MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, FEBRUARY 20, 2018  MEETING CALLED TO ORDER:  The Regular Meeting oft 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 STAFF: City Manager Kearney, City Attorney Reisman, City Clerk Saldana and Management Analyst Santos Leon Councimember Hale made a motion to approve the agenda to proceed with City business. Councilmember Barakat 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 agenda City Attorney Reisman stated that he was not aware of any  ROLL CALL:  APPROVAL OF AGENDA:  the 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 unless ac 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 A. Minutes Regular City Council Meeting of. January 16, 2018 B. Resolution No. 18-02: Demands & Warrants for February 2018 C. Monthly Investment Report for ther month of January 2018 D. Resolution No. 18-03: Allocating the City of Bradbury's Citizens' Option for Public Safety (COPS) Funds E. Resolution No. 18-04: Amending Resolution No. 17-22 Calling for an General Municipal Election to be! held on June 5, 2018 F. Resolution No. 18-05: Adopting Regulations for Candidates for Elective Office pertainingt to Candidate Statements submitted to the voters at an Election to be held on June 5, 2018 G. Award of Bid- - Winston Avenue Sewer Improvement Project H. Amendmenti for the Proposed Subdivision and Development Project! known as the' "Oak View Estates" in the Bradbury Foothills Mayor Lathrop pulled item G from the Consent Calendar for  adopt."  ITEMI El PULLED FROM CONSENT CALENDAR:  discussion.  Minutes CC Meeting February, 2018 Page 1of9    MOTION TO APPROVE CONSENT CALENDAR (EXCEPT ITEM G): APPROVED:  Councimember Hale made a motion to approve the Consent Calendar, except item G. Councilmember Lewis 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  DISCUSSION REGARDING CONSENT CALENDARI ITEM G- WINSTON AVENUE SEWER IMRPOVEMENT PROJECT:  Mayor Lathrop inquired about the large gap between the highest and the lowest bidder for the Winston Avenue Sewer Project ranging between $518,444.00 and $1,066,364.00. Mayor Lathrop also asked if RKAI has any previous experience with Ramona, Inc., who is the lowest bidder. Cody Howing with RKA stated that the large gap is not that unusual. RKA has not previously worked with Ramona, Inc. but all their references checked out and there was nothing negative. Councilmember Barakat inquired about the 10% bid bond. Mr. Howing stated that the 10% bid bond is standard procedure. Councimember Hale made a motion to approve Consent Calendar item G. Mayor Pro-Tem Pycz seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Mayor Pro-Tem Pycz, Councimember Barakat, Hale and Lewis  MOTION TO APPROVE CONSENT CALENDAR ITEM G: APPROVED:  NOES: None ABSENT: None Motion passed 5:0  INTRODUCTION AND FIRST READING OF ORDINANCE NO. 354:  Management Analyst Santos Leon stated that the City of Bradbury restricts and/or prohibits parking in designated areas throughout the City. Recently it was brought to staff's attention that some areas that were originally listed in the Bradbury Municipal Code (BMC) are not included any longer. Ordinance No. 354 reinstates language that includes the previously designated No Parking Areas (old Section 3204) and the restrictions on Mount Olive Drive and Mount Olive Lane. Bradbury Hills Lane, both sides, for thee entire length thereof Bradbury Hills Road, both sides, for the entire length thereof Bradbury Road, east side only, fort the entire length thereof Lemon. Avenue, norths side only, for the entire length thereof Mount Olive Drive, northerly of Woodlyn Lane tot the City Limits Royal Oaks Drive North, both sides, for the entire length thereof Winston Avenue, both sides, fort the entire length thereof Woodlyn Lane, within gated area, both sides, for the entire length Woodlyn Lane, outside the gated area, both sides, for the entire According to the BMC, Braewood Drive has two (2) hour restricted parking between the hours of 7:00 am to 6:00 pm  RESTRICTED PARKING AREAS:  thereof length thereof  BRAEWOOD DRIVE:  every day except on Sunday.  Minutes CC Meeting February, 2018 Page 2 of9    MOUNT OLIVE DRIVE AND MOUNT OLIVE LANE:  Prior to the recodification, Section 3202 stated that no person shall park any motor vehicle or leave standing any motor vehicle between the hours of 4:00 am and 5:00 am on those certain public streets within the City hereinafter set forth:  Mount Olive Drive Mount Olive Lane  As a result of the omitted information in Ordinance No. 338, itis difficult to enforce parking restrictions in the City. Staff proposes to reinstate the areas listed above in order to reestablish the designated areas with restricted and/or no Itis recommended that the City Council introduce for first AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPAL CODE REGARDING PARKING Councilmember Lewis stated that we need reasonable exceptions for parking, and inquired about how this ordinance affects HOA parking rules. City Manager Kearney replied that HOA rules are a different discussion. Council Lewis wants the code to reflect reality. City Manager Kearney stated that we can make tweaks before adoption of Ordinance No. 354. Councilmember Barakat made a motion to introduce for first reading, by title only, Ordinance No. 354. Councilmember Lewis seconded the motion, which was carried by the following  parking on the street.  RECOMMENDATION:  reading, by title only, Ordinance No. 354: PROHIBITIONS ONI DESIGNATED STREETS  DISCUSSION:  MOTION:  roll call vote: NOES: None ABSENT: None Motion passed 5:0  APPROVED:  AYES: Mayor Lathrop, Mayor Pro-Tem Pycz, Councilmember Barakat, Hale and Lewis  DISCUSSION - JOINT CITY COUNCIL- PLANNING COMMISSION RETREAT:  Management Analyst Santos Leon stated that a joint City Counci-Planning: Commission Retreat was scheduled for Saturday, January 20, 2018. Unfortunately, a majority of the Planning Commission was unavailable to attend the retreat. Subsequently, the retreat was cancelled. This report provides information on potential dates to reschedule the retreat. Ino coordinating with the Canyon Park Facility in Monrovia, the following days are available to reserve the cabin: July 21, Itis recommended that the City Council discuss rescheduling the retreat and provide direction to staff on how to proceed. City Manager Kearney stated that the dates are so far off because the cabin is booked fari in advance.  August 4, and August 18, 2018.  RECOMMENDATION: DISCUSSION:  Minutes CC Meeting February, 2018 Page 3of9    DISCUSSION:  Counciimember Hale stated that he is out of town on July 21st. Councimember Lewis is unavailable on July 21st & August 4th. Councilmember Barakat stated that he is disappointed that we have to put off the retreat for 6 months. Mayor Pro-Tem Pycz suggested to use a different venue (City Hall) for the retreat. Councilmember Barakat directed staff to pick a date much sooner for a retreat here at City Hall. Following discussion, the City Council picked Saturday, May 12, 2018 to hold the retreat. June 2nd was chosen as a fallback date. The City Council stated that four (4) Planning Commissioners attending the City Manager Kearney stated that staff has recently received inquiries regarding the City's policy on the usage and placement of story poles. Currently, as it is written in Bradbury Municipal Code Section 9.43.030, staff may request the use of story poles for any proposed project that may have a possible impact on the. view or vista of any pre-existing structure. Additionally, the City Council and/or Planning Commission may also informally request story poles during the public hearing on Story poles are used to depict a silhouette of a proposed structure or an addition to an existing building. They are intended to help decision makers, staff, neighbors and other interested parties visualize the location, mass and/or height of a proposed building or structure as part of the review of the project's impact on an existing view or vista. According to BMC Section 9.43.020, the definitions of "view as applied to the code are as follows:  DIRECTON TO STAFF:  retreat is sufficient.  DISCUSSION STORY POLE POLICY:  an item.  DEFINITIONS OF VIEW:"  Far view refers to a scene located out of the City, including, but not limited to, the Los Angeles basin, city lights at night, mountains and distant mountains Near view refers to a scene located within the City, including, but not limited to, a valley, ravine, equestrian trail, pastoral environment, or any natural setting View shall not include vacant land that is developable under this code, distant mountain areas not normally visible, nor the sky above distant mountain areas Given the recent inquiries regarding the policy on story poles, staff has compared the current BMC pertaining to story poles with those of other cities similar in size and population to the City of Bradbury. The following cities were contacted for information on their policies: Beverly Hills, Hidden Hills, Rolling Beverly Hills: Upon speaking to a Beverly Hills staff member, itv was advised that story poles are not required for all projects and are rarely used in the City. Typically the use of story poles is limited to development projects in the hillside area of the city; however, any application that seeks approval to exceed height limitations in the hillside area or any other part of the city, the  COMPARISON WITH OTHER CITIES:  Hills and San Marino.  Minutes CC Meeting February, 2018 Page 4 of9    Director of Community Development, at his or her discretion, may require the applicant to first install story poles to demonstrate the height, bulk and location of the proposed Hidden Hills: The City of Hidden Hills does not have an existing policy addressing the use of story poles and has not utilized story poles for any developments in the city as of yet. Rolling Hills: The City of Rolling Hills does not have a formal written policy on the use of silhouettes." According to the Planning Director, any development project exceeding 1,000 square feet of new structure or addition is informally required by the Planning Commission to place silhouettes to move San Marino: The City of San Marino usually requires "stakes" for projects over one story for new construction or involve a new structure. The Case Planner, at his or her discretion, may also request the placement of stakes for any other additions to a home which may cause concerns about bulk and mass. The policy currently applies to all areas of the City. Itis recommended that the City Council review the City's story pole policy and provide further direction to staff. Mayor Lathrop stated that he prefers story poles for all projects in the City of Bradbury that have a potential view impacts as a curtesy to people who already live here. Councimember Hale disagreed, stating that he is opposed to more government. The City's policy is good the way is itnow. Mayor Pro-Tem Pycz agreed with Councimember Hale. Councimember Barakat brought up the proposed second story addition on Freeborn Street. Councilmember Hale stated that this proposal is a perfect example to ask for story poles. Mayor Lathrop stated that there would be no "surprises" if everyone The City Council directed staff to draft a story pole policy and present itt to the Council at the next meeting. Mayor Lathrop suggested to put all sections that apply to "view" in a memo for the Planning Commission. City Manager Kearney stated that staff will examine the issue more and a policy will be brought back at the next meeting. This will also be a topic for the joint City Counci-Planning City Manager Kearney stated that during the development of the FY 2017-2018 Work Plan, the City Council expressed city beautification to be a priority, along with providing residents with a safe, healthy, and quality environment.  project.  forward with a discretionary review.  RECOMMENDATION: DISCUSSION:  had to put up story poles.  DISCUSSION TO BE CONTINUED:  Commission retreat.  DISCUSSION - CODE ENFORCEMENT IN THE CITY OF BRADBURY:  Minutes CC Meeting February,2018 Page 5of9    Staff is approaching Council at this time to discuss the Code Enforcement policies, as property maintenance standards not only beautify a city but they also can provide residents with a This report provides information to the City Council on Bradbury's current Code Enforcement program. It also compares Bradbury's program to other code enforcement programs with similar cities in California. This report allows the Council to inform staff on its visualization of how the Code Enforcement program should operate and proved Council with and opportunity to consider ifa any policy changes are warranted. City Manager Kearney stated that previously the Building Inspector was handling all code enforcement affairs in addition With the addition of a shared Community Services Officer (CSO), most code enforcement duties are now overseen by this position. There has been positive feedback from the community regarding the CSO, as the community seems pleased to have someone available to address nuisance complaints in a timely manner. The CSO also has been able to avert code enforcement citations by informally talking with residents at their property regarding their violations. Inorder to gain al better understanding of how the City's current Code Enforcement program compares to other cities, staff surveyed similar cities, including Beverly Hills, San Marino, Itis recommended that the City Council review this report and direct staff on how to proceed with the City's Code Enforcement program, policies and response. Should Council consider to alter the program, it is recommended that the Council also consider policies which include cost recovery Councimember Barakat stated that he would like to see something in the code that would address properties like the one on the corner of Lemon & Winston Avenue. City Manager Kearney stated that it is easier to cite a property Mayor Lathrop stated that the only way for the City to prosecute is through the City Attorney which is expensive. City Attorney Reisman stated that some of it has to do with state law. Councilmember Hale stated that we have a problem with vacant properties. The City Council liked the idea of starting a registry of unoccupied residential properties like the City of San Marino has. According to San Marino's municipal code, registering must occur when properties do not have a person who has lived on a day to day basis for a period of 60 consecutive days or longer. This does not include third party  safe, healthy, and quality environment.  BACKGROUND: CSO PROGRAM:  to his duties int the Building Department.  SURVEY OF OTHER CITIES:  Rolling Hills and Atherton (see staff report).  RECOMMENDATION:  mechanisms.  DISCUSSION:  ifwe can back it up by code.  periodic visits.  Minutes CC Meeting February, 2018 Page 6 of9    DISCUSSION TO BE CONTINUED AT NEXT MEETING: DISCUSSION: - UTILITY USERS TAX RENEWAL:  The discussion regarding code enforcement in the City of Bradbury willl be continued at the March meeting. City Manager Kearney stated that at the December 2017 meeting the City Council decided to move forward with the renewal of the City Utility Users Tax (UUT) and remove the sunset clause. On January 29, 2018 staff sent an email to the City Council notifying them that the UUT measure was null and void because the perceived passage of the ordinance and resolutions calling the election for the measure occurred with a Council majority vote of 3:2. Government Code Section 53723 "No tax subject to the vote requirements prescribed by Section 53723 shall be presented at an election unless the ordinance and resolution proposing such tax is approved by a two-thirds vote of all members of the legislative body of the local district." A3:2 vote, or 60%, does not meet the two-thirds, or 66%, requirement. Consequently, the passage of the ordinance and resolutions have been deemed null and void. Unfortunately, time has passed to place the UUT measure on the June election ballot. Should there be any desire by Council to place the measure on the November 8, 2018 ballot, the  reads as follows:  NOVEMBER ELECTION:  following is al list of key dates:  KEYNOTE DATES;  June 18, 2018 - UUT Ordinance and Resolutions must July 2, 2018-A Arguments (For & Against) to be filed City Manager Kearney stated that when considering the November election for the UUT, it is recommended to take into account the County of Los Angeles' current efforts to develop a stormwater funding measure. Although the measure is not yet finalized, the County anticipates developing a tax to fund both regional projects and to provide cities with funding to assist in achieving stormwater compliance. Decisions on how the tax will be administered has not yet been decided. It is also unknown at this time how much revenue the tax would generate. However, it is anticipated that the County measure will be on Itis recommended that the City Council review this report and provide direction to staff on how to proceed. Councilmember Lewis wanted to know how we did not know about the two-thirds requirement. City Attorney Reisman stated that it never came up before during his tenure as a City Attorney that a vote to place a measure on the ballot received a split vote. His experience has always been a 5:0 vote.  be adopted by Council  LACOUNTY STORMWATER FUNDING MEASURE:  the November. 2018 ballot.  RECOMMENDATION: DISCUSSION:  Minutes CC Meeting February, 2018 Page 7of9    DISCUSSION:  Councilmember Barakat inquired if the City Council had time to have a special meeting to vote again. City Manager Kearney The City Council discussed placing the measure on the November ballot. City Attorney Reisman interjected stating that we still need 4 votes to move forward. Do we have 4 votes? Mayor Lathrop and Mayor Pro-Tem Pycz stated that their vote iss still "no" at this time. Mayor Lathrop stated that the UUT measure without a sunset clause was a problem and he wants towait and see what happens with the County measure in UUT Oversight Committee Member Anne Absey stated that the City Council should have kept the UUT going because once it's This was a discussion item only. No further action was taken by the City Council. Council directed City Manager Kearney to provide a report for the next meeting on stormwater updates. City Manager Kearney stated that there will be a Scoping Meeting for the Oak' View Estates Specific Plan on Wednesday, March 14, 2018 from 71 to 8:30 pm at City Hall. City Manager Kearney inquired if the City Council was interested in getting Bradbury polo shirts for National Night Out The Emergency Response Committee (ERC) meet on Thursday, February 15, 2018. The ERC wants to know if the City Council and staff are interested in another First Aid training course to be held at City Hall. Staff was directed to find out what the cost per person would be and if the course would City Manager Kearney stated one of the budget workplan goals was to do infrastructure projects. Mr. Kearney stated that the City needs to replace the fence between City Hall and our neighbor to the south (612 Winston Avenue) because it is falling apart. The City also needs to remove the remaining The City Council was asked to review the City Hall contact sheet, make updates, and return the sheet to Scarlett. City Manager Kearney stated that he is looking into getting Duarte removed from our zip code. When the City received its own zip code in July 2007 the Post Office included the Duarte Mesa in Bradbury's new zip code. Over the years, this has  replied no.  November. gone its dead.  ANNE. ABSEY:  NO ACTION TAKEN:  MATTERS FROM THE CITY MANAGER:  inA August. The answer was no.  beopen to residents as well.  oleanders as they are a fire hazard.  caused many problems and confusion.  MATTERS FROM THE CITY ATTORNEY:  Nothing to report  Minutes CC Meeting February, 2018 Page 8of9    MATTERS FROM THE CITY COUNCIL:  MAYOR LATHROP: MAYOR PRO-TEM PYCZ: COUNCILMEMBER BARAKAT: COUNCILMEMBER HALE: COUNCILMEMBER LEWIS: ITEMS FOR FUTURE AGENDAS: ADJOURNMENT:  Mayor Lathrop reported that currently 15 students from Bradbury are enrolled at Royal Oaks Elementary School.  Nothing to report Nothing to report Nothing to report Nothing to report  Code Enforcement Registry for vacant properties At8:40 p.m. Mayor Lathrop adjourned the meeting to Tuesday,  March 20, 2018 at 7:00 pm. AH  OF BRADBURY  ATTEST:  Claudia Balhona CITY CLERK- - CITY OF BRADBURY  Minutes CC Meeting February, 2018 Page 9 of9