 12940(3)(A). 3 See generally 20 Cal. Code Regs. $ 7292.5. 4 See Levyv. City of Santa Monica, 114 Cal.. App. 4th 1252, 8 Cal. Rptr. 3d: 507 (2d) Dist. 2004). Institutei for Local Government Monte. Lewis, Mayor (District 2) Elzabeth Bruny, Mayor Pro Tem (District. 5) RichardHale, Council Member (District. 1) Richard Barakat, Council Member (District. 3) Bruce Cathrop, Council Member (District 4) BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council Sophia Musa, Management Analyst March 16, 2021 for Districts 3&4 Appointment of Applicants to the Public Safety Committee SUMMARY The purpose of this item is to appoint two new members to the Public Safety Committee for District 3 and 4. Staff recommends that the City Council confirm the appointment of Ms. Stella Tsai as the Alternate member for District 3 and Ms. Natalie Gilmore as the Primary member for District 4 for the terms ending in June 2023. ANALYSIS Ordinance No. 361 specifies that the Public Safety Committee (PSC) shall consist of five (5) primary and five (5) alternate members: two (2) members from each district, appointed by the member of the City Council representing the district. Currently, there are no members from District 4 and the. Alternate seat for District 3 is open. Ms. Gilmore and Ms. Tsai have expressed interest in the Public Safety Committee. The recommendation is to appoint Ms. Tsai to fill the Alternate member seat for District 3 and Ms. Gilmore to fill the Primary member seat for District 4. These appointments have been endorsed by their respective District 3 and District 4 Councimember. FINANCIAL REVIEW The appointment of PSC members in this report have no significant financial impact on the City. FOR CITY COUNCIL AGENDA 3-16 AGENDA ITEM # 5 Public Safety Committee Appointment & Removal March 16, 2021 Page 2 of2 STAFF RECOMMENDATION Staff recommends that the City Council confirm the appointment of Ms. Stella Tsai as the Alternate member for District 3 and Ms. Natalie Gilmore as the Primary member for District 4 for the terms ending in June 2023. Monte Lewis, Mayor (District2) Elizabeth Bruny, Mayor Pro Tem (District5) RichardTHal, Jt., Council Member (District 1) Richard Barakat, Councils Member (District3) Bruce Lathrop, Councif9Member (District4) CITY301 BRADBURY City of Bradbury Agenda Memo TO: FROM: DATE: SUBJECT: SUMMARY Honorable Mayor and Members of the City Council Sophia Musa, Management Analyst March 16, 2021 DISCUSSION ON COMMUNITY SUPPORT FUNDS As a result of the Los Angeles Civil Grand Jury findings for the City of Bradbury, the City donated $3,000 in Fiscal Year 16/17 to support organizations that provide housing and shelter to those in need. Although this was a mandatory one-time donation, the City Council decided to budget and allocate $3,000 to similarly donate to Union Station Homeless Services, Foothill Unity Center, and Friends in Deed (Formally Ecumenical The City Council budgeted $4,000 this fiscal year to donate to support community homelessness. Itis recommended that the City Council direct staff on how to expend the budgeted $4,000, which has been set aside for a charitable donation. Council of Pasadena Area Churches). DISCUSSION Approximately four years ago, the Los Angeles Civil Grand Jury investigated cities on their response to homelessness issues during the 2016 El Nino time period. As a result of their findings, the City indicated that it would support organizations that assisted with providing housing and shelter to those in need. This resulted in the City committing to donate $3,000 during the 2016-2017 fiscal cycle. The City ultimately donated $1,500 to Foothill Unity Center and $1,500 to Union Station Homeless Services to fulfil the City's During the Fiscal Years of 17/18 through 19/20 budgeting cycles, the City Council decided to still allocate $3,000 for future donations, even though the Civil Grand Jury's requirements had been fulfilled. Ultimately, the City Council decided to split the donations obligations to the LA Civil Grand Jury. FOR CITY COUNCIL AGENDA 3-16 AGENDA ITEM # 6 Discussion on Community Support Funds Page 20 of2 equally three ways to Union Station Homeless Services, Foothill Unity Center, and Friends in Deed. All three nonprofit organizations provide homeless services as part of their program of services. For the Fiscal Years 19/20 and 20/21 budgeting cycles, the City Council increased community support funds from $3,000 to $4,000. Standards for Donations The Institute for Local Government provides local governments with advice when public institutions are considering donating public funds to charitable organizations. They recommend following their best practice circumstances which may determine 1. A charity provides a service that complements or enhances a service that the 2. When there is an identifiable secondary benefit to the public agency; or 3. When the charity provides a service the public agency could provide but chooses Additionally, it is recommended that these finds are included in the minutes about the Making donations to charitable causes that are far away from the City (for example, to help the victims of a hurricane in a distant state) also present special challenges. Because of the distance, it can be more difficult to justify the contribution as creating appropriateness for a contribution: public agency also provides; not to. benefits to the agency associated with providing resources to a charity. benefits to the jurisdictions residents. FINANCIAL ANALYSIS Funds in the amount of $4,000 have been budgeted this fiscal year but have not yet been spent. Expending the full budgeted amount will not have a significant fiscal impact. STAFF RECOMMENDATION Itis recommended that the City Council direct staff on how to expend the budgeted $4,000, which has been set aside for a charitable donation.