MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, FEBRUARY 16, 2021 EXECUTIVE ORDER NO. 25-20: Pursuant to Governor Newsom's Executive Order N-25-20, the City is allowing Council Members, Staff and the public to participate in this City Council meeting by means of a Zoom video or telephone call. Participants will be able to hear the entire proceedings (other than the Closed Session) and be able to speak during Public Comment, Public Hearing, and other authorized times. Members of the public must maintain silence and mute their microphones and telephones except during The Regular Meeting oft the City Council of the City of Bradbury was called to order by Mayor Lewis at 7:00 p.m. followed by the PRESENT: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale those times. MEETING CALLED TO ORDER: Pledge of Allegiance. ROLL CALL: ABSENT: None STAFF: City Manager Kearney, City Attorney Reisman, City Engineer Gilbertson (RKA), City Planner Kasama, City Clerk Councilmember Barakat made a motion to approve the agenda to proceed with City business. Mayor Pro-Tem Bruny seconded Inc compliance with the California Political Reform Act, each City Councilmember has the responsibility to disclose direct or indirect potential for a personal financial impact as a result of participation in the decision-making process concerning City Attorney Reisman stated he was aware ofr none. Saldana and Management Analyst Musa the motion which carried unanimously. APPROVAL OF AGENDA: DISCLOSURE OF ITEMS REQUIRED BY GOV. CODE SECTION 1090 & 81000 ETS SEQ,: agenda items. None PUBLIC COMMENT: CONSENT CALENDAR: All items on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion unless a Councilmember requests otherwise, in which case the item will be removed and considered by separate action. All Resolutions and Ordinances for Second Reading on the Consent Calendar are deemed to "waive further reading and adopt." A. Minutes: Regular Meeting of January 19, 2021 B. Minutes: Adjourned Meeting of February" 1,2021 Resolution No. 21-04: Demands & Warrants for February 2021 D. Monthly Investment Report for ther month of. January 2021 Minutes CC Meeting February 16, 2021 Page 1of8 CORRECTIONS TO JANUARY 19, 2021 Councimember Lathrop stated that on page 4 of the minutes the motion to approve the appeal for 734 Braewood Drive needs to state that no additional landscaping is required. City Manager Kearney added that on page 6 of the minutes the motion to approve the MOA needs to be corrected to state that Councilmember Hale made a motion to approve the Consent Calendar with the minutes as amended. Mayor Pro-Tem Bruny seconded the motion, which was carried by the following roll MINUTES: itp passed by a 4:1 vote (not 4:0). MOTION TO APPROVE CONSENT CALENDAR: APPROVED: call vote: NOES: None ABSENT: None Motion passed 5:0 AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale WINSTONILEMON TRAIL: CITY ENGINEER'S ANALYSIS: OPTION 1: (west side improvements) At its November 17, 2020 meeting, the City Council directed the City Engineer to analyze Winston Avenue and Lemon Avenue for the installation of a walking trail. City Engineer Gilbertson stated that staff has developed five (5) options for the Winston. Avenue walking trail. The limits of the Option 1 walking trail are from the northerly terminus of Tentative Parcel Map No 73673 (expired) to Lemon Avenue. Option 1 is proposed to be a 6' wide decomposed granite (DG) trail on the west side of the street with trail fencing on the street side of the trail. There is insufficient parkway width available in order to construct the walking trail, therefore, a 3' street dedication is required. This option would also require the removal and reconstruction of the existing private decorative front yard walls and mailboxes on the west side of Winston Avenue. The existing private driveways would also require reconstruction in order to provide an ADA compliant path of The estimate cost for the Option 1 walking trail is $375,000 ($166,000 for construction and $207,950 for right-of-way The limits of the Option 2 walking trail are from the northerly terminus of Tentative Parcel Map No 73673 to Lemon Avenue. Option 2 is proposed to be a 4' wide DG trail on the west side of the street without trail fencing. The walking trail for this option would not be ADA compliant due to insufficient width, existing driveways, and the restrictions at the existing power poles. This option would also require the removal and reconstruction of the existing private mailboxes but the existing front yard walls and driveways would remain. The estimated cost for the Option 2 walking trail is $65,000. travel. acquisition). OPTION 2: (west side improvements) Minutes CC Meeting February 16, 2021 Page 2of8 OPTION: 3: (west side improvements) The limits of the Option 3 walking trail are from the northerly terminus of Tentative Parcel Map No. 736731 to Lemon Avenue. Option 3 is proposed to be a 6' wide DG trail on the west side of the street with trail fencing. This option would shift the existing westerly curb 2.5 feet closer to the street centerline in order to avoid the costly right-of-way acquisition. In addition, the existing easterly curb north of City Hall would also shift 2.5 feet away from the street centerline in order to maintain sufficient lane widths. This option would require the removal and reconstruction of the existing private mailboxes on the west side oft the street but the existing front yard walls would remain. The existing private driveways would also require reconstruction in order to provide an ADA compliant path of travel. This option also requires the removal of seven (7) significant oak trees on the east side of Winston Avenue due to The estimated cost oft the Option 3 walking traili is $250,000. The limits of the Option 4 walking trail are from Royal Oaks Drive North to Lemon Avenue. Option 4 is proposed to be a 6' wide DG trail on the east side of the street with trail fencing. This option would require the relocation of two (2) existing fire hydrants and the City's monument sign. The existing private driveways would also require reconstruction in order to provide an ADA compliant path of travel. This option also requires the removal seven (7) oak trees on the east side of Winston Avenue in order to construct the walking trail within the existing The estimated cost of the Option 4 walking trail is $220,000. The limits of the Option 5 walking trail are from Royal Oaks Drive North to Lemon Avenue. Option 5 is proposed to be a6' wide DG trail on the east side of the street with trail fencing. South of City Hall, the walking trail would be adjacent to the existing curb. North of City Hall, the walking trail would meander in order to avoid the existing oak trees. This option would require the relocation of two (2) existing fire hydrants and the City's monument sign. The existing private driveways would also require reconstruction in order to provide an ADA compliant path of travel. This option would require the acquisition of a pedestrian easement for the meandering portion oft the walking trail north of City Hall. The estimated cost for the Option 4 walking trail is $250,000 ($202,500 for construction and $47,500 for right-of-way City Engineer Gilbertson stated that staff has developed one option for the Lemon Avenue walking trail. The limits of the Lemon Avenue walking trail are from the westerly city limits to Winston Avenue. The walking trail is proposed to be a 6' wide DG trail on the south side of the street with trail fencing on the street side of the trail. There is sufficient parkway width available in order to construct the walking trail. the shifting of the easterly curb. OPTION 4: (east side improvements) right-of-way. OPTION 5: (east side improvements) acquisition). LEMON AVENUE WALKING TRAIL: Minutes CC Meeting February 16, 2021 Page 3of8 The existing private driveways would require reconstruction in order to provide an ADA compliant path oft travel. The estimated cost for the Lemon Avenue walking trail is Itis recommended that the City Council provide direction to Mayor Lewis opened the discussion for public comment. There being no public comment, Mayor Lewis closed the discussion City Engineer Gilbertson stated that of the five Options for Winston Avenue, none of them are easy. It's a complicated Councilmember Barakat asked if we could just level part of the west side with DG and not make it an official trail. City Engineer Gilbertson replied that it would not be ADA compliant and the Mayor Lewis stated that residents are not going to be happy to give up 6 feet of their property. It's too much money and everybody is going to be unhappy. Councimember Barakat Councilmember Barakat suggested to start on the corner of Winston and Royal Oaks Drive North and work your way up as properties will sell and/or getting developed. Councilmember Hale stated that we need to recognize the danger of people walking on Winston Avenue. Councilmember Barakat stated that this project is in his district. The City is not going forward with any of the options discussed. City Planner Kasama stated that the Planning Commission had been referred to the Planning Commission for guidance due to the lack or regulations for driveways, circular driveways, the maximum amount of hardscape or impervious surfaces, and the types of materials to be allowed (artificial turf, gravel, and other decorative materials). The Commission directed staff to check the regulations of 12 cities: Arcadia, Azusa, Duarte, Glendora, Hidden Hills, La Verne, Malibu, Monrovia, Rolling Hills Estates, San Dimas, San Marino and Sierra Madre. The applicable regulations were discussed at the December 2, 2020 meeting along with draft regulations for the City of Bradbury. The Commission held a public hearing and determined that the proposed regulations are acceptable and adopted Resolution No. PC 21-295 to recommend to the City Council the preparation and approval of an Ordinance to amend the Development Code to add the proposed regulations. $145,000. staff. RECOMMENDATION: PUBLIC COMMENT: DISCUSSION: for public comment. issue. City would not be able to get any funding. agreed. DIRECTION TO STAFF: DISCUSSION OF DEVELOPMENT No further direction to staff was needed. STANDARDS AND DESIGN GUIDELINES started a discussion at the October 28, 2020 meeting on issues FOR FRONT AND STREET SIDE YARDS: related to front yards. This was in response to a project that Minutes CC Meeting February 16, 2021 Page 4 of8 CITY COUNCIL ACTION: The discussion is not expected to be concluded at this meeting and should be continued with direction to staff to provide additional material, such as diagrams, plot plans, and qualitative standards we well as how the proposed regulations could be refined for further consideration by the City Council. When the Council determines the proposed regulations are acceptable, an ordinance will be drafted for the Council's Councilmember Lathrop stated that we have to be careful that the regulations won't be in conflict with Ordinance No. 369 which amended the BMC adding ground covering requirements consideration at a public hearing. DISCUSSION: toProperty Maintenance Standards. There was no further discussion. INTRODUCTION OF ORDINANCE NO. 373: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, AMENDING THE ZONING PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR. ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO City Planner Kasama stated that during 2019, the State adopted legislation mandating that cities allow Accessory Dwelling Units (ADUS) and Junior Accessory Dwelling Units (JADUS) with minimized setbacks and significant cost-saving provisions, such as not being required to be equipped with fire sprinklers. The State-mandated provisions were to take effect January 1, 2020; however, the City Council adopted Urgency Ordinance No. 368U on December 17, 2019 putting local regulations in place. A draft replacement ordinance was considered by the City Council on June 16, 2020. However, the City Council scheduled a study session to discuss safety concerns, and the draft replacement ordinance has been significantly revised. The revised draft replacement ordinance was re-evaluated by the Planning Commission on January 27, 2021 and the Planning Commission adopted Resolution No. PC 21-294 to recommend approval of the revised draft replacement ordinance - Ordinance No. 373. The City contracted with Dudek consulting firm to address the City Council concerns. Two issues that were raised were how minimal setbacks (four-foot side and rear yards) for ADUS could facilitate the spreading of wildfire and how very narrow streets (less than 20 feet of roadway) in certain areas of the City would impinge on evacuations and access by the Fire Department, Dudek's report was presented to the City Council on December 9, 2020 along with the draft revised replacement Itis recommended that the City Council conduct a public hearing for Ordinance No 373, introduce the ordinance, and schedule the second hearing and adoption for the next regular ACCESSORY LIVING QUARTERS (ALQs) SUMMARY: DUDEK: ordinance. RECOMMENDATION: meeting on March 16, 2021. Minutes CC Meeting February 16, 2021 Page 5of8 PUBLIC HEARING OPENED: PUBLIC HEARING CLOSED: DISCUSSION: Mayor Lewis opened the public hearing and ask those wishing tos speak in favor or opposition to come forward and be heard. There being no pubic testimony, Mayor Lewis declared the Councimember Lathrop asked if Neighborhood Compatibility Review for Accessory Living Quarters (on page 17) is new. Councilmember Barakat made a motion to introduce and read, by Title only, Ordinance No. 373 and schedule the second hearing and adoption for the next regular meeting on March 16, 2021. Councimember Lathrop seconded the motion, which public hearing closed. City Planner Kasama replied no. MOTION TO INTRODUCE ORDINANCE NO.3 373: was carried by the following roll call vote: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councimembers Lathrop, Barakat and Hale APPROVED: NOES: None ABSENT: None Motion passed 5:0 AGREEMENT FOR CONTINUED GOVERNMENT RELATIONS ADVOCACY SERVICES WITH BEST BEST & KRIEGER: City Manager Kearney stated that during the December 2019 meeting, the City Council approved an agreement with Best Best & Krieger, LLP (BB&K) for Professional Lobbying and Consulting Services for water and stormwater related projects for the year 2020. This was done in conjunction with the other member agencies of the Rio Hondo/San Gabriel River Water Quality Group. Bradbury's share of the yearly amount approved Given the recent success by BB&K, it is recommended that the City Council authorize the City Manager to enter into an Agreement with Best Best & Krieger for lobbying services for the 2021 calendar year and appropriate $11,323.08 to account Councimember Barakat inquired about how this agreement with BB&K benefits the City. City Manager Kearney replied that itsaves the City hundreds of thousands of dollars. Councilmember Barakat made a motion to authorize the City Manager to enter into an Agreement with Best Best & Krieger for lobbying services for the 2021 calendar year and appropriate $11,323.08 to account number 102-42-7630. Councilmember Hale seconded the motion, which was carried was $11,323.08. RECOMMENDATION: number 102-42-7630 to cover such costs. DISCUSSION: MOTION: by the following roll vote: NOES: None ABSENT: None Motion passed 5:0 APPROVED: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale Minutes CC Meeting February 16, 2021 Page 6 of8 APPOINTMENT OF APPLICANT TO PUBLIC SAFETY COMMITTEE PRIMARY SEAT FOR DISTRICT3 AND REMOVAL OF INACTIVE PUBLIC SAFETY COMMITTEE MEMBERS: Management Analyst Musa stated that the purpose oft this item isto review current Public Safety Committee membership and toremove inactive members. Mrs. Janet Barakat (District 3) expressed interest in joining the Public Safety Committee. Currently, the primary seat for District 3 is vacant. Additionally, Public Safety Committee members Priscilla Hervey (District 2), Karen Flaherty (District 4) and Aaron Dunst (District 5) have been absent from committee meetings for more than six (6) Itis recommended that the City Council confirm the appointment of Janet Barakat as the primary member for District 3 for the term ending in June 2023. The District 3 Councilmember has approved the appointment of the applicant. Itis also recommended that the City Council approve the removal of the following inactive Public Safety Committee members: Priscilla Hervey, Karen Flaherty and Aaron Dunst. Councilmember Bruce Lathrop stated that he would like to add Natalie Gilmore (District 4) to be appointed to the PSC tonight. City Attorney Reisman stated that this appointment has to wait until the March meeting because there is no mention of Ms. Gilmore in the Agenda Memo. Councimember Lathrop agreed Mayor Pro-Tem Bruny made a motion to confirm the appointment of Janet Barakat as the primary Public Safety Committee member for District Three and to approve the removal of the inactive Public Safety Committee members Priscilla Hervey, Karen Flaherty and Aaron Dunst. Councilmember Hale seconded the motion, which was carried months. RECOMMENDATION: DISCUSSION: that it can wait until next month. MOTION: by the following roll call vote: APPROVED: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat, and Hale NOES: None ABSENT: None Motion passed 5:0 MATTERS FROM THE CITY MANAGER: City Manager Kearney stated that the saga for the completion of the City's Housing Element Update continues. The City Council held a Special Meeting on February 1st to approve the proposal from JHD Planning, LLC in the amount of $63,000. The consultant recently informed staff that he no longer wishes to work with the City of Bradbury. City Manager Kearney stated that he secured another proposal and that the Council needs to pick a date for a Special Meeting during the first week of March to approve the contract with a consultant for the City's Housing Element Update. The Special Meeting was scheduled for Monday, March 1, 2021 at 6:00p p.m. Nothing to report until the Closed Session MATTERS FROM THE CITY ATTORNEY: Minutes CC Meeting February 16, 2021 Page7of8 MATTERS FROM THE CITY COUNCIL: MAYORI LEWIS: MAYOR PRO-TEM BRUNY: COUNCILMEMBER LATHROP: COUNCILMEMBER BARAKAT: Nothing to report Nothing to report Nothing to report Councimember Barakat stated that the LA County Sanitation Districts are trying to reverse a 2 % billion unfunded liability for retirement. It would take 400 million to pay it down. Currently the interest is $50,000 per day. Three members of the Board of Supervisors are against paying down the unfunded liability. COUNCILMEMBER HALE: ITEMS FORFUTURE AGENDAS: PUBLIC COMMENT REGARDING CLOSED SESSION ONLY: RECESS TO CLOSED SESSION AT7:54 PM: Nothing to report None CLOSED SESSION None A. Pending Litigation Pending Litigation pursuant to Government Code Section 45956.9(d)(4) (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate The City Council instructed the City Attorney and City Manager as to how to proceed. No formal votes were requested or Mayor Lewis adjourned the meeting to an Adjourned Meeting litigation. Three (3) potential cases). REPORTI FROM CLOSED SESSION: taken. ADJOURNMENT: on! Monday, March 1, 2021 at 6:00 p.m. OF BRADBURY ATTEST: lipi CRaudis Baldana CITY CLERK- CITY OF BRADBURY Minutes CC Meeting February 16, 2021 Page 8of8