AGENDA
Regular Meeting of the Bradbury City Council
To be held on Tuesday, August 20, 2024
Closed Session Immediately Following
at the Bradbury Civic Center
600 Winston Avenue, Bradbury, CA 91008
OPEN SESSION 7:00 PM
Each item on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as "For Information" or "For Discussion" may also be subject of an "action" taken by the Board or a Committee at the same meeting.
CALL TO ORDER/PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Barakat, Mayor Pro Tem Hale, Councilmembers Lathrop, Lewis & Bruny.
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.
1. PUBLIC COMMENT
Anyone wishing to address the City Council on any matter that is not on the agenda for a public hearing may do so at this time. Please state your name and address clearly for the record and limit your remarks to five minutes.
Please note that while the City Council values your comments, the City Council cannot respond nor take action until such time as the matter may appear on a forthcoming agenda.
Routine requests for action should be referred to City staff during normal business hours, 8:30am - 5:00pm, Monday through Friday, at 626.358.3218.
The City of Bradbury will gladly accommodate disabled persons Mishiger 62mus8-348 a least 4 hours pro to the scheduled meeting for special assistance.
ACTION ITEMS*
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Agenda - City Council of the City of Bradbury Pg. 1 Regular Meeting - August 20, 2024
2. CONSENT CALENDAR
All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless a Council Member request otherwise, in which case the item will be removed and considered by separate action. All Resolutions and Ordinances for Second Reading on the Consent Calendar, the motion will be deemed to "to waive the reading and adopt." A. Minutes: Regular Meeting, Tuesday, July 16, 2024.
B. Monthly Investment Report for the month of July, 2024.
C. Resolution No. 24-18: Demands & Warrants for August 2024.
Resolution No. 24-19: A Resolution of the City Council of the City of Bradbury, California, Approving and the Blanket Authority to File Applications for Grant Funds from the Los Angeles County Regional Park and Open Space District for Measure A Funding for Projects and Programs ui Appointment of Planning Commissioners for Districts 2 and 4 Resolution No. 24-20: A Resolution of the City Council of the City of Bradbury, County of Los Angeles, Approving and Authorizing the City.
Manager to Execute the Los Angeles Region Safe Clean Water Program, Municipal Transfer Agreement with the Los Angeles County Flood Control District
APPROVAL OF THE USE OF THE GENASYS PLATFORM FOR FUTURE USE WITH LA
COUNTY FIRE FOR EVACUATIONS
The Genasys Protect (Genasys) platform is a multifaceted communication and emergency management platform used during emergencies. Within the platform, The LA County Fire Department has split the City of Bradbury into five different zones that they determined are the most efficient for evacuation. It is recommended that the City Council approve the use of the Genasys platform for future use with LA County Fire for evacuations.
4. REQUEST BY THE RETIREMENT COMMUNITY TO UTILIZE THE CIVIC CENTER'S BACK PARKING LOT ON NOVEMBER 2, 2024
The Retirement Community is requesting to utilize the Civic Center's back lot on November 2nd. It is recommended that the City Council to direct Staff on how to proceed.
5. REJECTION OF BIDS - BRADBURY ROAD WIDENING PROJECT
The sole bidder on the project was significantly higher than the original engineer's cost estimate. As such, it is recommended that the City Council 1) reject all bids, and 2) table to project while Staff continues to monitor current construction industry trends to determine.a... more suitable time to re-bid the project.
Agenda - City Council of the City of Bradbury Pg. 2 Regular Meeting - August 20, 2024
6. DISCUSSION ON USE OF CALRECYCLE FUNDS
The City currently has $14,279.38 from CalRecycle to spend on eligible beverage container recycling projects or programs. This could include installing a water refill station in the City or through a grant program to support surrounding organizations with their environmental programs and events. It is recommended that the City Council provide direction to Staff on how to move forward with CalRecycle funds.
7. ORDINANCE NO. 392: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE REGULATING
PUBLIC NUISANCES TO PROHIBIT TENTS, TARPS AND CANOPIES
Pursuant to City Council direction during the July meeting, Staff has drafted Ordinance No. 392, which regulates tents, tarps, and canopies on private property. It is recommended that the City Council introduce Ordinance No. 392.
8. URGENCY ORDINANCE NO. 393U: AN URGENCY ORDINANCE OF THE CITY OF
BRADBURY, CALIFORNIA ADOPTING CHANGES TO TITLE IX OF THE BRADBURY
MUNICIPAL CODE RELATING TO SHORT TERM RENTALS AND ADVERTISEMENT OF
SHORT TERM RENTALS AND THE CITY
ORDINANCE NO. 393: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE RELATING TO
SHORT TERM RENTALS AND ADVERTISEMENT OF SHORT TERM RENTAL IN THE ( CITY
The City's current regulations on short-term rentals are not clear in regulating against short- term renting of swimming pools, athletic courts or yards. Urgency Ordinance No. 393U immediately halts these unregulated activities, and Ordinance No. 393 goes through the regular process of codifying changes in the City's municipal code.
9. RESOLUTION NO. 24-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRADBURY APPOINTING TO THE OFFICES TO THE PERSONS NOMINATED TO BE
ELECTED TO FILL A VACANCY IN THE OFFICES OF CITY COUNCIL FOR DISTRICTS 1, 2 AND 4 THAT WERE TO BE ELECTED AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024 (FOUR YEAR TERMS)
It is recommended that the City Council adopt Resolution No. 24-21, which appoints Mr. Hale, Ms. Szymkowski, and Mr. Lathrop to their respective nominated Districts and cancels the November 5, 2024 election.
10. BRADBURY NIGHT OUT
This item allows the City Council to provide feedback, which Staff will document and use when planning next year's event commences in the winter. The Bradbury Public Safety Committee has provided their feedback to Staff on the June 20th Bradbury Night Out event which has been documented.
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Agenda - City Council of the City of Bradbury Pg. 3 Regular Meeting - August 20, 2024
11. MATTERS FROM THE CITY MANAGER
12. MATTERS FROM THE CITY ATTORNEY
13. MATTERS FROM THE CITY COUNCIL
Mayor Barakat
LA County City Selection Committee
LA County Sanitation Districts
So. California Joint Powers Insurance Authority
Foothill Transit
SGV Mosquito & Vector Control District
SGV Council of Governments
Mayor Pro Tem Hale
Councilmember Lathrop
League of California Cities
Duarte Community Education Council (CEC)
Councilmember Bruny
Duarte Education Foundation
Councilmember Lewis
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14. ITEMS FOR FUTURE AGENDAS
CLOSED SESSION
CALL TO ORDER/ROLL CALL
PUBLIC COMMENT - REGARDING CLOSED SESSION ONLY
RECESS TO CLOSED SESSION 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 is deciding whether to initiate litigation (1 potential case).
REPORT FROM CLOSED SESSION
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Agenda - City Council of the City of Bradbury Pg. 4 Regular Meeting - August 20, 2024 ADJOURNMENT:
The City Council will adjourn to a Regular Meeting at the Bradbury Civic Center, 600 Winston Avenue, Bradbury, CA 91008 on Tuesday, September 17, 2024 at 7:00 p.m. * 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 information on each item may be procured from "I, Diane Jensen, City Clerk, hereby certify that I caused this agenda to be posted at the Bradbury City Hall entrance gate by 5:00pm on Friday, August 16, 2024." City Clerk- City of Bradbury
Agenda - City Council of the City of Bradbury Pg. 5 Regular Meeting - August 20, 2024
INCORPORATED
JULY 26. 1957
ACTION MINUTES
CITY COUNCIL
FICITY OFT OF THE CITY OF BRADBURY
REGULAR MEETING
BRADBURY Tuesday, July 16, 2024 - 7:00 P.M.
BRADBURY CIVIC CENTER
600 Winston Avenue, Bradbury, CA 91008
CALL TO ORDER
The Regular Meeting of the City Council of the City of Bradbury was called to order by Mayor Pro Tem Hale at 7:00 pm followed by the Pledge of Allegiance.
ROLL CALL -
PRESENT: Mayor Pro Tem Hale, Councilmember Lathrop and Councilmember Bruny.
ABSENT: Mayor Barakat and Councilmember Lewis.
STAFF: City Manager Kearney, City Clerk Jensen, Management Analyst Flores, and City Attorney Reisman.
Mayor Pro Tem Hale made a motion to excuse both Mayor Barakat and Councilmember Lewis from the meeting. Councilmember Bruny seconded the motion which carried unanimously.
APPROVAL OF AGENDA:
Mayor Pro Tem Hale made a motion to approve the agenda with Councilmember Lathrop seconding the motion which passed unanimously, 3:0.
DISCLOSURE OF ITEMS REQUIRED BY GOVERNMENT CODE SECTION 1090 & 81000 ET.
SEQ. In compliance with the California Political Reform Act, each City Councilmembers has the responsibility to disclose direct or indirect potential for a personal financial impact as a result of participation in the decision-making process concerning agenda items.
City Attorney Reisman said there could be a possible proximity conflict with Councilmember Lathrop's home address and the Closed Session topic of discussion; however, since there will be no Closed Session tonight, there is no conflict.
CC Minutes
July 16, 2024
1. PUBLIC COMMENT
The Executive Director along with two residents of Royal Oaks Manor personally invited the City of Bradbury City Council and Staff along with their spouses to the 65th Anniversary Gala planned for Saturday, November 2, 2024. The use of City Hall's back parking lot was also requested due to the large number of cars needing a place to park. The Director stated he would pay the City's event permit fee, provide security and also valet service, if required. He has the approval of Woodlyn Lane residents and the property North of the parking lot.
Speakers:
A. Andrew Smith - Executive Director of Royal Oaks Manor.
B. Bob Moore - Bradbury resident /new resident Royal Oaks Manor.
C. Richard "Dick" Canzoneri - Resident of Royal Oaks Manor.
It was agreed to add the topic to next month's meeting agenda for Council to discuss.
ACTION ITEMS*
2. CONSENT CALENDAR
All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless a Council Member request otherwise, in which case the item will be removed and considered by separate action. All Resolutions and Ordinances for Second Reading on the Consent Calendar, the motion will be deemed to "to waive the reading and adopt." Minutes: Regular Meeting, Tuesday, June 18, 2024.
Monthly Investment Report for the month of June, 2024.
C. Resolution No. 24-16. Demands & Warrants for June 2024.
D. Resolution No. 24-17 - Approval of GANN Appropriation Limit FY 2024-25 Councilmember Lathrop made a motion to approve the Consent Calendar with Mayor Pro Tem Hale seconding the motion. The motion passed 3:0.
3. DISCUSSION OF AN ANNUAL APPRECIATION EVENT
The last Annual Appreciation event was in January, 2023 at 38 Degrees in Monrovia.
Councilmember Bruny said it was a great location and event and that she had a good time. During a phone call with Mayor Barakat this week, he suggested The Derby as a possible location for the event. Management Analyst Flores followed up with The Derby and was given four dates to have the event and that the final costs would be within the approved $4,000.00 budget.
CC Minutes
July 16, 2024
Council chose Wednesday, October 2, 2024 at 6:00 p.m. for the event at The Derby.
Analyst Flores will continue to work on the menu and ask for the outside patio at The Derby for the event.
4. DISCUSSION ON ADDING TARP REGULATIONS TO THE CITY'S PROPERTY
MAINTENANCE STANDARDS
This item discusses adding tarp regulations to the City's Property Maintenance Standards.
Council liked the straightforward language used in the Temple City ordinance example but would like to add language stating Tarps may be permitted for 72 hours if it is raining. Staff to come back with drafted language for Council to review by the next City Council meeting on Tuesday, August 20, 2024.
5. MATTERS FROM THE CITY MANAGER
a. July Planning Commission Meeting Cancelled.
b. November 4-15, 2024 - Vacation.
6. MATTERS FROM THE CITY ATTORNEY - None
7. MATTERS FROM THE CITY COUNCIL
Mayor Barakat - District 3 - ABSENT
LA County City Selection Committee
LA County Sanitation Districts
So. California Joint Powers Insurance Authority
Foothill Transit
SGV Mosquito & Vector Control District
SGV Council of Governments
Mayor Pro Tem Hale - District 1 - No Comment
Councilmember Lewis - District 2 - ABSENT
Councilmember Lathrop - District 4 - No Comment
League of California Cities
Duarte Community Education Council (CEC)
Councilmember Bruny - District 5 - No Comment
Duarte Education Foundation
8. ITEMS FOR FUTURE AGENDAS -
Discussion on Royal Oaks Manor using back parking lot for event Gala, Saturday, November 2, 2024.
CC Minutes
July 16, 2024
CLOSED SESSION
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 is deciding whether to initiate litigation. (1 potential case.)
CLOSED SESSION
Due to having only three of five councilmembers present, City Attorney Reisman canceled tonight's Closed Session. The Pending Litigation for tonight's Closed Session will be addressed at the next Closed Session on August 20, 2024.
ADJOURNMENT
At 7:19 pm, the Regular Meeting was adjourned to a Regular Meeting at the Bradbury Civic Center, 600 Winston Avenue, Bradbury, CA 91008 on Tuesday, August 20, 2024 at 7:00 pm.
SIGNED BY:
08.20.2024
RICHARD T. HALE, JR., MAYOR PRO TEM DATE
CITY OF BRADBURY
ATTEST:
08.20.2024
DIANE JENSEN, CITY CLERK DATE
CITY OF BRADBURY
CC Minutes
July 16, 2024
RESOLUTION NO. 24-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, APPROVES THE DEMANDS & WARRANTS FOR PRE-RELEASE CHECK #17984 and EFT/ACH PAYMENTS TOTALING $9,823.72 AND and REGULAR CHECKS # 17985 through CHECK # 18005, PAYROLL, ACH, EFT AND & EMPLOYEE BENEFITS TOTALING $130,691.52.
The City Council of the City of Bradbury does hereby resolve as follows:
Section 1. Pre-Release Checks/ACH
That the demands as set forth hereinafter are approved & warrants authorized to be drawn from the General Checking account for checks from said demands in the amount of $9,823.72 during the month of August, 2024.
CHECK# VENDOR/INVOICE# DESCRIPTION SUBTOTAL TOTAL PAID
Renewal FY 2024-25
ACH Pay Acct. 101.30.6030 $6,549.91
San Gabriel Valley Council $6,887.00
Due 7.23.24 Acct. 204.20.6030 Propc $337.56
ACH Pay EDD Payment Owe 2nd Qtr. June 2024 $143.44
Due 7.24.24 Acct. 101.00.2011
Landscape Services August '24
City Hall: 101.21.7020 $239.74
Priority Landscape R.O.North 101.21.7015 $461.02 $1,874.51 17984
Inv. #17653 Mt. Olive Dr.: 101.21.7035 $617.22
Lemon Trail: 101.21.7045 $161.53
New Lemon Trail: 101.21.7751 $395.00
Spectrum Office Internet
EFT Pay 07.23.24 - 08.22.24 $169.98
Due: 8.08.24 No. 0101050072324
Conf#0757231932 Acct. 101.16.6230
EFT PAY 600 Winston Avenue
So Cal Gas $14.79
06.19.24-07.19.24
Due 8.12.24 Acct. 12971762005
Acct.101.16.6400
Southern CA Edison 600 Winston City Hall
EFT Pay $588.43
08.12.24 No. 700616952477 06.21.24 - 07.23.24
Conf#700616952477 Acct. 101.16.6400
EFT Pay Southern CA Edison 2298 Gardi Street
No.700096844036 06.21.24 to 07.23.24 $47.95
08.12.24 Conf#100002969115
Acct. 200.48.6400
Frontier Communications Fire Alarm Service
EFT Paid 07.22.24 thru 08.21.24 $87.62
08.14.24 626-358-3218-050769-5 Acct. 101.23.7420
T-Mobile Mobile Internet (Hot Spot)
EFT Pay Inv. #975204096-36 06.06.24 - 07.25.24 $10.00
Due 8.15.24
Conf#: 911507819 Acct.113.20.8120
Net Total $9,823.72
PreRelease
Reso. No. 24-18 August 20, 2024 1
Section 2. REGULAR CHECKS
That the demands as set forth hereinafter are approved and warrants authorized to be drawn from the General Checking account for the regular checks from said demands in the amount of$40,940.49 during the month of August, 2024.
San Gabriel Valley City Manager's Annual Membership Dues 18006 FY 24-25 $55.00
Assoc.
Acct. 101.12.6020
Custody Charges
U.S. Bank FY 23-24 June 24 $37.00
18007 FY 24-25 July 24 $117.25
Customer #386000224 $80.25
Acct. 101.14.7010
Finance Director
18008 Suresh Malkani July 2024 26 hrs x$90.60 $2,355.60 Acct. 101.14.5010
Shaffer Awards 3 Magnetic Name Badges
18009 Acct. 101.16.6200 $49.45
Inv.#0008233
Permit Management Software
iwore
18010 FY 2024-2025 $6,300.00
Inv. #204359 Acct. 113.20.7040
Bid Notice
18011 Southern CA. News Group Bradbury Road Widening $1,128.41 Inv.# 0000595557
Acct. 200.48.7750
City Hall Pest Control
18012 Commercial Pest Specialists Ant Control $125.00
Acct. 101.16.6460
West Coast Arborists, Inc. City Tree Trimming
Inv.# 217185 Winston and Lemon Avenue $450.00
18013 $1,950.00
2330 Elda Street $1,500.00
Inv.# 217187
Acct. 101.21.7060
Monthly Cell Phone
18014 Kevin Kearney August '24 $75.00
Acct. 101.12.6440
Post Alarm Services Fire & Intrusion Systems
18015 September '24 $146.23
Inv. #1713141
Acct. 101.23.7420
Reso. No. 24-18 August 20, 2024 2
Humane Society Pasadena Animal Control Services
18016 Inv# JUL2024Bradbury $1,042.65
Acct. 101.25.7000
VCA Plan Check Service
18017 July '24 $1,565.35
Inv. # 85055
Acct. 101.20.7220
Professional Services
VCA 06.30.4 - 07.27.24
18018 Inv. #85081 $3,900.00 $4,065.00
J. Kasama Retainer 101.20.7210
J. Kasama Hourly 101.20.7240 $165.00
San Gabriel Valley City Manager's Manager's Luncheon
18019 Acct. 101.12.6020 Kevin $75.00 $150.00
Assoc. $75.00
Acct. 101.16.6020 Mario
6 yards DG w/stabilizer
Priority Landscape Labor
18020 to Sink Holes $1,760.00
plus
Inv. #17568 on Mt. Olive Trail Materials
Acct. 101.21.7025
Outside Counsel
Jones Mayer July 2024
18021 Inv. #123999 $3,100.00
Monthly Retainer
101.15.7020
Street Sweeping
Burrtec Waste Services
18022 Inv. #N011702917 July 2024 $338.92
Acct. 200.48.7290
City Engineer July '24
RKA Engineering Services
18023 Inv.# 35045 $1,323.00 $4,966.50
Acct. 101.19.7230 $3,643.50
Inv.# 35046 Development Projects
Acct. 101.19.7230
L.A. County Sheriff's Temple Station
18024 FY 23-24 June '24 $11,650.23
Inv.# 243650EC
Acct. 101-23-7410
REGULAR
CHECKS $40,940.49
Reso. No. 24-18 August 20, 2024 3
SECTION 3. ACH + EFT
That the demands as set forth hereinafter are approved and warrants authorized to be drawn from the General Checking Account for payments from demands in the amount of$65, 193.56 during the month of August, 2024.
CAL-AMERICAN WATER
Cal American Water 2256 Gardi Street
EFT Pay No. 210019919035 07.10.24 to 08.07.24
08.30.24 $128.83
Conf# 1513251955 Acct. 200.48.6400
Cal American Water
EFT Pay No.210020461222 2410 Mt. Olive Ln. IRRIG.
08.30.24 07.10.24 to 08.07.24 $68.21
Conf# 1513955195
Acct. 200.48.6400
EFT Pay Cal American Water 301 Mt. Olive St. IRRIG
08.30.24 No.210021468844 $221.69
07.10.24 to 08.07.24
Acct. 200.48.6400
Cal American Water 1775 Woodlyn Lane
EFT Pay No.210019988024
8.22.24 07.04.24 to 08.01.24 $1,083.40
Conf# 1505750421 Acct. 200.48.6400
Cal American Water 600 Winston Avenue
EFT Pay 8.22.24 No.210019989065 07.04.24 to 08.01.24 $613.30 Conf# 1505748449 Acct. 101.16.6400
TOTAL $2,115.43
SOUTHERN CALIFORNIA EDISON
Southern CA Edison 600 Winston LS-1-Allnite
EFT Pay No.700162442207
07.01.24 - 07.31.24 $1,102.95
08.22.24 Conf#700162442207 Acct. 200.48.6410
TOTAL $1,102.95
Reso. No. 24-18 August 20, 2024
TAX WITHHOLDINGS / RETIREMENT PAYMENTS
ACH Pay SDI Tax Withheld
EDD - August '24 State Tax Withheld $313.40
08.22.24 $1,511.45 $1,824.85
Acct.101.00.2011
Federal W/H
Acct. 101.00.2011 $3,006.00
ACH Pay SS + Medicare Employees
08.22.24 IRS- August '24 Acct. 101.00.5100 $2,030.00 $7,066.00 $2,030.00
SS +Medicare Employer
Acct.101.00.2011
CM - Kearney 101.12.5100 $2,824.04
ACH Pay CC - Jensen 101.13.5100 $ 998.37
08.22.24 CAL PERS - August '24 MA- Flores $ 879.92 $4,702.33 101.16.5100
TOTAL $13,593.18
CITY HALL BILLS
ACH Pay Coverall Office Cleaning
08.22.64 Inv. #1527157588 August 2024 $394.00
Acct. 101.16.6460
ACH Pay TeamLogic IT IT Maintenance August'24
08.22.24 Inv. #9061 Acct. 101.16.6230 $820.00
ACH Pay Atlas Planning Solution Inv.#1643 Hazard Mitigation Plan
08.22.94 Acct.101.23.6210 $1,614.00
ACH Pay Consensus E-Fax
08.22.24 August 2024 $10.00
Inv. #3100811 Acct. 101.16.6230
ACH Pay Rio Hondo San Gabriel Annual Membership Dues
08.22.24 River WMA FY 24-25 $30,594.00
Inv. # MEM-24-02 Acct. 101.12.6020
ACH Pay California JPIA All Risk Property
08.22.24 Inv. # PROP02387 7. 1. 2024 - 6.30.2025 $8,821.00 Acct. 101.16.6300
ACH Pay
Willdan Financial Services User Fee Study
08.22.24 $5,902.00
Inv.#010-59332 Acct. 101.16.7031
ACH Pay California JPIA Polution Liability Ins. Policy
08.22.24 Inv. # ENVIR01296 July 1, 2024 - 6.30.2025 $227.00 Acct. 101.16.6300
TOTAL $48,382.00
Reso. No. 24-18 August 20, 2024 5
SECTION 4. EMPLOYEE INSURANCE + SALARY
That the demands as set forth in Section 4 are approved and warrants authorized to be drawn from the General Checking Account for payments from said demands in the amount of$24,557.47 during the month of August, 2024.
Vision Insurance August '24
CM - Kearney (family)
Acct. 101.12.5100 $61.07
ACH Vision Service VSP
Paid 08.01.24 Statement #:820316063 CC -Jensen (single) $108.39 Acct. 101.13.5100 $23.66
MA-Flores (single) $23.66
Acct. 101.16.5100
Life & ADD August 24
CM - Kearney
Acct. 101.12.5100 $9.65
ACH
Paid The Standard Ins.
#6430650001 CC-Jensen $28.95
08.01.24 $9.65
Acct. 101.13.5100
MA - Flores
Acct. 101.16.5100 $9.65
Dental Insurance August '24
CM - Kearney
Acct. 101.12.5100 $124.86
ACH Delta Dental
Paid 08.01.24 Inv.# BE006173697 CC -Jensen $206.34
Acct. 101.13.5100 $40.74
MA - Flores
Acct. 101.16.5100 $40.74
Health Insurance August 24
CM - Kearney $1,976.45
Acct. 101.12.5100
ACH AETNA
Paid 07.02.24 Inv. J1573833 CC - Jensen $3,515.75
Acct. 101.13.5100 $1,076.52
MA - Flores
Acct. 101.16.5100 $462.78
TOTAL $3,859.43
Reso. No. 24-18 August 20, 2024 6
EMPLOYEE SALARIES
Salary
Acct. 101.12.5010 $16,466.67
Kevin Kearney Withholdings
ACH Acct. 101.00.2011 $4,044.40 $12,422.27
City Manager ($2,824.04)
CalPERS-Employer Paid
101.12.5010
Salary
Acct. 101.13.5010
Diane Jensen Withholdings $6,391.67
ACH $1,573.59 $4,322.73
City Clerk Acct. 101.00.2011 $495.35
CaPERS
Acct101.13.5100
Salary
Acct. 101.16.5010
Withholdings $5,633.34
Mario Flores
ACH $1,243.72 $3,953.04
Management Analyst Acct. 101.00.2011 $436.58
CalPERS
Acct101.16.5100
TOTAL $20,698.04
$9,823.72
SUBTOTALS $130,691.52
GRAND TOTAL $140,515.24
Reso. No. 24-18 August 20, 2024
MAYOR - CITY OF BRADBURY PRINTED NAME
ATTEST:
CITY CLERK - CITY OF BRADBURY
"I, Diane Jensen, City Clerk, hereby certify that Resolution No. 24-18, was duly adopted by the City Council of the City of Bradbury, CA at a regular meeting held on the 20™H day of August, 2024 by the following roll call vote:"
AYE NO ABSTAIN ABSENT
Mayor Barakat
Mayor Pro Tem Hale
Councilmember Lathrop
Councilmember Bruny
Councilmember Lewis
-
Diane Jensen, City Clerk
CITY OF BRADBURY
Reso. No. 24-18 August 20, 2024
LY 26, 195
Richard Barakat, Mayor (District 3)
Richard I. Hale, Mayor Pro Tem (District 1)
Monte Lewis, Council Member (District 2)
Bruce Lathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Mario Flores, Management Analyst
DATE: August 20, 2024
SUBJECT: RESOLUTION NO. 24-19: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BRADBURY CALIFORNIA APPROVING THE
BLANKET AUTHORITY TO FILE APPLICATIONS FOR GRANT
FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT FOR MEASURE A FUNDING FOR
PROJECTS AND PROGRAMS
ATTACHMENTS: 1. Resolution No. 24-19
SUMMARY
The Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Countywide Parks and Recreation Needs Assessment that was completed in 2016.
Measure A was approved by voters in 2016 and includes both formula-based allocations to agencies throughout the study area, as well as competitive grants that are open to public agencies, non-profit organizations and schools. In order to apply for and accept Measure A funds, the Los Angeles County Regional Park and Open Space District requires a resolution from the City of Bradbury. Staff recommends that the City Council adopt Resolution No. 24-19 authorizing the acceptance of Measure A funds.
BACKGROUND
In 1992 and 1996, Los Angeles County voters approved two local parks funding measures, both called Proposition A. The 1992 Proposition A created the Regional Park and Open Space District (RPOSD) and generated annual revenue of $52 million until its expiration in 2015. The 1996 Proposition A generated $28 million annually and expired in 2019. Since 1992, ROSD awarded grant funds for more than 1,500 projects for parks, recreational, cultural, and community facilities as well as beaches and open space throughout the county.
As Proposition A came to an end, Los Angeles County launched a Countywide Parks and Recreation Needs Assessment (PNA) to determine park needs countywide. The PNA included a countywide inventory of parks, analysis of park needs, and community 4, the Sate, Cleani engagement process. Measure A, the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure, was developed to meet current and future park needs as identified in the PNA. Measure A is an annual parcel tax of 1.5 cents per square foot of improved property. The Measure was approved by voters in 2016. It generates more than $90 million per year for county local parks, beaches, and open space areas. Measure A includes both formula-based allocations to Study Areas and competitive grants that are open to public agencies, non-profit organizations, and schools. Unlike Proposition A, Measure A does not have an expiration date.
ANALYSIS
Annual Allocation grant programs use a formula to provide funds to identified public agencies on an annual basis. Agencies who receive annual allocation funds have several options for how they may use funds, including, expend, accrue, bond and share/transfer.
The City of Bradbury is allocated an estimate of $6,058 annually for Measure A funds and has a collected-to-date amount of $36,351.91. In order for the City to apply for and accept annual allocation funds and competitive grant funds, the Los Angeles County RPOSD requires a resolution from the City Council authorizing application for and acceptance of the grant funds. Accordingly, staff has prepared Resolution No. 24-19 for adoption by the City Council. Usage of such funds is limited to new infrastructure projects with a minimum project amount of $50,000.
FISCAL REVIEW
There is no fiscal impact at this time. Receipt of Measure A funds and projects utilizing the funds will be brought forward to the City Council as required in the future.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-19 authorizing the acceptance of Measure A funds.
ATTACHMENT #1
RESOLUTION NO. 24-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA
APPROVING THE BLANKET AUTHORITY TO FILE APPLICATIONS FOR GRANT FUNDS
FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT
FOR MEASURE A FUNDING FOR PROJECTS AND PROGRAMS
WHEREAS, the voters of the County of Los Angeles on November 8, 2016, approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure (Measure A); and WHEREAS, Measure A also designated the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary policies and procedures governing the application for grant funds under Measure A; and WHEREAS, the District's policies and procedures require the governing body of the City of Bradbury to approve of the filing of an application before submission of said application to the District; and
WHEREAS, said application contains assurances that City of Bradbury must comply with; and
WHEREAS, The City of Bradbury will enter into Agreements) with the District to provide funds for acquisition projects, development projects, and/or programs.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF BRADBURY, CALIFORNIA HEREBY:
1. Approves the blanket authority to file applications with the Los Angeles County Regional Park and Open Space District for Measure A Funds for projects or programs; and
2. Certifies that the City of Bradbury understands the assurances and will comply with the assurances in the application form; and
3. Appoints the City Manager or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects or programs.
APPROVED AND ADOPTED this 20th day of August, 2024.
Mayor,
City of Bradbury, California
I hereby certify that the foregoing Resolution No. 24-19 was adopted at an adjourned meeting of the City Council of the City of Bradbury held on this 20th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
Diane Jensen
City Clerk
Richard Barakat, Mayor (District 3)
Richard Hale, Mayor Pro-Tem (District 1)
Monte Lewis, Councilmember (District 2)
Elizabeth Bruny, Councilmember (District 5)
BRADBURY Bruce Lathrop, Council Member (District 4)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Diane Jensen, City Clerk
DATE: August 20, 2024
SUBJECT: Appointment of Planning Commissioners for Districts 2 and 4
SUMMARY
At this time, the Planning Commission has 2 upcoming vacancies to be filled due to the expiration of terms. Staff recommends that the City Council confirm the appointments of the Planning Commission for Districts 2 and 4
ANALYSIS
Each Commissioner serves for a term of two (2) years. The Planning Commission meets on the fourth Wednesday of the month. The primary staff liaison is the contract City Planner.
The following are those that have been nominated by their district Council Member representative to fill the Planning Commissioner position:
Nominee Term District
Melodie Szymkowski 2-year 2
Robert Jones 2-year 4
Both positions expire in September 2024. With a 2-year term renewal, both positions will now expire in September 2026. Ms. Szymkowski is currently slated to be appointed by the City Council to fill the District 2 City Council position since she was the sole individual nominated for the position starting November 2024. If the City Council appointment is approved, Ms. Szymkowski's term on the Planning Commission will end in November 2024
STAFF RECOMMENDATION
It is recommended that the City Council confirm the appointments of the Planning Commission for Districts 2 and 4.
FOR CITY COUNCIL AGENDA AGENDA ITEM #
Richard Barakat, Mayor (District 3)
Richard I. Hale, Mayor Pro Tem (District 1)
Monte Lewis, Council Member (District 2)
Bruce Lathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Kevin Kearney, City Manager
DATE: August 20, 2024
SUBJECT: RESOLUTION NO. 24-20: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BRADBURY, COUNTY OF LOS ANGELES,
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE LOS ANGELES REGION SAFE CLEAN WATER
(SCW PROGRAM, MUNICIPAL TRANSFER AGREEMENT WITH
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
ATTACHMENTS: 1) Resolution No. 24-20
2) Exhibit A: Safe Clean Water Program Template Transfer Agreement
SUMMARY
The City receives approximately $53,000 in Safe Clean Water program funding from the County of Los Angeles to meet State mandated stormwater requirements. Resolution No. 24-20 authorizes the City Manager to sign the Program Transfer Agreement between the City and County to continue the program.
It is recommended that the City Council adopt Resolution No. 24-20 approving and authorizing the City Manager to execute the Safe Clean Water Municipal Funds Transfer Agreement with the Los Angeles County Flood Control District.
BACKGROUND
Staff is requesting City Council authorization to enter into an agreement with the Los Angeles, County Flood Control District (LACFCD) to receive funds coming from the Municipal portion of the Safe Clean Water Program. This agreement formalizes the details that include eligible expenditures, reporting requirements and timelines.
FOR CITY COUNCIL AGENDA AGENDA ITEM #
Reso. 24-20: Safe Clean Water Transfer Agreement
In 2020, the City Council approved the first Safe Clean Water Transfer Agreement to accept Safe Clean Water Funds. Over the past three fiscal years, the City has received approximately $53,000 annually that has been used to fund portions of the City's stormwater program to ensure Municipal Separate Storm Sewer System (MS4) Permit compliance. Compliance with the MS4 Permit continues to be a partially unfunded mandate.
DISCUSSION/ANALYSIS
The Municipal Separate Storm Sewer System (MS4) permit is the State's implementation of the Federal National Pollutant Discharge Elimination System (NPDES) program, which was developed and is continuously adapted in response to the Clean Water Act. It is enforced by the Los Angeles Regional Water Quality Control Board, (Regional Board).
The latest permit, adopted by the Regional Board on September 11, 2021, is complex and includes provisions that place a significant burden on cities to regulate and mitigate potential pollutants in storm water.
Due to the lack of funding for these complex requirements, the County of Los Angeles proposed a property tax measure to be placed on the ballot in November of 2018.
Measure W passed and is now known as the Safe Clean Water Program. The Safe Clean Water Program revenues are collected as a parcel tax by Los Angeles County and are broken into three categories. The District program, which receives 10% of the funds, is kept by LACFCD to cover the cost of administration and implementation of the program.
The Regional program, which receives 50% of the funds, are allocated as competitive funding for infrastructure construction, implementation, operations and maintenance, and administration of watershed-based projects and programs. The Municipal program, which is the topic of this agreement, receives 40% of the funds, which go directly to individual cities to carry out compliance activities, programs, and projects.
In order to receive Safe, Clean Water Municipal program funds, the City must execute the attached agreement and submit an expenditure plan following the execution of this agreement. The annual expenditure plan details the use of funds and how they relate to the Safe Clean Water Program goals. A dedicated fund has been created in the City's budget per these requirements. Fund expenditures must comply with various auditing and progress report requirements, as detailed in the agreement. The attached agreement will expire at the end of FY 2027-28, at which time a new agreement would need to be executed.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 24-20 approving and authorizing the City Manager to execute the Safe Clean Water Municipal Funds Transfer Agreement with the Los Angeles County Flood Control District.
ATTACHMENT #1
RESOLUTION NO. 24-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, COUNTY
OF LOS ANGELES, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE LOS ANGELES REGION SAFE CLEAN WATER (SCW) PROGRAM,
MUNICIPAL TRANSFER AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT
funding torERo, ter, aly councior the city a radar city real or e Los Angeles County Flood Control District; and
WHEREAS, pursuant to Section 16.05.A.1 of the Los Angeles County Flood Control District Code, prior to their receipt of Safe Clean Water (SCW) Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the agreement includes details about the goals of the program, reporting and auditing requirements along with timelines, said Contract being substantially in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein;
NOW, THEREFORE, THE CITY OF BRADBURY DOES RESOLVE AS
FOLLOWS:
SECTION 1. The City Council hereby approves and authorizes the City Manager to execute the Safe Clean Water Program Municipal Transfer Agreement with the Los Angeles County Flood Control District, in the form attached to this Resolution as Exhibit A.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause the same to be processed in the manner required by law.
APPROVED AND ADOPTED this 20t day of August, 2024.
Mayor,
City of Bradbury, California
Resolution 24-20: Los Angeles Region Safe Clean Water Program
I hereby certify that the foregoing Resolution No. 24-20 was adopted at an adjourned meeting of the City Council of the City of Bradbury held on this 20th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
Diane Jensen
City Clerk
ATTACHMENT #2
Municipal Program
Agreement No.
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND (MUNICIPALITY)
AGREEMENT NO.
SAFE, CLEAN WATER PROGRAM - MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as "Agreement," is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and (Municipality) hereinafter referred to as "Municipality."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code;
WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds; WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
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"Agreement" means this Transfer Agreement, including all exhibits and attachments hereto.
"Annual Plan" means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. "Days" means calendar days unless otherwise expressly indicated.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year.
"Safe Clean Water (SCW) Program Payment" means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality.
"Year" means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Municipality:
Name: Name:
(Program Manager) (Municipal Contact)
Address: Address:
Phone: Phone:
Email: Email:
Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A - ANNUAL PLAN CONTENTS
EXHIBIT B - GENERAL TERMS AND CONDITIONS
EXHIBIT C - NATURE-BASED SOLUTIONS (Best Management Practices)
EXHIBIT D - OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
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IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.
B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.
B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section 18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.
VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. (Municipal Contact)_
By: _
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: _
Name:
Title:
Date:
Municipal Program
Agreement No.
EXHIBIT A - ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-L. Description of all programs anticipated to be tunded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment. Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals. Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.
A-7. Provide the budget for the activities described in provisions A1 through A-5 SCW Program Payment.
Municipal Program
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EXHIBIT B - GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Municipality shail be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District's Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds.
When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure priest signae stalind solen in oron are can ate Progres logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District's Safe, Clean Water Program." At a minimum the sign shall be 2' x 3' in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: "Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District's Safe, Clean Water Program." The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.
Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County
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Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld
B-4. Amendment
Except as provided in Section Il of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code.
Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copy of all audit reports by the ninth (9th) month from the end of each three (3) year period to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District's publicly accessible website. Due date example below.
Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028
4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments.
The Municipality shall permit the authorized District representative, including the
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Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the e Code. enforcement and remedy provisions of Section 18.14 of the Code.
B-7. Availability of Funds
District's obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement.
This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient tunds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement's funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program 1 Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code.
B-11. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules,
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guidelines, regulations, and requirements.
B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the Program i Plyine a conding in Peat together pro at at on daunt accruing from the date of lease or disposal of the Project.
B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality. SCW Program Payments shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.
B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.
Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.
B-15. Force Majeure.
In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such
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act shall be extended for a period equivalent to the period of such delay.
B-16. Funding Considerations and Exclusions
1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.
2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality.
B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.
The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants,
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representations and warranties, express or implied, concerning the subject matter of this Agreement.
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipality's control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.
Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Example Below.
Fiscal Year Funds Lapse Extension Commit By
Transferred After Request Due
2019-20 6/30/2025 No later than No later than
3/31/2025 6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times.
B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity.
Municipal Program
Agreement No.
B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein
B-24. Notice
1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource.
The Municipality agrees to implement appropriate actions as directed by the District.
c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days' notice to the District.
B-25. Municipality's Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The District will not mediate disputes between the Municipality and any other entity concerning responsibility for performance of work.
Municipal Program
Agreement No.
B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. Ihe Annual Progress/Expenditure Reports shall be posted on the Districts publicly accessible website and on the Municipality's website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned; f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years' investments. g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by
Municipal Program
Agreement No. _
programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
ili. Annual volume of stormwater captured and recharged to a managed aquifer
iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
V. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A.
This information must be readily accessible to members of the public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.
2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof.
Municipal Program
Agreement No. _
3. No Litigation. There are no pending or, to the Municipality's knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan.
4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.
5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.
6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.
B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that:
1. The Municipality has violated any provision of this Agreement; or
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.
3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.
Municipal Program
Agreement No.
4. Failure to submit annual reports on meeting SCW Program Goals.
Municipal Program
Agreement No. _
EXHIBIT C - NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT
PRACTICES
Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway vegetation, with reference for native species. mulching: and, planting trees and NBo may also be designed to provide
additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.
Municipal Program
Agreement No.
METHODS GOOD BETTER
BEST
Establishment of plant
Use of climate communities with a
Use of native, climate diversity of native
appropriate, eco-friendly
appropriate, eco-friendly vegetation
vegetation
Vegetation/Green vegetation (groundeover, shrubs,
(groundcover, shrubs,
Space and trees) / green space (groundcover, shrubs, and trees) / green space 5%-15% covered by and trees) / green space that is both native and new climate-appropriate 16%-35% covered by climate-appropriate vegetation new native vegetation More than 35% covered
by new native vegetation
Installation of vegetated Installation of vegetated Installation of vegetated landscape - 25%-49% landscape - 50%-74% landscape - 75%-100% paved area removed paved area removed paved area removed Redesign of existing Improvements of soil Creation of well- Increase of impermeable surfaces health (e.g., compaction connected and self-
Permeability and/or installation of reduction)
sustained natural
permeable surfaces (e.g landscapes with healthy
permeable pavement soils, permeable
and surfaces, and
infiltration trenches) appropriate vegetation
•Preservation of native
Protection of •Preservation of native vegetation •Creation of open green Undeveloped vegetation •Installation of new space
Mountains & •Minimal negative feature(s) to improve •Installation of features Floodplains impact to existing existing drainage system to improve natural drainage system hydrology
•Partial restoration of •Full restoration and
existing riparian habitat •Full restoration of expansion of existing and wetlands Planting riparian habitat and
existing riparian habitat
of climate appropriate and wetlands wetlands Planting of Creation & vegetation between 11 •Planting of native plant communities with a Restoration of and 20 vegetation - between 21 diversity of native Riparian Habitat & different climate and 40 different native vegetation - between 41 Wetlands appropriate or native plant species newly and 50 different native plant species newly planted piant species newiy
•No potable water used planted
• No potable water used to sustain the wetland •No potable water used to sustain the wetland to sustain the wetland
Municipal Program
Agreement No. _
METHODS GOOD BETTER
BEST
Large sized elements
that capture and treat
Elements designed to Elements that design to runoff to supplement or capture runoff for other capture/redirect runoff replace existing water simple usage (e.g. rain and filter pollution (e.g. systems (e.g. wetlands, New Landscape gardens and cisterns), bioswales and parkway daylighting streams, Elements capturing the 85th groundwater intiltration,
basins), capturing the
percentile 24-hour storm iloodplain reclamation),
85th percentile 24-hour
event for at least 50% of storm event from the capturing the 90th the entire parcel entire parcel percentile 24-hour storm event from the entire
parcel and/or capturing
off-site runoff
Use of soil amendments
such as mulch and
Use of soil amendments compost that are locally
such as mulch and generated, especially
Use of soil amendments compost that are locally use of next-generation generated to retain design with regenerative
such as mulch and
compost to retain moisture in the soil, adsorbents (e.g. moisture in the soil and prevent erosion, and woodchips, biochar) to Enhancement of Soil support locally based retain moisture in the prevent erosion
Planting of new climate composting and other soil, prevent erosion, soil enhancement and support on-site
appropriate vegetation to
activities composting and other
enhance soil organic
Planting of new native, soil enhancement
matter
climate-appropriate activities
vegetation to enhance Planting of new native,
soil organic matter climate appropriate
vegetation to enhance
soil organic matter
Municipal Program
Agreement No..
EXHIBIT D - OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project's function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.
1. Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance
• Weed control
• Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
• Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs).
• Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
• Removal of dead trees and elimination of diseased/damaged growth.
Prevent encroachment of adjacent property and provide vertical clearance.
Municipal Program
Agreement No. _
• Inspect for dead or diseased plants regularly.
• Wetland vegetation and landscape maintenance
• Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
Draining and drawdown of wetland and excessive bulrush removal Weed and nuisance plant control.
• Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
• Wildflower and meadow maintenance.
• Grass, sedge, and yarrow management.
• Removal of unwanted hydroseed.
3. Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species. • Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.
4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs. • Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads). • Inspect shade structures for structural damage or defacement. • Inspect hardscapes.
• Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks).
Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking.
• Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.
Irrigation System Management
Municipal Program
Agreement No.
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. • Cycle controllers) through each station manually and automatically to determine if all facets are functioning properly.
• Inspection should be performed at least monthly.
• Recover, replace, or refasten displaced or damaged valve box covers.
• Inspect and repair bubbler heads.
• Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
Maintain drip system filters to prevent emitters from clogging.
Inspection and cleaning should occur at least monthly.
• Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
• Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape.
• Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems.
• Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. • Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.
7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise).
Municipal Program
Agreement No.
• Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.
8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos.
• Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas.
• Managing flow velocities to reduce propagation of vectors.
INCORPORATED
JULY 20. 1957
Richard Barakat, Mayor (District 3)
Richard I. Hale, Mayor Pro Tem (District 1)
TELLY Monte Lewis, Council Member (District 2)
COLL
Bruce Lathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Mario Flores, Management Analyst
DATE: August 20, 2024
SUBJECT: APPROVAL OF THE USE OF THE GENASYS PLATFORM FOR
FUTURE USE WITH LA COUNTY FIRE FOR EVACUATIONS
ATTACHMENTS: 1. Bradbury Preliminary Evacuation Zones
2. Evacuation Pre-Plan
SUMMARY
The Genasys Protect (Genasys) platform, formerly known as Zonehaven, is a multi- communications emergency management platform used during emergencies. Of the various channels within Genasys Protect is Genasys Protect EVAC, which consists of intelligent zoning that reduces the time from incident recognition to community notification. Every city that uses Genasys is fragmented into specific zones where appropriate public safety stakeholders are able to effectively communicate actionable messages to the community in the event of an emergency.
The LA County Fire Department has split the City of Bradbury into five different zones that they determined are the most efficient for evacuation. It is recommended that the City Council approve the use of the Genasys platform for future use with LA County Fire for evacuations.
BACKGROUND
The Genasys Protect platform is a full suite of protective communications tools for all hazards providing for targeted communication, data-driven decision making, and secure inter-agency collaboration. Genasys delivers integrated hardware and software for proactive preparedness and diverse multi-channel communication. The channel that many cities within LA County are rolling out to the public is Genasys Protect EVAC (Genasys EVAC). During an emergency, Genasys EVAC, part of the Genasys platform, enables responding agencies to react swiftly, make collaborative decisions, and communicate event status in real-time to other agencies and the public.
A major aspect of Genasys EVAC are the precise and flexible zones which target communication to specific zones ensuring public safety information and instructions reach the community quickly. Once use of the platform is approved by the City Council, Bradbury residents will able to download the Genasys Protect App on their smartphones and receive real time information as it is sent to them based on the specific zones they are assigned. As a couple of cities in Los Angeles County have already reviewed and published their zones for public use, Bradbury remains unpublished and the zones remain hidden from public view until the City Council approves the use of the platform.
ANALYSIS
The LA County Fire Department has split Bradbury into five zones within the Genasys EVAC platform (Attachment 1). This split was created to accommodate a variety of variables such as population, number of vehicles, area size, and the number of structures.
The agency leads that are responsible for collaborative evacuation using these zones in Bradbury are the LA County Fire Department and LA County Sheriff Department. Below are the zone boundaries found in the evacuation pre-plan guide (Attachment 2):
Evacuation Zone Boundaries
BRA-001Z:
• North of: Royal Oaks Drive North
• South of: Old Ranch Road
• East of: Lemon Avenue
• West of: Winston Avenue
BRA-E002:
• North of: Bliss Canyon Road, Deodar Lane
• South of: Norumbega Drive
• East of: Sawpit Lane, Norumbega Road
• West of: Bliss Canyon Road
BRA-E002-B:
• North of: Lemon Avenue, Royal Oaks Drive North ....
• South ot: Bliss Canyon Road, Van Tassel Motorway
....
• East of: Bliss Canyon Road, Lemon Avenue
• West of: Spinks Canyon Road
BRA-E003B-B:
• North of: Royal Oaks Drive
• South of: Mount Olive Drive
• East of: Woodlyn Lane
• West of: Conata Street
BRA-X003
• North of: Lemon Avenue
• South of: Palm Hill Lane
• East of: Wildrose Avenue, Madeline Drive, Deodar West Lane • West of: Circle Drive
FISCAL REVIEW
There is no cost to Bradbury for approving and publishing the preliminary zones for public use, as all expenses in relation to Genasys are covered by the County.
STAFF RECOMMENDATION
It is recommended that the City Council approve the use of the Genasys platform for future use with LA County Fire for evacuations.
ATTACHMENT #1
Canyon ck Canvon
sartity Morumber Dr пуол
Bradbury DUA-001
BRA-E002
MRV-406
D
Spinks Canyon.
Sawpit Li Starlite Dr High Mass
1-408 canyon Ro
Palm Rim Rd
lew Ave
BRA-E002-B vestvale Ro
V Ranch Rd
BRA-X003 Mount Olive
Ave MRV-033
Scott
Canyon
BRA-001Z BRA-E003B-B
D
Ave
032
MRV-034 Bradbury
Gardi St DU
Duarte Royal Oaks Di
DUA-0
. 50
ATTACHMENT #2
genasys
AV EVAC genasys
EVACUATION
PRE-PLAN
Generated: August 6, 2024
Document generated for Genasys EVAC's 5
selected zone(s) of the following counties:
CALIFORNIA
gpevac.genasys.com
EVACUATION ,genasys
PRE-PLAN AV ENAC
Table of contents:
ZONE NAME PAGE
US-CA-XLA-BRA-001Z 3
US-CA-XLA-BRA-E002 5
US-CA-XLA-BRA-E002-B 7
US-CA-XLA-BRA-E003B-B 9
US-CA-XLA-BRA-X003 11
BRADBURY
• North of: Royal Oaks Drive North US-CA-XLA-BRA-001Z
• South of: Old Ranch Road
BRADBURY • East of: Lemon Avenue
• West of: Winston Avenue
EVACUATION ZONE MAP
DRAFT
800 г
BRA-E002 Furlong
Deodar Ln
Oak Knoll In
Old Ranch Rd
Cacle
BRA-X003
BRA-E002-B
MRV-033
Ave
Woodlyn
Bradbury
La Casita Ln Ranchito Rd Sombrero Rd
Clty of
Bradbury City
Hall
Hacienda Dri Terrado Dr
MRV-034
600 ₫ Braewood
Orange Ave
0 0.26 0.51 mi
Royal Oaks Dr
DUA-012 DUA-013
MRV-035 - DUA-011 Powered by ESRI
ZONE SUMMARY AGENCY LEADS LINKS
83 Population 35 118 Law
Vehicles 51 102 Q Los Angeles Co Sheriffs Office
[o] Area 91 acres Fire
Structures 96 Los Angeles County Fire Department
CRITICAL EVACUATION FACILITIES
PUBLISHED: 11/21/2023 3 genasys
BRADBURY US-CA-XLA-BRA-001Z
• North of: Royal Oaks Drive North
• South of: Old Ranch Road
BRADBURY • East of: Lemon Avenue
• West of: Winston Avenue
TRAFFIC CONTROL & POTENHAL EVACUATION ROUTES
MRV-406 MRV-BRAFT
Caryon Ra
MRV-407 DUA-001
MRV-408 BRA-E002
Ocearview Ave
Deodar Ln uriong
BRA-X003 Old Ranch Rd
Wildrose Ave
Palm Ave
MRV-024 BRA-E002-B
Oakdale Ave MRV-033
Scott Canyon podlyn / I
Los Angeles BRA-E003B-B
Lemon Ave
Bradbury
MRV-032
MRV-034 Hacienda
Gardi Sti
MRV-031 Orange Ave
Daks Dr Royal Oaks Dr
St
1s1 St
Alin St
0 0.26 MRV-0350.51, mi DUA-011 DUA-012 DUA-013 DUA-014 DUA-015 Big 3rd St Chesson St
MRV-039 BL
Powered by ESRI
POTENTIAL TRAFFIC CONTROL POINTS & CLOSURES
Non- Traffic Traffic ZONE RESOURCE SUMMARY
ID Rank Type Name Sworn
Sworn Cones Barricades Lights System
Role Type Sum
POTENTIAL ROUTES
Priority Name Description
POTENTIAL ARRIVAL POINTS
ID Name Type
PUBLISHED: 11/21/2023 4 genasys
BRADBURY US-CA-XLA-BRA-E002
• North of: Bliss Canyon Road, Deodar Lane
• South of: Norumbega Drive
BRADBURY • East of: Sawpit Lane, Norumbega Road
• West of: Bliss Canyon Road
EVACUATION ZONE MAP
DRAFT
LAC-E168
2y o 0
BISS
MRV-402
MRV-403
Canyon
MRV-404
1200 1 Canyo
Oakcliff Bradbur
MRV-406 *
MRV-405
Bradoaks 900
Sycamores more 998 fl
Madeline Caryon Ra
Sawp BRA-E002-B
MRV-408 Hilt Starlite Dr
929 fl
w Ave Paim
Deodar Ln Furiong Ln
BRA-X003
Old Ranch Rd
seAve
Batta
MRV-032
MRV-033 BRA-001Z
ale Ave 0.47 0.95 mi
BRA-E003B-B
Scott Canyon
Powered by ESRI
ZONE SUMMARY AGENCY LEADS LINKS
83 Population 93 191 Law
Vehicles 72 144 • Los Angeles Co Sheriff's Office
Area 476 acres Fire
Structures 121 Los Angeles County Fire Department
CRITICAL EVACUATION FACILITIES
PUBLISHED: 03/13/2024 5 genasys
BRADBURY
• North of: Bliss Canyon Road, Deodar Lane US-CA-XLA-BRA-E002 • South of: Norumbega Drive
BRADBURY • East of: Sawpit Lane, Norumbega Road
• West of: Bliss Canyon Road
TRAFFIC CONTROL & POTENTIAL EVACUATION ROUTES
DRAFT
MRV-301 g
MRV-201 LAC-E168
MRV-302
MRV-402
MRV-403
MRV:203 MRV-303
Bliss
MRV-304 MRV-404
MRV-204
Ste MRV-307 Los Angeles s DUA-001
MRV-406 DUA-002
MRV-306
DUA-003-A
MRV-308 2
MRV-205 MRV-408
MRV-407
BRA-X003 Deodar Ln BRA-E002-B
Clifton
ve Middle Wildrose Av
Sch MRV-024 MRV-033
MRV:021 MRV-023 MRV-032 BRA-001Z Scott Cany? BRA-E003B-B DUA-005 Bradbury
0.47 MRV-0315 mi DUA-009-A
MRV-034
MRV-030 DUA-011 DUA-012 DUA-015DUA-016 DUA-008
MRV-028 g MRV-035 Powered by ESRI
POTENTIAL TRAFFIC CONTROL POINTS & CLOSURES
ID Rank Type Name Traffic Traffic ZONE RESOURCE SUMMARY Sworn Sworn Cones Barricades Lights System
Role Type Sum
POTENTIAL ROUTES
Priority Name Description
POTENTIAL ARRIVAL POINTS
ID Name Type
PUBLISHED: 03/13/2024 6
genasys
BRADBURY US-CA-XLA-BRA-E002-B
• North of: Lemon Avenue, Royal Oaks Drive North
• South of: Bliss Canyon Road, Van Tassel Motorway
BRADBURY • East of: Bliss Canyon Road, Lemon Avenue
• West of: Spinks Canyon Road
EVACUATION ZONE MAP
DRAFTLAC E168
MRV-402
MRV-403 Bra
Canyon
BRA-E002 DUA-001
MRV-406
DUA-002
Spinks Canyon
Carvon Rd
Starlite Dr
929 A
Rim Ro
ong
Old Ranch Rd
BRA-X003
Scott Canyon
MRV-033
BRA-001Z BRA-E003B-B
Lemon Ave DUA-005
Bradbury
Terrado C Elda St Roy Fard
adbur Bern
MRV-034 RoyalOak
1 Elementa
Se hool ardi S
Gardı St
DUA-008
Orange A
0.64 Royal 9.28 Mi
DUA-012 DUA-013 DUA-015 DUA-017
MRV-035, + DUA-011 DUA-014 DUA-016
Bak Bashor St 9 Powered by 58RI
2nd St Baylor St
ZONE SUMMARY AGENCY LEADS LINKS
23 Population 198 698 Law
Vehicles 92 184 Q Los Angeles County Sheriff's Department Area 365 acres Fire
Structures 127 Los Angeles County Fire Department
CRITICAL EVACUATION FACILITIES
Royal Oaks Manor - 48
Bradbury Oaks
PUBLISHED: 11/21/2023 / genasys
BRADBURY US-CA-XLA-BRA-E002-B
• North of: Lemon Avenue, Royal Oaks Drive North
• South of: Bliss Canyon Road, Van Tassel Motorway
BRADBURY • East of: Bliss Canyon Road, Lemon Avenue
• West of: Spinks Canyon Road
TRAFFIC CONTROL & POTENTIAL EVACUATION ROUTES
DRAFT
MRV-301
MRV-201 LAC-E168
MRV-302 MRV-402 MRV-403
MRV-303
MRV-203
MRV-304 MRV-404
MRV-204 MRV-307 BRA-E002 DUA-001 AZU-QRY01
MRV-406 DUA-002
MRV-206
MRV-308 DUA-004-A
MRV-205 MRV-407MRV-408 Los Ang
Deodar Ln
MRV-022 MRV-024 DUA-003-B
MRV-021 ViaMRV-023 MRV-033 BRA-001ZSBRA-E003B-B AZU-DUA02 Bradbury DUA-005
MRV-032 MRV-034 DUA-009-B AZU-GLF01
MRV-030
MRV-031 DUA-012DUA-013 DUA-015 DUA-AZU019
MRV-029
MRV-035 DUA-011. DUA-014 DUA-016 DUA-AZU021 AZU-IND01
o MRV-0380.64MRV-039 Da9As:022 DUA-023 DUA-029 AZU-DUA01 DUA-026
-MRV-Q1229 MRV-040 DUA-033 *DUA-024
DUA-027 IRW-E003-A IRW -FoWered by ESRI
POTENTIAL TRAFFIC CONTROL POINTS & CLOSURES
Traffic Traffic ZONE RESOURCE SUMMARY
ID Rank Type Name
Sworn Cones Barricades Lights System
Type Sum
POTENTIAL ROUTES
Priority Name Description
POTENTIAL ARRIVAL POINTS
ID Name Type
PUBLISHED: 11/21/2023 8 genasys
BRADBURY
US-CA-XLA-BRA-E003B-B
• North of: Royal Oaks Drive
• South of: Mount Olive Drive
BRADBURY • East of: Woodlyn Lane
• West of: Conata Street
EVACUATION ZONE MAP
DRAFT
Sim Ra
DUA-001
DUA-002
El Cielo Ln At Olive Dr
BRA-E002-B Markwood St
anyon
Conata St
DUA-005
Dalbo St
Elda St
Fairtee Ave Spring Point Dr
Freeborn St
Royal Oaks
Elementary
School
Gardi St ine yard Av
Gardi St
DUA-008
0.26 0.51 mi
Royal Oaks Dr
DUA-014/ DUA-015 DUA-016
- Pered by ESRI
ZONE SUMMARY AGENCY LEADS LINKS
S5 Population 900 148 Law
Vehicles 168 336 • Los Angeles County Sheriffs Department Area 193 acres Fire
Structures 167 Los Angeles County Fire Department
CRITICAL EVACUATION FACILITIES
- Royal Oaks Steam Academy 847
(K-8)
PUBLISHED: 11/21/2023 genasys
BRADBURY US-CA-XLA-BRA-E003B-B
• North of: Royal Oaks Drive
• South of: Mount Olive Drive
BRADBURY • East of: Woodlyn Lane
• West of: Conata Street
TRAFFIC CONTROL & POTENTIAL EVACUATION ROUTES
998 f DRAFT
Caryon Rd
DUA-001 DUA-004-A
BRA-E002
Rim Rd DUA-002 DUA-003-A
" Ln
El Cielo, as L mas Ra DUA-003-B
BRA-E002-B
DUA-007-A
Scott Canyon Moodlyn Ln
Los Angeles DUA-006-A
AV BRA-0012 DUA-005
Bradbury
Elda St Roi DUA-009FA
Royal Oak Bernwood s
Olive Dr Elementan
Gardi St School Gardi St
DUA-008 DUA-AZU019
Daks Park
§ 96104)
DUA-017
DUA-012 Atlin St DUA-WAS018
0.26 DUA-013 DUA-015 DUA-016 Bashor St
DUA-011• S1 0.914A-014
Ec DUA-020
3rd St hesson St D' DUA-AZU021
Powered by ESRI
POTENTIAL TRAFFIC CONTROL POINTS & CLOSURES
Non- Traffic Traffic PA ZONE RESOURCE SUMMARY
ID Rank Type Name Sworn Lights
Sworn Cones Barricades System
Role Type Sum
POTENTIAL ROUTES
Priority Name Description
POTENTIAL ARRIVAL POINTS
ID Name Type
PUBLISHED: 11/21/2023 10
genasys
BRADBURY
US-CA-XLA-BRA-X003
• North of: Lemon Avenue
• South of: Palm Hill Lane
BRADBURY • East of: Wildrose Avenue, Madeline Drive, Deodar West Lane • West of: Circle Drive
EVACUATION ZONE MAP
MRV-405 DRAFT MRV-403
MRV-406
ON
Sawpit BRA-E002
View Ave
Starlite
MRV-408
Paim
NAve
Deodar i Deodar Ln
Do ve
Old Ranch Rd
se Ave
Oakleat Ave Circle
m Ave
Barranca Rad
ile AMRV-032 MRV-033 BRA-001Z
Ave
E LemonrAv 1 Ave
0.27 0.54 mi
MRV-034 hito Rd ero Rd
Powered by ESRI
ZONE SUMMARY AGENCY LEADS LINKS
83 Population 69 128 Law
Vehicles 51 102 • Los Angeles Co Sheriff's Office
Area 123 acres Fire
Structures 81 Los Angeles County Fire Department
CRITICAL EVACUATION FACILITIES
PUBLISHED: 11/21/2023 genasys
BRADBURY
US-CA-XLA-BRA-X003
• North of: Lemon Avenue
• South of: Palm Hill Lane
BRADBURY • East of: Wlldrose Avenue, Madeline Drive, Deodar West Lane • West of: Circle Drive
TRAFFIC CONTROL & POTENTIAL EVACUATION ROUTES
MRV-305 MRV-404 MRV-402 DRAFT
MRV-307
MRV-403
MRV-405 MRV-406 Brad b
laryknoll
MRV-306
BRA-E002
Carton Ra
MRV-308 Sy
MRV-407 MRV-408 Starlite Dr
Ocearview Ave
Deodar Ln Furlong Ln
Los Angeles Old Ranch Rd
Wildrose Ave
Middle on
School BRA-E002-B
E Palm Ave
MRV-023 MRV-024 Oakdale Ave MRV-033
ovia E Lime Avel Scott Canyo
Jad
MRV-032 BRA-001Z
E Lemon Ave Lemon Ave
AVe Bradbury
MRV-030 MR7-031 0.54 mi MRV-034%
MRV-035 Orange Ave -DUA-011 Dr DUA-012 Pow@rdA69ESRI
POTENTIAL TRAFFIC CONTROL POINTS & CLOSURES
ID Rank Type Name ZONE RESOURCE SUMMARY
Barricades Lights System
Type
POTENTIAL ROUTES
Priority Name Description
POTENTIAL ARRIVAL POINTS
ID Name Type
PUBLISHED: 11/21/2023 12
genasys
CORPORATI
Richard Barakat, Mayor (District 3)
Richard I. Hale, Mayor Pro Tem (District 1)
Monte Lewis, Council Member (District 2)
Bruce Lathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Kevin Kearney, City Manager
DATE: August 20, 2024
SUBJECT: REQUEST BY THE RETIREMENT COMMUNITY TO UTILIZE THE CIVIC CENTER'S BACK PARKING LOT ON NOVEMBER 2, 2024
SUMMARY
During the August 2024 meeting, the City Council requested that an item be agendized during the September meeting to discuss the Retirement Community's request to utilize the back parking lot for their 65th anniversary gala event on November 2, 2024. The Retirement Community is expecting to utilize the services of a valet service and is anticipating usage of the back lot to take place between the hours of 3:00pm - 8:00pm.
The Retirement Community has offered to pay the City for the lot's usage. Should the City Council allow the Retirement Community to utilize the lot, Staff recommends that the Retirement Community cover the expenses to clean up the lot. The lot is relatively clean still from Bradbury Night Out but some touchups are expected by November to make the lot clean and safe enough to utilize.
It is recommended that the City Council direct Staff on how to proceed.
FOR CITY COUNCIL AGENDA AGENDA ITEM #
Richard Barakat, Mayor (District 3)
Richard Hale, Mayor Pro Tem (District 1)
Bruce Lathrop, Council Member (District 4)
D. Montgomery Lewis, Council Member (District 2)
Elizabeth Bruny, Council Member (District 5)
BRADBURY
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: David Gilbertson, City Engineer
DATE: August 20, 2024
SUBJECT: Rejection of Bids - Bradbury Road Widening Project ATTACHMENTS: 1) Bid Summary
2) Planholders List
SUMMARY
On May 21, 2024, plans and specifications for the Bradbury Road Widening Project were approved and the City Engineer was authorized to advertise and receive formal bids. No bids were received on the original bid opening date of June 27, 2024. As a result, City staff performed extensive contractor outreach, a new bid opening date was selected, and the project was re-advertised.
Multiple contractors that were contacted by staff expressed a strong desire to bid on the project. Unfortunately, on the second bid opening date of August 8, 2024, only one bid was received. The sole bidder was Baltazar Construction Inc. and their bid was significantly higher than the original engineer's cost estimate of $345,000.
It is recommended that the City Council: 1) reject all bids for the Bradbury Road Widening Project; and 2) table the project while City staff continues to monitor current construction industry trends to determine a more suitable time to re-bid the project.
BACKGROUND/ANALYSIS
No bids were received for the project by the original bid date of June 27, 2024. City staff then modified the contract documents to extend the bid opening date to August 8, 2024 and performed extensive contractor outreach. Consequently, eleven (11) contractors obtained the project plans and specifications.
Construction bids were received on August 8, 2024 for the Bradbury Road Widening Project with the City receiving only one (1) bid from Baltazar Construction Inc. in the amount of $1,091,432.96. The lowest bid submitted exceeds the Engineer's Estimate amount by 216%.
FOR CITY COUNCIL AGENDA AGENDA ITEM #
Bradbury Road Widening Project
The Bid Summary is attached for reference. Staffs analysis of the lowest bid found that 75% of the unit prices were more than double than the unit prices identified in the Engineer's Estimate, with a few unit prices exceeding 10 times those amounts. Also, fifteen (15) bid items were incorrectly calculated on the contractor's bid schedule.
Staff contacted the contractors on the planholders list to conduct a post-bid evaluation of the project. The planholders list is attached for reference. Our evaluation determined that due to the high volume of current construction activity, most contractors are unable to take on the additional workload and commence construction by our projected start date of September 15th, which is the end of the bird nesting season. Additionally, contractors were having difficulty in determining if they were going to bid the project as a prime contractor or a sub- contractor, as the inclusion of the landscaping items into the project as well as an almost even split of masonry retaining wall bid items and street improvement bid items made it difficult to meet the prime contractor requirements of 51% as stipulated in California's Public Contract Code.
Staff recommends that the single bid received by Baltazar Construction Inc. be rejected as being over-inflated compared to industry standards for current unit prices and to "table" the project for future bidding. This will allow staff to closely monitor trends in the construction industry and recommend a more suitable time to bid the project in hopes of obtaining more bids that are competitive with current unit prices.
In the interim, there are certain modifications to the project that can be made that could result in more competitive bids. The modifications are as follows:
• Include a provision in the specifications that reduces the Self-Performance requirement of 51% of work being performed by the prime contractor. • Separate the project into two (2) phases:
1) Bradbury Road widening (south end).
2) Wildrose Avenue Widening and Retaining wall construction (north end). • Modify the project scope regarding specific landscaping items that are not part of the required mitigation improvements in the approved CEQA documents.
None of the above-mentioned modifications will have an impact on our current environmental documents and would not result in a need for any further CEQA documentation.
FINANCIAL REVIEW
No fiscal impact results from the action of the City Council on this item. Future fiscal information will be obtained when the project is re-bid and will be presented at the time of contract award.
Bradbury Road Widening Project
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report are available at City Hail.
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Reject all bids for the Bradbury Road Widening Project;
2. Table the project for future bidding while City Staff monitors construction industry trends; and
3. Provide direction on project modifications to help facilitate competitive bids in any future bidding.
ATTACHMENT #1
RKAY
CONSULTING GROUP
398 Lemon Creek Drive, Suite E • Walnut, CA 91789
(909) 594-9702: (626) 331-8323 BID DATE: 8/8/2024 Summary of proposals received for:
Fax: (909) 594-2658 TIME: 11:00 A.M. Brabury Road Widening Project PLACE: BRADBURY CITY OF BRADBURY
Baltazar Construction Inc
Engineer's Estimate 236 E. Arrow Hwy.
Computed By: FR Covina, CA, 91722
ITEM ESTIMATED ESTIMATED ESTIMATED
DESCRIPTION UNIT UNIT PRICE UNIT PRICE
NO. QUANTITY AMOUNT
Clearing and Grubbing, Mobilization (BMP, SWPPP) LS $10,000.00 $ 10,000.00 S 8,500.00 8,500.00 Traffic Control LS $15,000.00 15,000.00 S 50.000.00 50,000.00 Unclassified Excavation (export) 85 CY 35.00 2,975.00 104.72 8,901.20 Variable Grind Existing A.C. Pavement 1,800 SF 1.00 1,800.00 5.30 9,540.00 Adjust Existing Manhole to Finished Surface EA 700.00 1,400.00 400.00 800.00 Remove Existing Pavement and Subgrade 4,700 SF 4.00 18,800.00 3.75 17,625.00 Remove Existing A.C. Berm 285 LF 2.00 570.00 $ 8.42 2,399.70 Remove Existing P.C.C. Curb and Gutter 40 LF 15.00 600.00 $ 25.00 1.000.00 Remove Existing P.C.C. Cross Gutter 100 SF 6.00 6A 600.00 $ 18.00 1,800.00 10 Remove Existing Block Wall 12 75.00 900.00 325.00
3,900.00
11 Remove Existing Chain Link Fence 340 LF 7.00 2,380.00 56.52 19,216.80 Remove and Salvage Existing Chain Link Fence
Posts and Fabric 115 20.00 $ 2,300.00 56.52 $ 6,499.80
13 Remove and Salvage Exsiting Corral Fence 155 8.00 1,240.00 118.06 18,299.30 14 Remove Existing Tree 10 $2,250.00 22,500.00 6,360.00 63,600.00 15 Remove Existing Tree Stump 500.00 1,500.00 2,500.00 7,500.00 16 Remove Existing Hedge 410 6.00 2,460.00 28.00 11,480.00 17 Swing Gate yakange Existing Power Operated
LS $ 1,500.00 $ 1,500.00 6,900.00 6,900.00
18 Remove and Relocate Existing Keypad LS 500.00 $ 500.00 2,200.00 2,200.00 19 Relocate Flood Lights onto New Fence EA 100.00 $ 200.00 250.00 500.00 20 Relocate Mailbox 300.00 300.00 750.00 750.00
Baltazar Construction Inc
Engineer's Estimate 236 E. Arrow Hwy.
Computed By: FR Covina, CA, 91722
ITEM ESTIMATED ESTIMATED ESTIMATED
DESCRIPTION UNIT UNIT PRICE UNIT PRICE
NO. QUANTITY AMOUNT AMOUNT
21 Re-Install Chain Link Fence 115 LF 15.00 $ 1,725.00 $ 59.13 6,799.95 Re-Install Swing Gate System with Post and
Braces, Includes Extension of Underground Conduit
and Wiring LS $ 3,000.00 $ 3,000.00 $ 20,700.00 20,700.00 Construct 6" P.C.C. Curb per SPPWC Std. Plan No.
23 120-3, Type A1-6. 205 LF 40.00 $ 8,200.00 $ 220.57 45,216.85 Construct 6" P.C.C. Curb and Gutter per SPPWC
Std. Plan No. 120-3, Type A2-6. 475 LF 40.00 $ 19,000.00 201.46 $ 95,693.50 Construct Modified 6" P.C.C. Curb per Detail on
25 Sheet 3 of the Plans 80 LF 55.00$ 4,400.00 $ 242.52 19,401.60 Construct P.C.C. Cross Gutter per SPPWC Std
26 Plan No. 123-3 to Match Existing 100 SF 25.00 2.500.00 222.52 22,252.00 Construct P.C.C. Driveway Approach per SPPWC
27 Sta. Plan 110-2, Type B. 115 SF 20.00 2,300.00 245.00 28,175.00 28 Construct 6" Crushed Miscellaneous Base 230 TON 40.00| $ 75.00 17,250.00 29 Construct 2.5" B-PG 64-10 A.C. Pavement 110 TON 110.00 12,100.00 300.00 33,000.00 30 Construct 1.5" C2-PG 64-10 A.C. Pavement 80 TON 125.00 10,000.00 $ 250.00 20,000.00 31 Construct 4" A.C. Driveway 475 SF 25.00 11,875.00 9.15 4,346.25 Construct Retaining Wall per Detail on Sheet 3 of
32 the Plans and per SPPWC Std. Plan No. 617-3 550 SF 100.00 55,000.00 176.05 96,827.50 Construct Masonry Retaining Wall Footing per
Detail on Sheet 3 of Plans 40 CY 800.00 $ 32,000.00 $ 4,958.33 198,333.20 Construct Stone Pilaster per Detail on Sheet 3 of
Plans EA $ 7,500.00$ 15,000.00 $ 12,620.65 25,241.30
Remove Concrete Cap and Build Up Existing Block
Wall with Additional Blocks, Reconstruct Concrete
35 Cap and Add Stucco Finish to Match New Wall LS $10,000.00$ 10,000.00 20,391.31 20,391.31 36 Construct 8' High Chain Link Fence 300 LF 20.00 $ 6,000.00 $ 121.33 36,399.00 Baltazar Construction Inc
Engineers Estimate 236 E. Arrow Hwy.
Computed By: FR Covina, CA, 91722
ITEM ESTIMATED ESTIMATED ESTIMATED
DESCRIPTION UNIT UNIT PRICE UNIT PRICE
NO. QUANTITY AMOUNT AMOUNT
Install Green Fence Privacy Mesh Screen Net on
37 Chain Link Fence 290 LF 5.00 $ 1,450.00 $ 21.03 6,098.70 38 Furnish and Plant 6'-9' Tall Ficus Nitida Tree Hedge 97 EA 275.00 $ 26,675.00 675.00 65.475.00 39 Furnish and Plant 24" Box Avocado Tree EA 500.00 3,000.00 1,200.00 7.200.00 40 Furnish 24" Box Oak Trees EA 300.00 2,400.00 400.00 3,200.00 41 Plant Oak Trees EA 150.00 1,200.00 400.00 3,200.00
Irrigation and Landscaping Improvements at the
42 Retaining Wall on Wild Rose Avenue LS $10,000.00$ 10,000.00 62,150.00 62,150.00 Signing & Striping LS $ 7,500.00 7,500.00 10,670.00 10.670.00 Protection, Signage, and Paving at Utility Poles LS $ 3,000.00 3,000.00 2,000.00 2,000.00 Total Base Bid: $ 345,050.00 1,091,432.96
Surety: U.S. Specialty Insurance Company
Incorrect bid calculations were
found and corrected in Bid Items 3,
12, 13, 14, 21, 23, 24, 25, 26,31,
Notes: 32, 33, 34, 36, 37.
ATTACHMENT #2
PLAN HOLDER'S LIST_2
City of Bradbury
Road Widening Project-August 8th
Name Address Company Ph. # Contact Email Contact Date Status PWXPress 1900 Coffeeport Rd
Jacksonville, FL 32208 408.676.8941 [email protected] Mary Miller 07.09.24 236 E. Arrow Hwy, Mark
Baltazar Covina, 91722 626.339.8610 Ostensen
[email protected] 310.927.1901 07.10.24
Joey Sandoval
909.646.2143
Ace Capital 21771 Fernleaf Dr. Lake 949.414.5006 Joey. [email protected] Ali Engineering Forest 92630 om Mohammandi, 07.10.24
PhD
949.333.9322
FS Contractors, 14838 Bledsoe Street 1. Angel
Inc. Sylmar 91342 818.838.6040 [email protected] 07.10.24 Fierros
GRBCON Inc. 5114 Elton Street John Gavigan
Baldwin Park 91706 626.699.2380 [email protected] 07.11.24 626.476.6839
Sequel 13546 Imperial Hwy.
Contractors,
Inc. Santa Fe Springs 90670 562. 802.7227 [email protected] Justin Pack 07.11.24 Construct 3825 Edwards Rd, Ste 800
Cincinnati, OH 45209 877-737-6482 [email protected] Scott Jonas 07.15.24 Connect 513.458.5892
Mission Paving 12747 Schabarum Ave. 626.452.8200 Simran Bains 07.16.24 Irwindale, 91706 [email protected] 626.833.6141
Gentry General 320 W. Tropica Rancho Rd. Dean Bates
Engineering Colton, CA 92324 909.330.1128 [email protected] 909.732.1663 07.16.24 United Paving Co 1880 N. Delilah Street Delaney Crump
Corona 92879 951.739.9200 [email protected] 07.16.24 714.949.4033
Perry C. Thomas 240 W. Duarte Road 626.303.4483 [email protected] Monrovia 91016 Steve Lewis 07.17.24
627 W. Allen Avenue
Grigolla and Sons 909.447.8530 [email protected] David Grigolla 07.23.24 San Dimas 91773-1447
Dodge 34 Crosby Drive, Ste 202
Construction 877.784.9556 [email protected] Brenda Cusack 08.01.24 Network Bedford, MA 01730
E&M Constructors, 308 S. Maclay Ave., Ste
510 818.470.1266 [email protected] Devra 08.05.24
Inc.
San Fernando, 91340
Richard Barakat, Mayor (District 3)
Richard T. Hale, Mayor Pro Tem (District 1)
Monte Lewis, Council Member (District 2)
Bruce Lathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Mario Flores, Management Analyst
DATE: August 20, 2024
SUBJECT: DISCUSSION ON USE OF CALRECYCLE FUNDS
ATTACHMENTS: 1. Photo of Current Drinking Fountain at Bradbury Civic Center
2. New Water Refill Station
SUMMARY
The City of Bradbury (City) annually applies for the CaRecycle Beverage Container Recycling City/County Payment Program and receives $5,000 each year. In the past, there have been challenges in expending these monies, as funds are restricted and may only be utilized to support activities related to container recycling and litter abatement. In previous years, the City expended CalRecycle funds through a grant program and partnered with surrounding cities. In 2020, water refill stations were added as an eligible activity and would allow the City to use funds to install water refill stations.
As such, the City paid for a water station to be installed in Monrovia Canyon Park, an area greatly affected by the Bobcat Fire. The City also later partnered with the City of Duarte to install a water station on the Royal Oaks path in the City of Duarte.
Last October, Staff presented the City Council with a rough cost estimate of water refill stations and pre-identified feasible areas, along with another option to donate the funds to a potential surrounding organization in the form of a grant program. As a result of the presentation, the City Council directed Staff to further analyze the purchase and install of a water refill station within the City, specifically on the Lemon Avenue Trail location at the north trailhead. After dialoguing with the RKA Engineering (RKA), LA County Public Works and the City's contracted landscaper, Staff was informed that installing a water refill station at the Lemon Avenue Trail location was unachievable. Staff has also fielded interest to explore the possibility of installing a new water refill station to replace the current drinking fountain at City Hall (Attachment 1) and received a total estimate of $7,600. It is recommended that the City Council provide direction on how to move forward with expending the CalRecycle funds.
BACKGROUND
The California Beverage Container Recycling and Litter Reduction Act provides funding to cities and counties for beverage container recycling programs. The funding source is the California Redemption Value (CRV) premium that is paid when consumers purchase beverages in glass bottles, cans, and plastic containers. Funding is distributed annually based on a per capita formula. Bradbury is entitled to receive $5,000 each year, and receiving the funds is as simple as completing an online form.
CalRecycle funds are restricted to the following eligible activities:
• New or existing curbside recycling programs
• Neighborhood drop-off recycling programs
• Public education promoting beverage container recycling • Litter prevention and cleanup where the waste stream includes beverage containers that will be recycled
• Cooperative regional efforts with two or more cities or counties, or both • Other beverage container recycling programs
• Adding Water Refill Stations
• Supporting AB 341 Mandatory Commercial Recycling requirements:
• Infrastructure for businesses to recycle beverage containers • Support for new or existing beverage container recycling programs for multi-family residential dwellings
• Public education and outreach that includes a beverage container recycling component.
In the past, the City partnered with the City of Duarte to sponsor their Earth Day event and with the City of Azusa to sponsor their Discovery Club, a pilot environmental program. In 2020, the City used CalRecycle funds to purchase a water refill station for the City of Monrovia, and later, an additional one in partnership with Duarte. The water refill stations were installed at Monrovia Canyon Park to assist with rehabilitation efforts after the Bobcat Fire severely affected the area, and on the Royal Oaks path in the City of Duarte.
ANALYSIS
Staff was only able to identify one feasible location to install a water refill station within the City, which is at the Bradbury Civic Center to replace the current fountain adjacent to the City Hall building. The City's contracted landscaper (Priority Landscaping) provided an estimate for $600 to install the station at this location. Installing a water refill station at the Lemon Avenue Location at the north trailhead was deemed unachievable by RKA, LA County Public Works, and Priority Landscaping due to a variety of reasons.
RKA states that the installation on Lemon Avenue is not practical because the project is too small for a Class A contractor to bid on the job, and a Class A contractor is required to perform work in the City right-of-way. RKA has recently witnessed that Class A contractors are too busy to bid on small, specialized projects. Further, LA County Public Works and Priority Landscaping stated that they are unable to install at Lemon Avenue due to a lack of resources.
Therefore, this year, the City Council could expend CalRecycle funds on qualified projects such as the purchase of a water refill station to be installed at the Bradbury Civic Center, or through a grant program to partner and help surrounding organizations with their environmental programs and events. If the City Council elects to expend funds through the grant program, Staff would release a Request of Grant Proposals to solicit projects from neighboring cities, educational institutions, and non-profit organizations.
Should the City Council desire to move forward with the water refill station installation, the following is the estimate of the purchase and installation of one (1) station located at the Bradbury Civic Center to replace the current drinking fountain:
Item Estimated Cost
Elkay Outdoor Water Bottle Filling Station (Attachment 2) $7,000 Installation (Labor) $600
Estimated Total $7,600
Costs of installation at the Bradbury Civic Center is reasonable because the water refill station could be connected to an existing Cal Am water service at the Civic Center site.
This would save the installation cost of a new Cal Am water service meter (savings of $5,000).
FISCAL REVIEW
The City currently holds a total of $14,279.38 to spend on eligible projects or programs. $5,000 expires on March 1, 2025 from Fiscal Year 22-23. Should the City Council decide to install the water refill station at the Civic Center before March 1, 2025, all costs would be covered. Should the City Council decide to move forward with a grant program, it is recommended that the Council decide the grant allocation amount.
STAFF RECOMMENDATION
It is recommended that the City Council provide direction to staff on how to move forward with CalRecycle funds. Should Council elect to install a water refill station at the Bradbury Civic Center, Staff will move forward with the purchase of a new station and will schedule the installation. Should the City Council desire to implement a grant program, staff will release a Request of Grant Proposals and return with any responses.
ATTACHMENT #1
ATTACHMENT #2
316 STAINLESS STEEL
Corrosion resistant base
material proviries the ultimate
pratection from the elements.
VANDAL-RESISTANT
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Made with tamper resistant screws
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ELKAY OUTDOOR EZH20 BOTTLE FILLING STATION
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Outdoor tubular drinking fountains and bottle filling stations are ideal for outdoor applications including educational campuses, recreational areas, office complex grounds, golf courses and parks.
ELKAY.
INCORPORATEC
Richard Barakat, Mayor (District 3)
Richard Hale, Mayor Pro Tem (District 1)
Monte Lewis, Council Member (District 2)
Bruce Lathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Kevin Kearney, City Manager
DATE: August 20, 2024
SUBJECT: ORDINANCE NO. 392: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BRADBURY AMENDING THE BRADBURY
MUNICIPAL CODE REGULATING PUBLIC NUISANCES TO
PROHIBIT TENTS, TARPS AND CANOPIES
ATTACHMENTS: 1) Ordinance No. 392
SUMMARY
At the July meeting, the City Council directed Staff to draft regulations to regulate tarps within the City. Ordinance No. 392 provides for such regulations.
It is recommended that the City Council introduce, waive reading in full, and authorize reading by title only of Ordinance No. 392, entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL
CODE REGULATING PUBLIC NUISANCES TO PROHIBIT TENTS, TARPS AND CANOPIES"
ANALYSIS
Section 9.124.050(3) of the Bradbury Municipal Code currently regulates temporary tents and canopies in the required setback areas. Regulations state that temporary tents and canopies of any size may be erected for a period that is not in excess of three consecutive days within any 30-day period. Current regulations are not clarified for regulating general tarp usage and do not specify regulations outside the setback areas.
FOR CITY COUNCIL AGENDA AGENDA ITEM #
Ordinance No. 392: Tarp Regulations
During the July meeting, Staff discussed regulating tarps with the City Council. Ultimately, the City Council directed Staff to return with an ordinance that regulates general tarp usage throughout the entire property. Ordinance No. 392 achieves this direction by declaring tents, tarps, and canopies a public nuisance.
Ordinance No. 392 states that tents, tarps, canopies, or other similar membrane structures shall not be located on private property visible from the street for more than three (3) days within any 30-period day unless allowed, with approval, by the City. The ordinance does allow for the City to issue a permit to allow for longer periods of time in cases of justifiable weather. The ordinance also repeals Section 9.124.050(3) since new language on tarp, tent, and canopy regulations are being established.
RECOMMENDATION
It is recommended that the City Council introduce, waive reading in full, and authorize reading by title only of Ordinance No. 392, entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL
CODE REGULATING PUBLIC NUISANCES TO PROHIBIT TENTS, TARPS AND CANOPIES"
ATTACHMENT #1
ORDINANCE NO. 392
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BRADBURY AMENDING
THE BRADBURY MUNICIPAL CODE
REGULATING PUBLIC NUISANCES TO
PROHIBIT TENTS, TARPS AND CANOPIES
THE CITY COUNCIL OF THE CITY OF BRADBURY DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.109.030 of Title IX, Part 6, Chapter 109 of the Bradbury Municipal Code is hereby amended to add a subsection (26) to read as follows:
Sec. 9.109.030. - Property maintenance standards; publie nuisance declared.
It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such manner that any of the following conditions are found to exist thereon:
(26) Tents, Tarps and Canopies. Tents, tarps, canopies or other similar membrane structures on private property, visible from any public or private street, and in place for all or any portion of three (3) days within any 30 day period, unless otherwise pursuant to a permit or other entitlement from the City. The City Manager may issue a permit to maintain such structure for a longer period in the event of expected or ongoing inclement weather justifying same.
Section 2. Subsection (3) of Section 9.124.050 of the Bradbury Municipal Code is hereby repealed,
Section 3. 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) under the general rule that CEQA does not apply to activities which can be seen with certainty to have no effect on the environment.
Section 4. 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 of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance. The City Council of the 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 Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this day of , _ , 2024.
Richard G. Barakat
Mayor
ATTEST:
Diane Jensen
City Clerk
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BRADBURY
I, Diane Jensen, City Clerk of the City of Bradbury, do hereby certify that the foregoing → was duly passed by the City Council of the City of
Bradbury, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the day of - 2024, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Diane Jensen
City Clerk
City of Bradbury
Richard Barakat, Mayor (District 3)
Richard T. Hale, Mayor Pro Tem (District 1)
Monte Lewis, Council Member (District 2)
Bruce Lathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Kevin Kearney, City Manager
DATE: August 20, 2024
SUBJECT: URGENCY ORDINANCE NO. 393U: AN URGENCY ORDINANCE
OF THE CITY OF BRADBURY, CALIFORNIA ADOPTING
CHANGES TO TITLE IX OF THE BRADBURY MUNICIPAL CODE
RELATING TO SHORT TERM RENTALS AND ADVERTISEMENT
OF SHORT TERM RENTALS IN THE CITY
ORDINANCE NO. 393: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BRADBURY AMENDING THE BRADBURY
MUNICIPAL CODE RELATING TO SHORT TERM RENTALS AND
ADVERTISEMENT OF SHORT TERM RENTALS IN THE CITY
ATTACHMENTS: 1) Urgency Ordinance No. 393U
2) Ordinance No. 393
SUMMARY
The City's current regulations on short-term rentals are not currently clear in regulating against short-term renting of swimming pools, athletic courts or yards. Urgency Ordinance No. 393U halts these activities immediately, and Ordinance No. 393 goes through the regular process of codifying changes in the City's municipal code.
It is recommended that the City Council adopt Urgency Ordinance No. 393U, which immediately amends the Bradbury Municipal Code relating to short term rentals in the City.
It is also recommended that the City Council introduce, waive reading in full, and authorize reading by title only of Ordinance No. 393, and set the second reading; and read the title or Ordinance 393, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOR CITY COUNCIL AGENDA AGENDA ITEM #
Amending the Code on Short Term Rentals
BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE RELATING TO SHORT TERM RENTALS AND ADVERTISEMENT OF SHORT TERM RENTALS IN THE CITY.
ANALYSIS
The City recently received a complaint that a resident is renting their property's swimming pool and advertising it online. In working with the City Attorney, Staff has determined that the City's municipal code is not clear in restricting such activities. Urgency Ordinance No. 393U immediately amends to municipal code to include the restricting of short term renting of a "swimming pool, athletic court, or yard" for a period of less than 30 consecutive days - similar to the short term renting of a dwelling unit or room (such as an AirBnB). Ordinance No. 393 works through the regular process of codifying changes into the City's municipal Code.
The following changes are proposed:
Section 9.25.020 - Definitions
Short term rentals means the rental of any portion of a property, including but not limited to, a dwelling unit or a room in a dwelling unit, swimming pool, athletic court, corral or yard, for compensation of consideration, (by way of a rental agreement, lease, license or any other means, whether oral or written) for less than thirty (30) consecutive days.
Section 6.11.040 - Advertising of short term rentals prohibited No person or entity shall maintain any advertisement of a short term rental prohibited under Sections 9.61.030, 9.64.030, 9.67.030, 9.70.030 and or 9.73.030 of this Code.
RECOMMENDATION
It is recommended that the City Council adopt Urgency Ordinance No. 393U, which immediately amends the Bradbury Municipal Code relating to short term rentals in the City.
It is also recommended that the City Council introduce, waive reading in full, and authorize reading by title only of Ordinance No. 393, and set the second reading; and read the title or Ordinance 393, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE RELATING TO SHORT TERM RENTALS AND ADVERTISEMENT OF SHORT TERM RENTALS IN THE CITY.
ATTACHMENT #1
URGENCY ORDINANCE NO. 393U
AN URGENCY ORDINANCE OF THE CITY OF BRADBURY,
CALIFORNIA ADOPTING CHANGES TO TITLE IX OF THE BRADBURY
MUNICIPAL CODE RELATING TO SHORT TERM RENTALS AND
ADVERTISEMENT OF SHORT TERM RENTALS IN THE CITY
WHEREAS, the City adopted Ordinance No. 359 in 2018 prohibiting short term rentals and advertisement of short term rentals in the City; and WHEREAS, Ordinance 359 prohibited short term rentals in dwelling units and rooms in dwelling units, but did not expressly prohibit short term rentals of other portions of properties, such as swimming pools, athletic courts and other portions of properties in the City; and
WHEREAS, short term rentals of swimming pools, athletic courts and other portions of properties in the City are frequently used for parties, and cause, or are likely to cause, nuisances for neighboring properties unless this ordinance goes into effect immediately.
WHEREAS, Government Code section 36937 provides authority for the City to adopt an Ordinance that goes into effect immediately for the immediate preservation of the public health, safety and welfare. The City Council hereby declares, by a four-fifths vote, that for the immediate preservation of the public peace, health or safety, there is an urgent need to adopt this Ordinance as an urgency ordinance without proceeding by means of introduction and adoption through the normal process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRADBURY DOES HEREBY ORDAIN AS FOLLOWS:
I Chaptet on or the Brey Desoment Conte inse Bradeny Municipal o ei hereby amended to read as follows:
Sec. 9.25.020. - Definitions.
***
Short term rentals means the rental of any portion of a property, including but not limited to, a dwelling unit or a room in a dwelling unit, swimming pool, athletic court, or yard, for compensation of consideration, (by way of a rental agreement, lease, license or any other means, whether oral or written) for less than thirty (30) consecutive days. ***
Section 2. Section 6.11.040 of Chapter 11 (Miscellaneous), Title VI, of the Bradbury Municipal Code is hereby amended to read as follows:
Sec. 6.11.040 - Advertising of short term rentals prohibited. No person or entity shall maintain any advertisement of a short term rental prohibited under Sections 9.61.030,
9.64.030, 9.67.030, 9.70.030 or 9.73.030 of this Code.
Section 3. The adoption of this Ordinance is not a project under CEQA as specified in SB 9.
Section 4. In accordance with Government Code section 36937, this Ordinance shall take effect immediately because of the need for the preservation of the public peace, health and safety as set forth in the Whereas clauses in the beginning of this Ordinance.
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this 20th day of August, 2024.
Richard G. Barakat
Mayor
ATTEST:
Diane Jensen
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BRADBURY
!, Diane Jensen, City Clerk of the City of Bradbury, do hereby certify that the foregoing ordinance, being Ordinance No. 393U, was duly passed by the City Council of the City of Bradbury, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 20th day of August, 2024, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Diane Jensen
City Clerk
City of Bradbury
-2- Urgency Ordinance No. 393U
ATTACHMENT #2
ORDINANCE NO. 393_
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BRADBURY AMENDING THE
BRADBURY MUNICIPAL CODE RELATING
TO SHORT TERM RENTALS AND
ADVERTISEMENT OF SHORT TERM
RENTALS IN THE CITY
THE CITY COUNCIL OF THE CITY OF BRADBURY DOES ORDAIN AS FOLLOWS:
Section 1. The definition of "short term rental" in section 9.25.020 of Title IX, Part III, Chapter 25 of the Bradbury Development Code of the Bradbury Municipal Code is hereby amended to read as follows:
Sec. 9.25.020. - Definitions.
***
Short term rentals means the rental of any portion of a property, including but not limited to, a dwelling unit or a room in a dwelling unit, swimming pool, athletic court, or yard, for compensation of consideration, (by way of a rental agreement, lease, license or any other means, whether oral or written) for less than thirty (30) consecutive days. ***
Section 2. Section 6.11.040 of Chapter 11 (Miscellaneous), Title VI, of the Bradbury Municipal Code is hereby amended to read as follows:
all sic in any ad Alivering of shorterm renta prohibid nd persons entit,
9.64.030, 9.67.030, 9.70.030 or 9.73.030 of this Code.
Section 3. 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) under the general rule that CEQA does not apply to activities which can be seen with certainty to have no effect on the environment.
Section 4. 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 of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance. The City Council of the 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 Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments. Urgency Ordinance No. 393U is hereby rescinded, however the provisions thereof are continued herein. Violations of said Urgency Ordinance No. 393U are not voided hereby.
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this _ _ day of. - 2024.
Richard G. Barakat
Mayor
ATTEST:
Diane Jensen
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 8.
CITY OF BRADBURY )
I, Diane Jensen, City Clerk of the City of Bradbury, do hereby certify that the foregoing ordinance, being Ordinance No. , was duly passed by the City Council of the City of Bradbury, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the _, 2024, that it was duly posted and that th thaiy Course dad on dopted by the following vote, to 202 AYES:
NAYS:
ABSENT:
ABSTAIN:
Diane Jensen
City Clerk
City of Bradbury
2 Ord. No. _
CORPORATE
Richard Barakat, Mayor (District 3)
Richard T. Hale, Mayor Pro Tem (District 1)
Monte Lewis, Council Member (District 2)
Bruce Cathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Kevin Kearney, City Manager
DATE: August 20, 2024
SUBJECT: RESOLUTION NO. 24-21: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BRADBURY APPOINTING TO THE OFFICES THE
PERSONS NOMINATED TO BE ELECTED TO FILL A VACANCY IN
THE OFFICES OF THE CITY COUNCIL FOR THE DISTRICTS OF 1, 2 AND 4 THAT WERE TO BE ELECTED AT THE GENERAL
MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024
(FOUR-YEAR TERMS)
ATTACHMENTS: 1) Resolution No. 24-21
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 24-21. The Resolution provides for the appointment of three members to the Offices of the City Council that were to go through an election on Tuesday, November 5, 2024. The Resolution also cancels the election.
DISCUSSION
A total of three (3) City Council seats are open for this year's General Municipal Election - one seat for each of the Districts 1, 2 and 4. The nomination period for the upcoming election closed on Friday, August 9, 2024 at 5:00 p.m. There were singular nomination papers filed for each of the vacant seats. This included:
FOR CITY COUNCIL AGENDA AGENDA ITEM #
Resolution No. 24-21: Appointments and Election Cancellation
NAME OFFICE TERM
Richard T. Hale, Jr. City Councilmember - District 1 2024-2028 Melodie Szymkowski City Councilmember - District 2 2024-2028 Bruce Lathrop City Councilmember - District 4 2024-2028 Pursuant to Elections Code Section 10229, the City Council can take the following actions:
1. Appoint to the office the person who was nominated.
2. Hold the election if either no one or only one person has been nominated.
Staff is recommending that the City Council adopt Resolution No. 24-21, which appoints Mr. Hale, Ms. Szymkowski, and Mr. Lathrop to their respective offices and cancels the election. Since each was singularly nominated to their Districts, a City Council appointment saves costs on holding an election.
Persons appointed by Resolution No. 24-21 shall quality and take office and serve exactly as if elected during the General Municipal Election that was scheduled for November 5, 2024.
FISCAL IMPACT
Should the City Council choose to cancel the November General Municipal Election, it would result in a cost savings of approximately $5,500.
ATTACHMENT #1
RESOLUTION NO. 24-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY APPOINTING TO THE
OFFICES THE PERSONS NOMINATED TO BE ELECTED TO FILL A VACANCY IN THE OFFICES OF CITY COUNCIL FOR DISTRICTS 1, 2 AND 4 THAT WERE TO BE ELECTED AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024 (FOUR-YEAR TERMS)
THE CITY COUNCIL OF THE CITY OF BRADBURY HEREBY FINDS AND RESOLVES AS FOLLOWS:
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected and Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Bradbury does hereby resolve, declare, determine and order as follows pursuant to Section 10229 of the Elections Code of the State of California:
SECTION 1. The following persons are hereby appointed to the offices to which they were nominated and are considered to be the same as being elected, pursuant to Section 10229(a)(3) of the Elections Code:
NAME OFFICE TERM
Richard T. Hale, Jr. City Councilmember - District 1 2024-2028 Melodie Szymkowski City Councilmember - District 2 2024-2028 Bruce Lathrop City Councilmember - District 4 2024-2028 SECTION 2. The general municipal election scheduled to be held on Tuesday, November 5, 2024, is now cancelled.
SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at the general municipal election heretofore scheduled for November 5, 2024 for the office of City Councilmember.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 5. The City Clerk shall be directed to forward a certified copy of this Resolution to the County of Los Angeles Registrar of Voters and formally request the cancelation of the general municipal election.
PASSED AND ADOPTED by the City Council of the City of Bradbury, State of California this 20th day of August, 2024, by the following vote:
MAYOR - CITY OF BRADBURY
ATTEST:
CITY CLERK - CITY OF BRADBURY
"I, Diane Jensen, City Clerk, hereby certify that the foregoing Resolution, being Resolution No. 24- 21, was duly adopted by the City Council of the City of Bradbury, California, at a regular meeting held on the 20th day of August, 2024 by the following roll call vote:" AYES:
NOES:
ABSENT:
CITY CLERK - CITY OF BRADBURY
Richard Barakat, Mayor (District 3)
Richard I. Hale, Mayor Pro Tem (District 1)
Monte Lewis, Council Member (District 2)
Bruce Lathrop, Council Member (District 4)
BRADBURY Elizabeth Bruny, Council Member (District 5)
City of Bradbury
Agenda Memo
TO: Honorable Mayor and Members of the City Council
FROM: Mario Flores, Management Analyst
DATE: August 20, 2024
SUBJECT: A RECAP ON BRADBURY NIGHT OUT
ATTACHMENTS: 1. Public Safety Committee Feedback
SUMMARY
events ago (first year post-COVID), the event hit approximately 180 people, which included vendors and residents. Last year, the event hit approximately just over 200 people. This year, the event had somewhere near 300 people. Event counts are based on reports from the food vendors since this is the event's only control-points.
One challenge encountered during the event was that the Habit Truck food vendor ran out of food. Based on last year's food count of approximately 200, Staff increased the anticipated count for this year to 230 expected guests, with an additional 20% reserve of food to accommodate any excess beyond 230. However, the food vendor still ran out of food after preparing all the reserved meals and serving 275 meal tickets, leaving approximately 20 people still waiting in line to order. Based on reports from the food vendor, the event's attendance is rapidly increasing each year.
The Bradbury Public Safety Committee has provided feedback to Staff on the BNO event, which has been documented (Attachment 1). This item allows the City Council to provide their own feedback, which Staff will also document and use when planning next year's event commences in the winter.
ATTACHMENT #1
Bradbury Night Out Feedback: Public Safety Committee
Glows Grows
• Increase in attendees • Must consider ordering more food Jazz band was well liked to accommodate growing
People like seeing the animals attendance.
• Radios worked well for staff • Food and ice cream lines were • Lots of kids this year unusually long-1 hour wait for • More diversity in attendees some lines.
• Habit food was good Consider an additional food vendor • Weather was great, June is a good in lieu of ice cream truck. time to have it • PA system was not hooked up in
• Committee and Staff were able to the Council Chambers so people register a variety of residents for who were inside eating couldn't Blackboard Connect notifications. hear the raffle numbers during raffle.
• Jazz band was loud and some
attendees found it difficult to
verbally communicate to vendors.
• Consider moving jazz band to an
area away from vendors.
• Determine an efficient and safe
pathway to resident check-in at
PSC welcome booth.
• Vendor addition: California Native
Plant Society
• Consider an additional parking
area for resident attendees.
• Consider a porta-potty rental.
• Consider ice cream novelty cups
versus an ice cream truck to
reduce wait times.
• Additional signage for restrooms
and parking.
• Move the ham radio vendor to a
location where the use of radios
doesn't disturb other vendors.