MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, APRIL 17, 2018  MEETING CALLED TO ORDER:  The Regular Meeting of the City Council of the City of Bradbury was called to order by Mayor Lathrop at 7:00 p.m. Mayor PRESENT: Mayor Lathrop, Councilmembers Barakat, Hale  Lathrop led the Pledge of Allegiance.  ROLL CALL:  and Lewis  ABSENT: Mayor Pro-Tem Pycz Analyst Santos Leon  STAFF: City Manager Kearney, City Attorney Reisman, John Leveillee (RKA), City Clerk Saldana and Management Councilmember Barakat made a motion to excuse Mayor Pro- Tem Pycz from the meeting. Councimember Hale seconded Councimember Lewis made a motion to approve the agenda (without Item #6) to proceed with City business. Council- member Hale seconded the motion which carried. Inc compliance with the California Political Reform Act, each City Councimember 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 City Attorney Reisman stated that he was not aware of any  MAYOR PRO-TEM PYCZ EXCUSED: APPROVAL OF AGENDA:  the motion, which carried unanimously.  DISCLOSURE OF ITEMS REQUIRED BY GOV. CODE SECTION 1090 & 81000  ETS SEQ,:  items.  conflicts of interest. None  PUBLIC COMMENT: CONSENT CALENDAR:  All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless a Councimember requests otherwise, in which case the item will be removed and considered by separate action. All Resolutions and Ordinances for Second Reading on the Consent Calendar are deemed to "waive further reading and A. Minutes - Regular City Council Meeting of March 20, 2018 B. Resolution No. 18-09: Demands & Warrants for April 2018 C. Monthly Investment Report for the month ofl March 2018 D. Quarterly Budget Review (as of March 31,2 2018) E. Appointment of City Treasurer . Second Reading and Adoption of Ordinancel No. 356: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, AMENDING THE BRADBURYI MUNICIPAL CODE REGARDINGI UNINHABITED RESIDENTIAL PROPERTIES  adopt."  Minutes CC Meeting April 17, 2018 Page 1 of10    ITEM El PULLED FROM CONSENT CALENDAR:  Mayor Lathrop pulled Item #B (Demands & Warrants) from the Consent Calendar. Mayor Lathrop stated that Check No. 14956 int the amount of $59,855.20 payable to Michael Baker International for Oaks View Estates should be approved after the Special Meeting (Discussion and Direction regarding City Manager Signing Authority on Contracts). Mayor Lathrop made a motion to approve the Demands & Warrants minus Check Councimember Barakat made a substitute motion to approve Resolution No. 18-09 (Demands & Warrants for April 2018) as presented. Councimember Lewis seconded the motion, which was carried by thet following roll call vote: AYES: Councilmember Barakat, Hale and Lewis NOES: Mayor Lathrop ABSENT: Mayor Pro-Tem Pycz Motion passed 3:1  No. 14956.  MOTION TO APPROVE DEMANDS & WARRANTS:  APROVED:  MOTION TO APPROVE CONSENT CALENDAR: APPROVED:  Councimember Barakat made a motion to approve the Consent Calendar minus Item #B (Demands & Warrants) as presented. Councilmember Lewis seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Councilmember Barakat, Hale, Lewis  NOES: None ABSENT: Mayor Pro-Tem Pycz Motion passed 4:0  ORDINANCE NO 355 - AMENDING THE BMC REGARDING PROPERTY MAINTENANCE STANDARDS: POWER POINT PRESENTATION:  Before starting the discussion regarding Ordinance No. 355, the City Clerk asked those in attendance wishing to address the Council during the public hearing to fill out speaker cards. City Manager Kearney gave a program overview on Code Enforcement in the City of Bradbury. Mr. Kearney stated that Code Enforcement is established in communities to improve the quality of life for those that live and do business in a City. It also provides residents with a safe, healthy, and quality City Manager Kearney continued to state that the most  environment.  common nuisance complaints are: Accumulation of junk and debris Overgrown vegetation Storage of junk cars Fire hazards Abandoned building Discarded furniture Garbage containers left out  Int the past, Code Enforcement was done by the Building Inspector. Presently, most Code Enforcement cases are handled by the City's Community Services Officer (CSO).  Minutes CC Meeting April 17, ,2018 Page2of10    HISTORY OF ORDINANCE NO. 355:  City Manager Kearney stated that at the February meeting, the City Council reviewed the City's current Property Maintenance Standards. At the direction of the City Council, staff presented draft Ordinance No. 355 at the March City Council meeting. The purpose of the Ordinance is to strengthen property maintenance standards and to address water and landscaping Itis recommended that the City Council introduce, waive reading in full, and authorize reading, by title only, Ordinance No. 355: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE REGARDINGI PROPERIYMANTENANCE STANDARDS. To avoid confusion about a flyer that read IMPORTANT NOTICE that was distributed over the weekend, it was clarified that the notice did not come from City Hall. Mayor Lathrop stated that at the March meeting he was the only Councilmember opposing the draft ordinance as written and was outvoted 4:1. Mayor Lathrop stated that he personally distributed the flyer to inform residents of the language in the ordinance and to urge residents to attend the meeting tonight and voice their opinion regarding this matter. The notice reads: "These laws mean the City will be inspecting your property for anything that they deem "unsightly." City personnel will be applying their subjective view to your paint, fences and walls, along with driveway approaches no longer needed. If they find anything THEY DONT LIKE, the City may use its police power to convict you of a misdemeanor (A CRIMINAL OFFENSE) and hold a public hearing to assess your property. If you don't comply, they can hire contractors at your expense to "fix" the problem WITHOUT YOUR PERMISSION. The assessment could also go on your property tax bill or be places as a JUDGMENT LIEN on your property. In either case, they can FORECLOSE ON YOUR PROPERTY to collect the Councilmember Barakat addressed the audience stating that the Ordinance is needed to deal with abandoned properties, squatters, fires, and lack of pool maintenance, not to take away properties from residents. City Manager Kearney added that over the last 10 years the City had zero abatement actions and Mayor Lathrop thanked everyone in the audience for attending and opened the public hearing for public comments: Dan Lien, 31 Woodlyn Lane Brian Hamill, 728 Winston Avenue Anne Armstrong, 1775 Royal Oaks Drive North Mike Misik, 645 Mount Olive Drive Karen Flaherty, 635 Mount Olive Drive John Hervey, 21 Woodlyn Lane Walt Dahlem, 160 Mount Olive Drive Mary Lou Herrera, 1459 Lemon Avenue Chris McMahon, 428 Mount Olive Drive (per email)  services for unoccupied properties.  RECOMMENDTION:  FLYERINOTICE DISTRIBUTED TO RESIDENTS OVER THE WEEKEND:  assessment."  COUNCILMEMBER BARAKAT:  only 1 court case.  PUBLIC HEARING OPENED: PUBLIC TESTIMONY:  Minutes CC Meeting April 17, 2018 Page 3 of10    Dan Lien, 31 Woodlyn Lane, stated that he likes the rural Brian Hamill, 728 Winston Avenue, stated that there were lots of problems with the vacant property at 1533 Royal Oaks Drive North (squatters) and supports a stronger ordinance. Anne Armstrong, 1775 Royal Oaks, stated that the adoption of this Ordinance was not mentioned in the Bradbury Newsletter. Ms. Armstrong also stated that she does not have a paved driveway and does not want to change that. Mike Misik, 645 Mount Olive Drive, inquired why we always compare ourselves to the City of San Marino. We don't want to Karen Flaherty, 635 Mount Olive Drive, stated that she and her boyfriend have lived in the City for 12 years and they do not want to go to jail over a cracked driveway or peeling paint. John Hervey, 21 Woodlyn Lane, stated that the language in the ordinance could be dangerous in the wrong hands. Walt Dahlem, 160 Mount Olive Drive, stated that he is 92 years old and has lived in Bradbury for a long time in the City of Bradbury. Mr. Dahlem stated felt that the City should notify its residents. City Manager Kearney stated that all agendas and minutes are posted on the City's website and residents can Mary Lou Herrera, 1459 Lemon Avenue, stated that she has problems with an abandoned pool on the property next door. Mr. Herrera also stated that she has seen pregnant Chinese ladies two houses up from City Hall. City Manager Kearney reiterated that this what the proposed ordinance is for. Mayor Lathrop closed the discussion for public comment. Councilmember Hale stated that no one in the City is looking at Mayor Lathrop disagreed and also stated that he reached out tot the City Attorney and received no help. Mayor Lathrop stated that the word "unsightly" is too vague. Mayor Lathrop also stated that people are afraid of Government. Mayor Lathrop made a motion to reintroduce Ordinance No. 355 with three changes (Sections 5, 7 and 19). There was no  tranquility of Bradbury.  be like San Marino.  contact staff at City Hall anytime.  PUBLIC COMMENT CLOSED: DISCUSSION:  cracked driveways.  FIRST MOTION:  second.  Minutes CC Meeting April 17, 2018 Page 4 of10    MOTION:  Following further discussion, Councimember Lewis made a substitute motion to reintroduce Ordinance No. 355, remove the word' "unsightly" from the Ordinance and' "publish" the entire Ordinance on the City's website, and place it on the May 15 agenda for Second Reading and Adoption. Councilmember Barakat seconded the motion, which was carried by the following roll call vote: AYES: Councimember Barakat, Hale and Lewis NOES: Mayor Lathrop ABSENT: Mayor Pro-Tem Pycz Motion passed 3:1  APPROVED:  5-MINUTE RECESS: ROYAL OAKS DRIVE NORTH CURB EXTENSION:  The City Council called for a 5-minute recess.  City Manager Kearney stated that the City receives restricted funds annually from a number of sources for the upkeep and maintenance of City roads. To date, the City has $290,362 in these type of funds. Of this amount, the City must move forward toward spending $7,500 this fiscal year or risk losing John Leveillee (RKA) stated that one of the projects identified which would qualify for these restricted funds is the Royal Oaks Drive North Curb Extension, as the curb in this area is currently underdeveloped. RKA has prepared estimates on both the development of the south/west sides only ($22,096.50) and development of the full intersection ($75,432.00). One option is to install curb and gutter along the south and west side of Royal Oaks Drive North and along both sides of the roadway; however, it will not be possible to correct the drainage issue without constructing the curb and gutter along The second option is to complete reconstruction of the roadway where it crosses the Trail and the construction of curb and gutter along both sides of Royal Oaks Drive North. An enhanced Trail crossing and minor improvements to the trail will bei included to improve the drainage condition at this area. Itisn recommended that the City Council review the estimates for the Royal Oaks Drive North Curb Extension project and provide direction to staff on how to proceed. Should the City Council decide to fund a curb extension project, it is recommended Resolution No. 18-10 be adopted in order to The City Council stated that staff needs to have a discussion with the City of Duarte first. City Manager Kearney stated that the City has to earmark the money now by adopting the Resolution. The City Council reviewed the Resolution and suggested some amendments. City Manager Kearney stated  these funds.  OPTIONS:  both sides of the roadway.  RECOMMENDATION:  redirect funds to the designated project.  DISCUSSION:  that the Resolution is just at template.  Minutes CC Meeting April 17, 2018 Page 5 of10    MOTION:  Councimember Barakat made a motion to adopt Resolution No. 18-10 (as amended) and directed staff to do a full survey of the Royal Oaks Drive North Curb Extension Project. Councilmember Lewis seconded the motion, which was carried AYES: Mayor Lathrop, Councilmembers Barakat, Hale, Lewis  by the following roll call vote: NOES: None ABSENT: Mayor Pro-Tem Pycz Motion passed 4:0  APPROVED:  LEMON TRAIL RECONSTRUCTION:  John Leveilee (RKA) stated that the Lemon Trail was constructed around 2005 and was dedicated to the City under two parcel maps (PM No. 26407, recorded July 18, 2005, and PM No. 61576, recorded December 28, 2005). Over the years, the City has received complaints about the trail having run-off into the Royal Oaks Drive North Street and clogging private drains of properties adjoining the trail. Unfortunately, neither the City nor RKA can locate plans for the trail, as the trail was During the November 2017 meeting, the City Council authorized RKA to survey the trail and develop plans for approximately $5,000. The monies to do the initial survey was The results of RKA's survey have been completed, and this report provides the Council with two different options for  constructed prior to RKAJ joining the City.  taken from TDAI restricted funds.  remediation:  $57,465.50 - Complete the full remediation $43,230.62 - Reduce the scope of work to only 65% of Itis recommended that the City Council consider the Lemon Trail Reconstruction Project and direct staff on how to proceed. John Leveille stated that Decomposed Granite (DG) is not good on slopes or horse trails because it erodes quite easily. There are now new materials available which are designed for trail applications. Regardless of the level of rehabilitation, annual maintenance is required to ensure the facility lasts throughout the years. Any facility, regardless of how well it is designed and constructed, will deteriorate without proper maintenance. Councilmember Barakat made a motion to proceed with the full remediation of the Lemon Trail in the amount of $57,465.50. Councilmember Lewis seconded the motion, which was carried AYES: Mayor Lathrop, Councilmembers Barakat, Hale, Lewis  the remediation work  RECOMMENDATION: DISCUSSION:  MOTION:  by the following roll call vote: NOES: None ABSENT: Mayor Pro-Tem Pycz Motion passed 4:0  APPROVED:  Minutes CC Meeting April 17,2018 Page 6 of10    PLANTING OF TREES:  Management Analyst Scarlett Santos Leon stated that during the March meeting there was al brief discussion on whether the City is interested in replacing the trees scheduled for removal by Mariposa. The item was agendized for tonight for further Iti is recommended that the City Council review the proposed options and provide staff with direction on how to proceed. Councilmember Barakat questioned why the City would provide free trees to citizens. Mr. Barakat also inquired if the City requires a permit to plant a tree. City Manager Kearney replied no. Councilmember Barakat asked what would happen if the replacement tree dies. Would the City buy another tree? Councilmember Hale suggested staff send a letter to the affected homeowners notifying them of the scheduled tree removal and asking them to contact City Hall with any City Manager Kearney stated that the tree removal is scheduled for next week. Door hangers were distributed last week and staff has not heard back from anyone. City Manager Kearney stated that staff will follow up with a letter to the affected residents. No further action was taken. The City Council adjourned to a Special Meeting to discuss "City Manager Signing Authority on Contracts." PRESENT: Mayor Lathrop, Councimembers Barakat, Hale  discussion.  RECOMMENDATION: DISCUSSION AND DIRECTION TO STAFF:  concerns.  SPECIAL MEETING: ROLL CALL:  and Lewis  ABSENT: Mayor Pro-Tem Pycz  STAFF: City Manager Kearney, City Attorney Reisman, City Clerk Saldana and Management. Analyst Santos Leon  PUBLIC COMMENT: ON CONTRACTS:  None  CITY MANAGER SIGNING AUTHORITY  Staff is seeking direction regarding the handling of Special Services Agreements with consultants regarding large development projects where the developer is asked to deposit funds to pay for the added costs associated with processing the As the City prepares to receive similar contracts at the end of this month, staff is requesting direction from the City Council on how best to proceed in situations like these. The City has two large project applications in progress (Oak View Estates and Chadwick Ranch), each of which consists of over 100 acres in development. The projects are complex, the environmental reviews are extensive, and the process can take a considerable amount of time to undergo. As a result, developers oftentimes want to expedite the process, knowing that streamlining the process can result in significant time  project(s).  BACKGROUND:  savings in the long run.  Minutes CC Meeting April 17,2018 Page7of10    To accommodate the need for time sensitivities, the City offers unique services that usually are only applicable to these large developments, such as additional planning and environmental services, which are paid for with developer funds. One method the City occasionally utilizes in expediting these projects is by having the City Manager approve contracts for such services and deposits, drafted by the City Attorney, and having the City Council ratify the contracts at the next City Mayor Lathrop started by reading his comments (officially submitted for the record and attached hereto). Mayor Lathrop stated that he questioned one of the warrants presented tonight made out to Michael Baker International in the amount of $59,855.20 (Check No. 14946) for professional services rendered for Oak View Estates, stating that the Mayor should have signed the contract. Mayor Lathrop also stated that no one (City Council, City Manager, City Attorney) in the City wants to talk to him about this issue and questioned when the City Council became involved with a "private slush fund" to move projects forward. Mayor Lathrop urged the City Council to have a Special Meeting to approve the next contract and stated City Attorney Reisman stated that the deposits made by developers are not public funds and that the payments (checks) still have to be approved by the City Council. The City Council authorizes the City Manager to sign the contracts to get started. Mayor Lathrop asked about the section to ratify the contract. Mayor Lathrop also stated that the auditors responded to the City confirming that this practice is legal. Mayor Lathrop stated that the auditors are wrong and suggested to get new auditors. The Council pointed out that the only person who does not think this is legal is the Mayor. Mayor Lathrop threatened to Councilmember Lewis inquired if the contract is contingent on City Council approval. City Attorney Reisman replied no. Councilmember Lewis stated that this cannot be a unique situation for Bradbury. Mayor Lathrop interjected by asking why not bring the contract to the City Council in the first place? Councilmember Barakat stated that according to Mayor Lathrop there is a conspiracy between the City Manager, City Attorney, Councimember Hale stated that he is really irritated with the Mayor for making these accusations, but stated that he would be ok with a Special Meeting. Mr. Hale also stated that he does not want the Mayor to "word-craft" the contract at the meeting. Councilmember Lewis stated that Mayor Lathrop wants to micromanage everything and that the City Attorney's and auditor's opinion on these matters should supersede the Mayor's opinion. Nothing is done secretly here.  Council meeting.  MAYOR LATHROP:  that he willi follow up on it.  DISCUSSION:  take this matter to the District Attorney.  the auditor and the developer.  Minutes CC Meeting April 17, 2018 Page 8 of10    Mayor Lathrop stated that the City should have gone out to bid and that the auditor is wrong, the City Attorney is wrong, and the City Manager refused to get a second opinion. City Manager Kearney stated that the City Attorney is appointed by the City Council. If the Mayor or any other City Councilmember has issues with the City Attorney or the City Manager, then that's a discussion for the full City Council. Mayor Lathrop made a motion for the City Council to hold a Special meeting, if necessary, to approve the contract for Chadwick Ranch to keep the project moving. Councilmember Lewis seconded the motion, which was carried by the following AYES: Mayor Lathrop, Councimembers Hale and Lewis  MOTION TO HOLD SPECIAL MEETING:  roll call vote:  APPROVED:  NOES: Councilmember Barakat ABSENT: Mayor Pro-Tem Pycz Motion passed 3:1  REGULAR MEETING RECONVENED:  The City Council reconvened to the Regular Meeting. City Manager Kearney stated that Congresswoman Judy Chu's office contacted staff regarding participation in this year's National Night Out event. The Council vote no by a 3:1 vote. City Manager Kearney stated that Anne Absey of Animazonia is asking to sell raffle tickets for a quilt and pictures during National Night Out. Mayor Lathrop had concerns and directed staff to find out if selling raffles tickets at this eventi is legal. City Attorney Reisman stated that the City Manager evaluation is coming up at the April meeting. Staff will include blank copies of the evaluation form with the Weekly Memo packet.  MATTERS FROM THE CITY MANAGER:  MATTERS FROM THE CITY ATTORNEY: MATTERS FROM THE CITY COUNCIL:  MAYOR LATHROP:  Mayor Lathrop stated that Superintendent Alan Muccerino was pushed out and will move on. This is a big loss for the Duarte  Unified School District. Not present Nothing to report  MAYOR PRO-TEM PYCZ: COUNCILMEMBER BARAKAT: COUNCILMEMBER HALE:  Councilmember Hale suggested to postpone the May 12, 2018 City Council-Planning Commission Retreat until after June. Planning Commissioner Susan Esparza (District Four) has resigned and District Five will get a new Councimember in June. A tentative date of August 18, 2018 was discussed for  the retreat. Nothing to report  COUNCILMEMBER LEWIS:  Minutes CC Meeting April 17, 2018 Page 9 of10    ITEMS FOR FUTURE AGENDAS:  Mayor Lathrop made a motion to schedule a Closed Session for another evaluation for the City Attorney (the last evaluation was in December 2017). The motion failed 3:1. Mayor Lathrop made a motion to discuss the Option for the City Manager to get a seconded (legal) opinion. The motion carried At 10:15 p.m. Mayor Lathrop adjourned the meeting to  4:0.  ADJOURNMENT:  Tuesday, May 15, 2018 at 7:00 pm. BM  MAYORECITY OF BRADBURY  ATTEST:  Claudia Sallone CITY CLERK -CITY OF BRADBURY  Minutes CC Meeting April 17, 2018 Page 10 of10    IMPORTANT NOTICE  The City of Bradbury will be adopting the new property maintenance laws in red below  APRIL 17 MEETING at' 7:00 P.M. Iurge you to attend and voice your objection.  These laws mean the city will be inspecting your property for anything that they deem "unsightly." City personnel will be applying their subjective view to your paint, fences and walls, along with driveway approaches no longer needed. Ifthey find anything THEY DON'T LIKE, the City may use its police power to convict you ofa misdemeanor (A CRIMINAL OFFENSE) and hold a public hearing to assess your property. Ifyou don't comply, they can hire contractors at your expense to "fix" the problem WITHOUT YOUR PERMISSION. The'assessment could also go on your property tax bill or be placed as a JUDGEMENT LIEN on your property. In either case, they can FORECLOSE ON YOUR PROPERTY to collect the assessment. (See BMC  $89.22.020, ,9.115.020, 9.115.030, 9.115.060, and 9.115.080-120. ')  BE INFORMED:  BE HEARDI  SHOW UPL  ORDINANCE NO. 355  ANORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE REGARDING PROPERTY MAINTENANCE: STANDARDS  THE CITY COUNCIL OF THE CITY OF BRADBURY DOES ORDAIN. AS FOLLOWS:  Sectionl. Section 9.109.020 ofTitle IX, Part 6, Chapter 109 oft thel Bradbury Municipal Codei is hereby amended to read as The property maintenance standards provided in this chapter arei intended to apply to all property located in the various zoning districts within the City. The term ublic ightofwayt as used hercin.includes any, private property within thes confinesofa Community Services Districts or Homeowners Association crving the ame purposc asapublic rights of way, Sec. 9.109.030. - Single-family property maintenance standards; public nuisance declared.  follows:  Sec. 9.109.020. 4 Applicability.  Section 2. Section 9.109.030 ofTitle IX, Part 6, Chapter 109 of the Bradbury Municipal Code is hereby amended to read as Itis hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises int the City to maintain such premises in such manner that any oft the following conditions are found to exist thereon: (1) Unsafe buildings. Buildings or structures which are structurally unsafe or which are not provided with adequate egress or which constitute a: fire hazard; or which are otherwise dangerous to human life; or which, in relation to existing use, constitute al hazard to safety or health or public welfare by reason ofi inadequate maintenance, dilapidation, obsolescence or abandonment. Buildings or structures maintained in violation oft the City's! building (2) Unsafe land. Land, thet topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems ofsuchr magnitude ast to be (3) Fire hazard. Premises maintained: so ast to constitute a fire hazard by reason of woods, rank overgrowth or accumulation (4) Abandoned buildings. Buildings which are abandoned, boarded up, partially destroyed, or permitted to remain  follows:  code;  injurious tot the public health, safety and welfare or to adjacent properties;  of debris;  unreasonably in a state of partial construction: (5) Unpainted buildings. Unpainted buildings or wateri.penstrate soas o cause or permil dry rot, decas L(7) bSLN alls Lences oresiriorwalls. (8) Overgrown vegetation. Overgrown vegetation:  jora aint allowing thes efects ofs sunor  warping ort termite infestation;  (6) Hazardous windows. Broken windows constituting hazardous conditions and inviting trespassers and malicious  mischief,    Likely to harbor rats, vermin ed 91 other nuisances; or b. Causing detriment to neighboring properties or property values; Constituting unsightly appearance; b. Dangerous to public safety and welfare; or C. Detrimental to nearby property or property values;  (9) Hazardous vegetation. Dead, decayed, diseased orl hazardous trees, weeds and other vegetation:  (10)Front) yard storage. Trailers, campers, boats, recreational vehicles, construction equipment or other mobile equipment stored or parked for more than seven consecutive days, or more than 14 days in any calendar year, in the (11)Motor vehicles. Motor vehicles stored in required yard areas abutting public soprivats streets and causing or likely to  front yard areas on any premises; Inoperable; . abandoned;. Wrecked: d. Dismantledsr the public rightof_way  cause depreciation of nearby property values which vehicles are:  e. Onsmubi.hutstors. arumsawouttslw oftime wwithout being driven  (12) mpad Parking Ans vehicleparking oI unpaved areas which are not designed as driveways.siible ftom  (13)  Attractive muisance. Attractive nuisances dangerous to children in the form of;  a. Abandoned: and broken equipment; b. Hazardous pools, ponds and excavations; and C. Neglected machinery; Clotheslines. Clotheslines in front yard areas; lawfully placed for collection at the times permitted therefor; unreasonable periods, and causing detriment to neighboring properties; Neglected premises. Neglect of premises: a. Tos spite neighbors; Toi influence zone changes; or any public rights of way such as:  (14)Discarded) furniture. Broken or discarded furniture and household equipment in front yard areas rvisible.from the public rightofway for unreasonable periods and causing damage or detriment to neighboring properties; (16)Garbage containers. Garbage cans stored in front or side yards or visible from public orprivate streets, except when (17)Boxes and debris. Packing boxes and other debris stored in yards and visible from public D private streets for  (15)  (18)  To cause detrimental effect upon nearby property or property values;  (19)Publie Right of Wo.Conditions not comporting with safe clean.orderls. or sanitary maintenance ons or adiacenttol  Ansl dirt litter. debris. rubbish. weed or any other. kind ofwaste or unsanitary material ofs any kind: Any curbs cuts or driveway approach.or portion thercof which is no longer needed or which no Jonger Any curb, sidewalk. parkway.or drivewas whichs cracked. broken. or atherwise in needol repair. (20)4 Lack of maintenance. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare ori in such manner as to constitute aj public nuisance as defined by Civil Code $ 3480; (21)Unsightly, property. Property maintained in such condition as tol become sO defective, unsightly ori in such condition of deterioration or disrepair that the same causes depreciable diminution oft thej property values ofs surrounding (22) Premises out of harmony. Maintenance of premises SO out of! harmony or conformity with the maintenance standards ofa adjacent properties as to cause substantial diminution ofthe enjoyment, use, or property values of (23)L Depreciated value efèct. Property maintained (in relation to others) so as to establish aj prevalence ofd depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein; (24)Oversize vehicles. The parking of an oversize vehicle, for more than seven consecutive days, or more than 14 days in any calendar year, int the front yard is prohibited; provided, however, that this provision shall not apply to the parking ofa currently registered oversize vehicle in any area ofthei front yard that the Planning Commission has determinedi to be appropriately located and designed fors such activity. As usedi in this provision, the term' "oversize vehicle" means a vehicle that exceeds either 20 feet in length, 80 inches in width, or 82 inches in height.  provides vehicular access 1o the adjacent premises: replacement.or maintenance.  properties or is materially detrimental to proximal properties and improvements;  such adjacent properties;  Bradbury Municipal Code ("BMC"): tp.cbobasnhup.osan sexmunicipalisnle  - City Staffand Council Contact emails: http: wwdibothradhur. r.cisha  counci and  htps wwweibolhpdhur, org city- -hal    (5) Unpainted buildings. Unpainted buildings or buildings with peelingor deteriorating paint allowing the effects ofsun or water to penetrate soast to cause or permit dry rot, decay. cracking, warping or termite infestation and causing or likely to cause depreciation of nearby property values;  (7) Fences or Walls. Fences or exterior walls which are unsightk.unsafe. or in a state of disrepair and therebycausing or likely to cause depreciation of nearby property  values, a. a. b. C.  (19) Public Right of Wav. Conditions not comporting with safe. clean, orderly, oT sanitary  maintenance on or adiacent to any public right of way.such as:  Any dirt. litter, debris. rubbish, weed or any other kind of waste or unsanitary Any curb cut or driveway approach. or portion thereof. which is no longer needed or. which no longer provides vehicular access to the Any curb. sidewalk. parkway. Or driveway which is cracked. broken. oI otherwise in need of repair.replacement or maintenance. where such conditions cause ora are likely to cause depreciation of nearby  material of any kind: adjacent premises:  property values.  Added language taken from subsection 11.    Comments Read and Submitted for the Record by Mayor Lathrop on April 17,2018 During the Special Meeting  Since February 27, 2018, Ihave spent a considerable amount oft time attempting to dissuade the City Attorney and City Manager oft their completely unsupported and unlawful position that the funds toj pay Michael Baker International ("MBI") in this matter are not public funds and, therefore, $Sec. 2.07.260 oft the Bradbury Municipal Code (BMC) does not apply. Section 2.07.260 says nothing about "public funds." It states that it applies when the amount or value involved is over $7,500. It does not matter ift the funds used come from some outside source. It's the amount or value oft the contract. When that threshold is met, the City Council must approve and enter into the contract. Specifically, the Code states, "[w/here the amount, or value involved, is over $7,500.00, the purchase, or disposal, shall be made by the City Council through competitive bid, upon notice as hereafter required by this chapter."  (Emphasis added.)  The Code also defines procurement" without reference to "public funds" and includes merely the acquisition of services, whether or not "purchased" by the City. Specifically, $2.07.030 provides that Procurement means the. . purchasing. or otherwise acquiring of any : services. The term procurement" also includes all functions that pertain to the sources, preparation and awards of contract and contract administration."  obtaining of any  service, including description ofi requirements, selection, and solicitation of  Finally, the Code states that the purpose of the procurement chapter is to safeguard the procurement system to maintain its quality and integrity. The City Attorney completely ignores this second purpose oft the Code and instead argues that all that matters is the first section which discusses public funds. Inj particular, $2.07.010 states that the purpose of the code section is "to maximize the purchasing value of public funds in procurement of goods and services needed for City purposes, and to provide safeguards for maintaining aj procurement system of quality and  integrity.  The City Manager also relies on the auditor's statement that the City is merely acting an agent for the developer inl hiring MBI. That is not the case. The City is required by law to do an Environmental Impact Report ("EIR") and provide city planning services, not the developer. These are services being acquired by the City. There is no agency contract contemplated and if there were, absent payment to the city to act as MBI's agent, serving as the developer's agent would be a gift of public funds. Moreover, the City would have a conflict of interest because THE CITY has the duty to complete the EIR and city planning. It can't do that and also serve as  the developer's agent.  For the same reason, the planned expenditures by the City are expenditures for the More generally, whati is happening here is the City is taking a deposit in lieu of charging fees. This approach does not change the "color of money" to private funds. These are public  City." The statement by the auditor that they are not is simply wrong.  funds.  1    In light of the foregoing, any contract with Michael Baker of $7,500 or more that is entered into by the City Manager will be invalid and ofr no force and effect and any payments made under those contracts will be unauthorized, subject to repayment, and an improper gift of  public funds.  Ihave emailed the City Manager to let him know of the requirements ofl Penal Code $424. This section provides that the City Manager or any City Council member who obligates money without authority ofl law, such as executing contracts in violation oft the BMC is guilty of  af felony. In particular, Penal Code $424 provides in part:  (a). Each officer of.. any city. charged with the receipt, safekeeping, 1. Without authority of law, appropriates the same, or any portion thereof,. - ...to Isp punishable by imprisonment in the state prison for two, three, or four years, and This Penal Code section was recently interpreted by the California Supreme Court in People V. Hubbard where it upheld the conviction of a school superintendent for misappropriating public funds for directing district payroll staff toj pay an employee a $20,000 stipend without school board approval. My understanding is that the anticipated Michael Baker In light of the above, Iurge the Council to comply with the City's procurement code and hold a special meeting to approve all contracts where the value or amount oft the contract exceeds $7,500, regardless ofhow the money is obtained. Ialso urge the Council in doing SO to reaffirm the city's commitment to conduct all its procurements in a lawful manner, even ifit requires  transfer, or disbursement of public moneys, who either:  the use of another.  is disqualified from holding any office in this state.  contracts are for considerably more than that.  extra work and more time to complete projects.  Mayor Bruce Lathrop City ofBradbury April17,2018  2