MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, DECEMBER 19, 2017  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 Lathrop led the Pledge of Allegiance. PRESENT: Mayor Lathrop, Mayor Pro-Tem Pycz, Councilmembers Barakat, Hale and Lewis  ROLL CALL:  STAFF: City Manager Kearney, City Attorney Reisman, City Planner Kasama, City Clerk Saldana and Management Analyst Councilmember Lewis made a motion to approve the agenda to proceed with City business. Councimember Hale seconded the Ino 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  Santos Leon  APPROVAL OF AGENDA:  motion which carried.  DISCLOSURE OF ITEMS REQUIRED BY GOV. CODE SECTION 1090 & 81000  ET 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 uniess a C 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 ofl November 21, 2017 B. Resolution No. 17-20: Demands & Warrants for December 2017 C. Monthly Investment Report for the month of November 2017 D. Approval of ar new Reimbursement. Agreement for al Proposed Subdivision and Development Project! known as' "Oak View Estates" Award of Contract to Team! Logicl IT of Pasadena for the City's Mayor Lathrop pulled items E and D from the Consent Calendar for discussion. In regards to item D City Manager Kearney stated that there was a tabulation error in the staff report and that the deposit with the City should be in the amount of $91,144.00. City Manager Kearney stated that the agreement has already been updated with the correct deposit amount, to be made within 10 business days of execution and  adopt."  int the City of Bradbury Information Technology Needs  ITEMS E&DPULLED FROM CONSENT CALENDAR:  delivery of the Reimbursement Agreement.  Minutes CC Meeting December 19, 2017 Page 10 of11    Section 19.6 oft the Agreement with Team Logic (item E) needs to be changed to state that the venue for any litigation shall be Los Angeles County instead of Orange County. Mayor Lathrop also asked staff to include the fee schedule (price list) to the With those changes, Councimember Hale moved to approve the Consent Calendar. Mayor Pro-Tem Pycz seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Mayor Pro-Tem Pycz, Councilmember Barakat, Hale and Lewis  minutes (attached).  MOTION TO APPROVE CONSENT CALENDAR: APPROVED:  NOES: None ABSENT: None Motion passed 5:0  APPEAL OF PLANNING COMMISSION APPROVALFOR 4061 MOUNT OLIVE DRIVE:  City Planner Kasama stated that the proposed project is for the construction of a new two-story 6,232 square foot Spanish-style single-family residence with accessory features, and includes the remodeling of the existing one-story 1,704 square foot residence to a Spanish-style accessory living quarter/guest The applicant, Mr. John Sheng, Architect, on behalf of the property owner, Dr. Victor De Los Santos, applied for Conceptual Plan Review No. CPR 16-011 on July 2016, which was concluded on August 22, 2016. The applicant was advised about applying for formal Architectural Review and Neighborhood Compatibility review, and that was done on May 12, 2017. Upon completion of review by the City's Development Team and adjustments to the proposed plans, the applications were considered by the Planning Commission at a public hearing on November 22, 2017. The Planning Commission voted 4:0 with one Commissioner absent to adopt Resolution No. PC 17-269 for the conditional approval of the proposed project. On December 1, 2017 the law firm of Fitzgerald-Yap- Kreditor LLP, on behalf of Mr. Hon K. Shing, the owner of the neighboring property at 412 Mount Olive Drive, filed a written appeal of the Planning Commission's decision with the City Clerk. The applicant's representative, Mr. David Meyer, has City Planner Kasama stated that the proposed project complies with the standards and requirements of the Bradbury Development Code. The details and analysis of the proposed project are contained in the Planning Commission staff report dated November 22, 2017. Staff concurs with Mr. Meyer's responses to the issues enumerated in the appeal letter. Itis recommended that the City Council open the public hearing and solicit testimony on the appeal of the proposed project, close the public hearing and determine that the findings can be made for approval of the project and a determination that the project is Categorically Exempt under CEQA, and make a motion to deny the appeal and uphold the approval of Architectural Review No. AR 17-006 and Neighborhood  house.  BACKGROUND:  provided a letter in response to the appeal.  FINDINGS:  RECOMMENDATION:  Minutes CC Meeting December 19, 2017 Page 2 of11    Compatibility No. NC 17-005, and adopt Resolution No. 17-21 Mayor Lathrop opened the public hearing and asked those wishing to speak in favor or opposition to come forward and be Deborah Rosenthal, attorney for Mr. Hon K. Shing, 412 Mount Olive Drive, summarized the reasons for the appeal: 1. The subject property at 406 Mount Olive Drive has not been staked with story poles and no view elevations have been prepared to ensure the appellant's view will not be obstructed by construction of a second home on 2. The proposed new home will be the second dwelling unit on a single lot, but it will be more than twice the size of an accessory unit allowed in the A-2zone. 3. The existing home is non-conforming as to setbacks in the A-2 zone. No new building or structure may be constructed on the same lot sO long as a non- conforming structure exists anywhere on the lot. The applications contemplate retention of the existing home as a non-conforming structure, sO the proposed second 4. The existing structure is non-conforming as to setbacks inthe A-2 zone. Although the structure was apparently conforming to the setback requirements when it was built prior to 1960, it was required to be abated within the time set forth in BMC Section 9.10.040.(2). To the best of our knowledge the structure became non- conforming as to setbacks more than 15 years ago, which is the maximum time allowed for abatement of a 5. The applications propose to remodel and expand the existing residence without eliminating or reducing the non-conformity. Alteration and enlargement of non- conforming structures is prohibited by BMC Section 9.10.040(1), except as required to eliminate the non- 6. The existing structure is non-conforming as to setbacks inthe A-2 zone. The applications propose to change the use of the existing home from a primary to secondary residence. Under BMC Section 9.10.040(1), a non-conforming structure must be abated upon any 7. The applications do not meet the neighborhood compatibility requirements in BMC Chapter 40. 8. The applications to not demonstrate adequate access toas second home from Mount Olive Drive. Mr. David Meyer, representing the property owner of 406 Mount Olive Drive, took the opportunity to express rebuttals to  denying the appeal. heard.  PUBLIC HEARING OPENED: PUBLIC TESTIMONY: APPELLANT:  the lot.  home falls within this prohibition.  non-conforming type V building.  conformity.  change in use.  APPLICANT:  the allegations made by the appellant.  Minutes CC Meeting December 19, 2017 Page 3 of11    1. Section 9.43.020(a) (Applicabilty) indicates that a significant view shall be determined by the "City." The City Planner and Planning Commission determined that the proposed project would not impact any existing significant view from the appellant's main structure or 2. The existing 1,700 square foot dwelling unit will be converted to an allowable accessory (second) dwelling unit as provided for by Section 9.70.020(2)(c) Permitted Uses in the A-2 zone. Section 9.85.020(1) specifies that the maximum size of a second dwelling unit in the A-2 Zone is 2,000 square feet. The conversion of the existing dwelling unit to a second dwelling unit complies with the City's development 3. BMC Section 9.70.060 (Existing uses, exemption) specifies that if the existing structure complied with the setback standards applicable at the time of its construction it shall not be deemed to have acquired a non-conforming status, within the meaning given in Section 9.25.020 (Definition of terms) under certain provisions. Based on the provisions of Section 9.70.060 we allege that the existing structure should not be considered as a non-conforming structure. 4. Ifthe existing building is not considered as non- conforming we don't understand this allegation. 5. The existing dwelling is not considered as non- conforming and it will not be expanded in size. However, the applicant does propose to update the exterior appearance of the structure. 6. The existing use of the structure is residential and the proposed use of the structure is to be residential. We do not understand or comprehend the allegation. 7. The proposed development is compatible with existing surrounding neighborhood residential estate dwellings and development. Property owners within a 500 foot radius have been notified and invited to comment on the proposed project. Other than this single objection concerning possible view impairment no one has alleged that the proposed project is not consistent with the development in the surrounding neighborhood. The City's staff and the Planning Commission have determined that the development as proposed is in fact compatible with the development in the surrounding 8. A single 20-foot driveway will provide access to the proposed main dwelling and the second dwelling. The width of the driveway is consistent with the City's development standards. If additional driveway width is required, the Fire Department will most likely be the agency responsible for such a determination. Mr. Meyer stated that he believes that all of the appellant's attorney's allegations are unsubstantiated and frivolous in nature and believes that this is a deliberate attempt by the appellant to inconvenience and delay the process of  lot.  standards.  neighborhood.  constructing the applicant's dream home.  Minutes CC Meeting December 19, 2017 Page 4 of 11    REBUTTAL BY APPELLANT:  The appellant's attorney stated that the Google maps provided by the applicant showing the impact of the proposed project are Councimember Barakat inquired about the height of Mr. Shing's house, why Mr. Shing did not attend any of the meetings in person, and if Mr. Shing installed story poles for his Councimember Hale wanted to know if Mr. Shing asked for story poles. City Planner Kasama stated no. The request was made by Mr. Shing's attorney at the November 22, 2017 Mr. Meyer stated that his client's proposed home is 300 feet away from Mr. Shing's house. Ms. Rosenthal stated that the point was to get information regarding significant view impact. Councimember Hale stated that the Planning Commission already made that determination. Mayor Lathrop pointed out that there is a picture showing the 45 foot line elevation. Councimember Lewis stated that the Planning Commission made the findings and asked the attorney if she can dispute this factually? Does the attorney have facts the Planning Ms. Rosenthal stated that Mr. Shing can see the proposed house from his second story. Councimember Barakat replied that every house that is built changes the view of somebody. There being no further public testimony, Mayor Lathrop Councilmember Hale asked the City Attorney for his opinion. City Attorney Reisman stated that the City determines what constitutes a significant view and if story poles are required. The proposed project flip-flops the primary dwelling unit to a secondary (accessory) unit, which is permitted by our code. State Legislature encourages second units. City Attorney Reisman recommended that the City Council deny the appeal Councimember Hale moved to adopt Resolution No. 17-21: AR RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, SETTING FORTH ITS FINDINGS OF FACT AND DECISION TO DENY AN APPEAL AND UPHOLD THE PLANNING COMMISSION DECISION TO ADOPT PLANNING COMMISSION RESOLUTION NO. PC 17-269 TO CONDITIONALLY APPROVE ARCHITECTURAL REVIEW APPLICATION NO. AR 17-006 AND NEIGHBORHOOD COMPATIBILITY APPLICATION NO. NC 17-005 FOR. Al NEW TWO-STORY 6,232 SQUARE FOOT SPANISH-STYLE SINGLE-FAMILY RESIDENCE ANDI REMODELING OF THE EXISTING ONE-STORY 1,704 SQUARE FOOT RESIDENCE TOA SPANISH-STYLE, ACCESSORY LIVING QUARTERIGUEST HOUSE AT4 406 Councimember Barakat seconded the motion, which was  not very helpful.  project. Ms. Rosenthal did not know.  Planning Commission meeting.  Commission did not consider?  PUBLIC HEARING CLOSED: DISCUSSION:  declared the public hearing closed.  and the decision would hold up in court.  MOTION TO DENY APPEAL:  MOUNT OLIVE DRIVE  carried by the following roll call vote:  Minutes CC Meeting December 19, 2017 Page 5 of11    AYES: Mayor Lathrop, Mayor Pro-Tem Pycz, Councimembers Barakat, Hale and Lewis  NOES: None ABSENT: None Motion passed 5:0  INTRODUCTION. AND FIRST READING OF NOISE ORDINANCE:  City Manager Kearney stated that at the November meeting, staff presented concerns regarding the City's noise ordinance (BMC Section 9.127.080) which currently allows for construction between the hours of 7:00 am and 7:00 pm on weekdays, and 9:00 am and 7:00 pm on weekends and holidays. Council directed staff to draft an ordinance to limit construction on the following specified holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Itis recommended that the City Council introduce for first AN ORDINANCE OF THE CITY OF BRADBURY, CALIFORNIA, AMENDING THE BRADBURY MUNICIPAL CODE TO SPECIFY THE DAYS THAT ARE CONSIDERED HOLIDAYS IN THE CITY'SNOISE ORDINANCE Councimember Hale stated that he does not like the 9:00 am starting time on Saturdays. Contractors like to start early. Councilmember Barakat stated that residents should be able to sleep in on weekends. Councimember Barakat also stated that there was a section missing in the draft ordinance regarding the holidays. Councimember Barakat reiterated that there should ber no construction at all on certain holidays. Councimember Lewis pointed out that homeowners may only be able work on home improvement projects on weekends and Mayor Pro-Tem Pycz stated that this is a noise issue, not a Mayor Lathrop made a motion to introduce for first reading, by title only, Ordinance No. 350, as presented and to take out the word "celebrated" on the list of specified holidays. Councimember Barakat seconded the motion, which was AYES: Mayor Lathrop and Councimember Barakat NOES: Mayor Pro-Tem Pycz, Councilmembers Hale and  Thanksgiving Day and Christmas Day. reading, by title only, Ordinance No. 350:  RECOMMENDATION:  DISCUSSION:  holidays.  matter of time or day.  MOTION:  carried by the following roll call vote:  Lewis ABSENT: None Motion did not pass  AMENDED MOTION:  The motion was amended to change Sections 5 and 6 of the draft ordinance to allow construction on weekends and take out the word' celebrated" on the list of specified holidays.  Minutes CC Meeting December 19, 2017 Page 6 of11    APPROVED:  AYES: Mayor Lathrop, Councimembers Barakat and Hale NOES: Mayor Pro-Tem Pycz, Councimember Lewis  ABSENT: None Motion passed 3:2 adoption.  City Manager Kearney stated that Ordinance No. 350 willl be on January 16, 2018 City Council agenda for second reading and City Manager Kearney stated that in 2011 Ordinance No. 321 was added to the BMC to update property maintenance standards. During this update, some language was omitted from the code that prohibits the visibility of trash containers from public streets "except when lawfully placed for collection Itis recommended to reinstate Section 11.01.480 in order to establish at time for placement of trash containers: "No person shall place or cause to be placed any garbage, refuse or recycling receptacle on any sidewalk, road, street or highway, at any time other than on the days established for the collection of garbage, refuse and recyclables on the particular route, prior to 6:00 p.m. on the days immediately prior to such collection, or permit such receptacle to remain thereat for more than twelve (12) hours afteri it has been emptied." Itis recommended that the City Council introduce for first reading, by title only, Ordinance No. 351: AN ORDINANCE OF THE CITY OF BRADBURY, CALIFORNIA, AMENDING THE BRADBURY MUNICIPAL CODE REGARDING THE PLACEMENT OF TRASH CONTAINERS VISIBLE FROM" THE PUBLIC STREET Mayor Lathrop suggested to make the following change: "No person shall place, cause to be placed, or allow to remain inp place, any garbage, refuse or recycling receptacle on any sidewalk, road, street or highway, at any time other than from 6:00 p.m. on the day preceding the day established for the collection of garbage, refuse and recyclables on the particular route until 6:00 a.m. on the day following the established Councimember Lewis made a motion to introduce for first reading, by title only, Ordinance No. 351, as amended by Mayor Lathrop. Councimember Hale seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Mayor Pro-Tem Pycz, Councilmember Barakat, Hale and Lewis  INTRODUCTION, AND FIRST READING ORDINANCE NO.: 351:  at the times permitted."  RECOMMENDATION:  DISCUSSION:  collection day."  MOTION:  APPROVED:  NOES: None ABSENT: None Motion passed 5:0  Minutes CC Meeting December 19, 2017 Page 7 of11    City Manager Kearney stated that Ordinance No. 351 will be on January 16, 2018 City Council agenda for second reading and City Manager Kearney stated that in 2006, the State Legislature passed the Digital Infrastructure and Video Competition Act (DIVCA), which created a process for cable video providers to apply for a State franchise permit in lieu of entering local franchise agreements to provide video services. State law allows the City to collect a Public, Educational, or Government (PEG) access fee from cable subscribers to fund the City's access channels. The City needs to adopt a new ordinance to allow for this continued authorization. Itis recommended that the City Council adopt Urgency Ordinance No. 352U and introduce for first reading, by title AN( URGENCM,ORDINANCE OF THE CITY OF BRADBURY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RETAUTHORIZING THE PUBLIC, EDUCATIONAL, ORGOVERNMENTALI ACCESS CHANNEL FEE Councilmember Hale made a motion to adopt Urgency Ordinance No. 352U. Councimember Barakat seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Mayor Pro-Tem Pycz, Councilmember Barakat, Hale and Lewis  adoption.  URGENCY ORDINANCE NO. 352U:  RECOMMENDATION:  only, Ordinance No. 352:  MOTION TO ADOPT URGENCY ORDINANCE NO. 352U: APPROVED:  NOES: None ABSENT: None Motion passed 5:0  MOTION TO INTRODUCE ORDINANCE NO. 352: APPROVED:  Councimember Barakat made a motion to introduce for first ready, by title only, Ordinance No. 352. Councimember Hale seconded the motion, which was carried by the following roll  call vote:  AYES: Mayor Lathrop, Mayor Pro-Tem Pycz, Councilmember Barakat, Hale and Lewis  NOES: None ABSENT: None Motion passed 5:0 adoption.  City Manager Kearney stated that Ordinance No. 352 will be on January 16, 2018 City Council agenda for second reading and Management Analyst Santos Leon stated that the City Council budgeted $1,200 in the FY 2017-18 budget for the Annual Appreciation event. In the last three years, the Annual Appreciation events have been held at the Congregation Ale House in Azusa (2014 and 2015) and Pasadena (2016) and all expenses associated with the events were generously paid for  DISCUSSION. ANNUAL APPRECIATION EVENT:  by the Counctimembers.  Minutes CC Meeting December 19, 2017 Page 8 of11    RECOMMENDATION:  City Manager Kearney stated that staff needs to start planning for this event. It is recommended that the City Council provide direction to staff regarding the time, date and location for the event. Furthermore, it is advised that Council be mindful that City funds will be used toward the event, therefore, a location should be selected that does not present a conflict of interest. Mayor Lathrop suggested to combine the Annual Appreciation event with National Night Out. Councilmember Barakat stated that he would prefer to keep the two events separate. The Annual Appreciation event allows the participants to talk one on one in a small setting and iti is more like ai team meeting. Mayor Pro-Tem Pycz suggested Villa Italia in the Target shopping center as a possible location. Councimember Hale added that staff should also check out Bella Sera in Monrovia. City Manager Kearney stated that at the November meeting, the City Council discussed renewing the City's Utility Users Tax (UUT). As part of this discussion, the Council directed staff research two additional items: 1) The possibility of obtaining a future loan to fund stormwater compliance; and 2) provide information on what kind of assistance would be available in the event of a disaster. Council also directed staff to draft the appropriate ordinance and resolutions needed to move forward with the UUT renewal, knowing that there was still more to discuss before placing the measure on the. June 5, 2018 ballot. As discussed at the November meeting, the City's Utility Users Tax (UUT) will sunset on May 31, 2018. Since the passage of the UUT five years ago, the City's economic health has improved, but little has changed in resolving the uncertainty to the State's mandated stormwater compliance. Although staff is working with a group. of surrounding cities to balance the need for financially achievable compliance, the current projections for Bradbury's stormwater compliance are estimated between 30 and 67 million dollars. With so much uncertainty, both staff and the UUT Oversight Committee recommend that the UUT remain in effect at the current rate until the City's stormwater Both the UUT Oversight Committee and staff recommend moving forward with renewing the Utility Users Tax due to the uncertain costs of future stormwater compliance. Should Council decide to move forward with the UUT measure to be voted on at the June 5, 2018 election, it is recommended that 1. Approve the introduction and first reading of Ordinance AN ORDINANCE OF THE CITY OF BRADBURY, CALIFORNIA, ADDING CHAPTER 6 TO ARTICLE VIOF THE BRADBURY MUNICIPAL CODE TO IMPOSE A UTILITY USERS TAX AND  DISCUSSION. AND DIRECTION  TOSTAFF:  DISCUSSION - RENEWAL OF THE UTILITY USER TAX (UUT):  compliance requirements are better known.  RECOMMENDATION:  the City Council:  No. 353:  PROVIDING FORITSSUNSET  Minutes CC Meeting December 19, 2017 Page 9 of11    2. Adopt Resolution No. 17-22 calling for a General Municipal Election to be held on June 5, 2018 3. Adopt Resolution No. 17-23 setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis 4. Adopt Resolution No. 17-24 providing for the filing of rebuttal arguments City Manager Kearney stated that he contacted IBank regarding a 'stormwater" loan. The quote received was for a loan up to $2 million with a 30-year payback period and a 3.25% interest rate. In regard to financial assistance in case of ad disaster, FEMA and the State provide 75% of the eligible cost after a Presidential disaster declaration. Regarding the City's insurance policy, City Hall has an insured value of $1,291,272 int the event of a fire to rebuild City Hall. Roads are not covered. City Manager Kearney stated that the City Council has the option of postponing the UUT measure to the November 2018 Councilmember Barakat stated that a lower UUT rate would be Mayor Lathrop stated that the County parcel tax is up for discussion again and would prefer to wait until November. Councimember Hale stated that he would like to keep the UUT Councilmember Hale made a motion introduce Ordinance No. 353, submitting to the voters Measure CC at the June 5, 2018 General Municipal Election, removing the sunset clause, and setting the UUT rate at 1% for gas, electric, cable, trash and telecommunications for the first year, and 0.5% on water fort the first year, and adopt Resolutions No. 17-22,17-23and 17-24. Councimember Barakat seconded the motion, which was carried by the following roll call vote: AYES: Councimembers Barakat, Hale and Lewis NOES: Mayor Lathrop and Pro-Tem Pycz  DISCUSSION:  election.  an easier sale to the constituents  going and be prepared.  MOTION:  APPROVED:  ABSENT: None Motion passed 3:2  MATTERS FROM THE CITY MANAGER: MATTERS FROM THE CITY ATTORNEY:  City Manager Kearney reminded everyone that City Hall will be closed between Christmas and New Year for Winter Break and City Attorney Reisman wished everyone Happy Holidays and a Happy New Year and stated that he brought candy for City  re-open on Tuesday, January 2, 2018.  Council and staff.  Minutes CC Meeting December 19, 2017 Page 10 of11    MATTERS FROM THE CITY COUNCIL:  MAYOR LATHROP: MAYOR PRO-TEM PYCZ: COUNCILMEMBER BARAKAT: COUNCILMEMBER HALE:  Nothing to report Nothing to report Nothing to report  Councilmember Hale stated that there are 4 or 5 properties in the Estates owned by out-of-state buyers. Who is responsible for yard maintenance if it becomes a fire hazard? What responsibility do tenants have? City Manager Kearney replied that all cities have this problem. Maybe our Community Services Officer (CSO) can assist with these type of code  enforcement issues. Nothing to report CLOSED SESSION 54957(b)(4)  COUNCILMEMBER LEWIS: ITEMS FOR FUTURE AGENDAS:  Further discussion of UUT Election and Appreciation Event The City Council convened to a Closed Session to discuss City Attorney Evaluation pursuant to Government Code Section The City Council reconvened into Open Session and to announce any action taken. City Manager Kearey reported that no action was taken during the Closed Session. At 9:10 p.m. Mayor Lathrop adjourned the meeting to Tuesday,  PUBLIC EMPLOYEE PERFORMANCE EVALUATION: RECONVENE INTO OPEN SESSION:  ADJOURNMENT:  January 16, 2018,  pm.  OF BRADBURY  ATTEST:  3  Claudin Baldeua CITY CLERK-C CITY OF BRADBURY  Minutes CC Meeting December 19, 2017 Page 11 of11