MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, JANUARY 19, 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 tos 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 of the City Council oft 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, Cody Howing (RKA), City Clerk Saldana, Management Analyst Musa 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 Councilmember Barakat stated that he needs to recuse himself from the decision-making process concerning Agenda Item #2 (Appeal of the Planning Commission Decision for 734 Braewood Drive) because he resides within 5001 feet of 734 Braewood Drive. APPROVAL OF AGENDA: the motion which carried unanimously. DISCLOSURE OF ITEMS REQUIRED BY GOV. CODE SECTION 1090 & 81000 ETS SEQ,: agenda items. PUBLIC COMMENT: CONSENT CALENDAR: None 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 A. Minutes: Special Meeting of! December 9, 2020 B. Minutes: Regular Meeting of December 15, 2020 C. Resolution No. 21-01: Demands & Warrants for. January 2021 D. Monthly Investment Reportf for the month of December 2020 adopt." E. Conflict of Interest Code Minutes CC Meeting January 19, 2021 Page 1of7 F. Resolution No. 21-02: AF Resolution oft the City Council of the City of Bradbury Authorizing Application for, and Receipt of, Local Government Planning Support Grant Program Funds Councimember Barakat made a motion to approve the Consent Calendar as presented. Councimember Hale seconded the motion, which was carried by the following roll MOTION TO APPROVE CONSENT CALENDAR: APPROVED: call vote: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop, Barakat and Hale NOES: None ABSENT: None Motion passed 5:0 COUNCILMEMBER BARAKAT RECUSED: Councilmember Barakat recused himself from the decision- APPEAL OF THE PLANNING COMMISSION City Manager Planner Kasama stated that Minor Architectural making process regarding the appeal for 734 Braewood Drive because he lives within 5001 feet oft the subject property. Review Nos. 18-009 and 20-007 were referred to the Planning Commission for the exterior finish of the residence, the re- landscaping of the front yard, and the expansion of the driveway at 734 Braewood Drive. The Planning Commission considered the project at its July 22 and August 26, 2020 meetings, and continued the hearing for the homeowner to provide complete plans and material samples. These were presented at the December 2, 2020 meeting. The Planning Commission adopted Resolution No. PC 20-290 to conditionally approve the project with additional stone veneer to be added to the garage, additional landscaping to be planted along the north property line to screen the recreational vehicle parking area, and repaint the house with a color that is more compatible with the neighborhood. The homeowner appealed the Planning Commission Decision on December 11, 2020. All aspects of the proposal comply with the Development Code and the project is Categorically Exempt under the California Environmental Quality Act (CEQA). Itis recommended that the City Council adopt Resolution No. 21-003 to approve the appeal and amend the Planning Commission decision to allow the house to be finished with the Mayor Lewis stated that the City Council is puzzled about the controversy as all four Councilmembers stated that they have Nicholas D'Amico, Attorney at law, representing the homeowners of 734 Braewood Drive, stated that his clients also object to planting additional landscaping along the north property line to screen the recreational vehicle. Mayor Lewis opened the discussion for public comment. DECISION FOR 734 BRAWOOD DRIVE: RECOMMENDATION: color Larkspur. DISCUSSION: no issue with the color of the house. PUBLIC COMMENT: Minutes CC Meeting January 19, 2021 Page 2 of7 Kevin Stiver, 722 Braewood Drive, property owner to the north, stated his objection to the 35-foot long, 9-foot high recreational vehicle being parked right along the shared property line. Mr. Stiver stated that the RV would stick above the fence by at least 4 feet. Mr. Stiver also said that if someone was to live in the RV they could look right into his bedroom and bathroom Mr. D'Amico stated that no one is going to live in the RV and the parking location meets all code requirements. City Planner Kasama added that the Bradbury Municipal Code does not allow people to live in RVs, so there would be no privacy issue. Melani Jayasinghe, 734 Braewood Drive, stated there are no City guidelines regarding RV parking and that the only issue was the screening with additional landscaping. Mayor Lewis asked Melani what her concern was about planting trees. Is it about cost? Melani replied that it would be unfair, because no one else in the City had toi it. Councimember Lathrop stated that painting the window frames a contrasting color would enhance the appearance of the house. Melani replied that 9 out of 10 neighbors are fine with the way the house is painted right now and that the additional stone veneer the Planning Commission asked for has been Councimember Hale stated that he no issue with the color, but thought that screening the RV was an issue. City Planner Kasama stated that there are no setback requirements for RV Councimember Lathrop stated that he is fine with the color, highlights would be nice, and that the RV screening is an issue for a future ordinance. The City does not have regulations right Mayor Lewis closed the discussion for public comment. Councilmember Lathrop made a motion to approve the appeal and amend the Planning Commission's conditional approval to a) allow the current color (Larkspur) of the house and b) to not require any additional landscaping to screen the RV. Councilmember Hale made a substitute motion to approve the appeal in regards to the color, but to require the additional landscaping to screen the RV. Councimember Hale asked the ifthe City Council could require the property owner to pave the driveway all the way to the back of the property. City Planner Kasama stated that there is already an accessory structure in the back of the property. Melani added that the property is not level and that trees would have to be removed. Councimember Hale's motion died due to al lack of second. Mayor Lewis seconded Councilmember Lathrop's motion. windows. added. parking. now. PUBLIC COMMENT CLOSED: FIRST MOTION: SECOND MOTION: Minutes CC Meeting January 19, 2021 Page 3of7 RESTATE MOTION: Councilmember Lathrop made a motion to approve Resolution AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, SETTINGFORTH THE FINDINGS OF FACTANDI DECISION WITH A CATEGORICAL EXCEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO APPROVE. AN. APPEALAND AMEND THE PLANNING COMMISSION DECISION ADPTING RESOLUTION NO. PC 20-290 TO CONDITIONALLY APPROVE THE EXTERIOR FINISHING OF THE RESIDENCE UNDER MINOR ARCHITECTURAL REVIEW NO. MAR 18-009 AND TO AFFIRM THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF THE RE- LANDSCAPING OF THE FRONT YARD AND EXPANSION OF THE DRIVEWAY UNDER MINOR. ARCHITECTURAL REVIEW NO. MAR-20-007 Mayor Lewis seconded the motion, which was carried by the No. 21-003: AT734E BRAEWOODD DRIVE. following roll vote: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmember Lathrop NOES: Councimember Hale ABSENT: None ABSTAIN: Councilmember Barakat Motion passed 3:1 APPROVED: COUNCILMEMBER BARAKAT: UPDATING ADMINISTRATIVE POLICY NO. 12-01: (FILMI POLICY) Councilmember Barakat re-joined the Zoom meeting. Management Analyst Musa stated that in accordance with Bradbury Municipal Code Section 13.01.340, the City of Bradbury issues film permits to businesses and individuals who wish to film on public or private property within the City limits. Filming activities include, but are not limited to, all onsite preparation (prep), filming and all breakdown (strike) activities. Itis important to include, in writing, the desired role of the Community Services Officer (CSO) to formalize the filming Itis recommended that the City Council approve the updated Mayor Lewis made a motion to approve the updated Film Policy to include the role of the Community Services Officer (CSO). Mayor Pro-Tem Bruny seconded the motion, which was process in the City of Bradbury. Film Policy to include the role of the CSO. RECOMMENDATION: MOTION: carried by the following roll vote: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councimembers Lathrop, Barakat and Hale APPROVED: NOES: None ABSENT: None Motion passed 5:0 Minutes CC Meeting January 19, 2021 Page 4 of7 MEMORANDUM OF AGREEMENT WITHTHE CITIES City Manager Kearney stated that the City of Arcadia solicited OF ARCADIA, BRADBURY, DUARTE, MONROVIA, bids to implement the continuation of the Coordinated SIERRAI MADRE, THE COUNTY OF LOS ANGELES, Integrated Monitoring Plan (CIMP) for the Rio Hondo/San AND COST SHARING OF THE AGREEMENT WITH Arcadia, Bradbury, Duarte, Monrovia and Sierra Madre, the ANDI LOS ANGELES COUNTYFLOOD CONTROL DISTRICT REGARDING THE ADMINISTRATION CWEI INC. FORI IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM ("CIMP") FOR1 THE RIOI HONDOISAN GABRIEL RIVERI WATER QUALITY GROUP: RECOMMENDATION: Gabriel River Water Quality Group's Watershed Management Program (WMP) Plan. The Group, consisting of the cities of County of Los Angeles as well as the Los Angeles County Flood Control District, has agreed to prepare a Memorandum of Agreement (MOA) to aid in the administration, implementation Itis recommended that the City Council approve the Memorandum of Agreement with the cities of Arcadia, Bradbury, Duarte, Monrovia and Sierra Madre, the County of Los Angeles and the Los Angeles County Flood Control District regarding the administration and cost sharing of the Agreement, with Bradbury's cost share totaling $211,148.52 It_is also recommended that the City Council approve an amendment to the 2020-2021 budget to increase account number 102-15-7075 (Utility Users Tax Fund) by $42,229.70 to In2013, the Bradbury City Council approved al Memorandum of Understanding (MOU) with the cities of Arcadia, Azusa, Duarte, Monrovia and Sierra Madre, the County of Los Angeles and the Los Angeles County Flood Control District for cost sharing and development of both the Enhanced Watershed Management Program (EWMP) and the CIMP plans for the Rio Hondo/San Gabriel River watershed. These plans were submitted to the Regional Board on July 28, 2014. On June 29, 201, the CIMP In_2014, the Bradbury City Council worked with the group to approve a three-year contract with two one-year optional extensions to CWE, which was set to expire in December 2020. The City of Azusa was a party to the original CIMP contract in 2014; however, the City of Azusa declined to participate in this Annual costs would be divided among participating agencies based on the MOU's cost sharing formula. The City of Bradbury's total cost for the monitoring program is approx. $211,148.52 over five calendar years, which translates into $42,229.70 each year, starting this year. Yearly costs will come from the City's Utility Users Tax Fund, which has sufficient Mayor Lewis asked if these costs will be ongoing beyond the next five years. Cody Howing, RKA Consulting Group, replied yes. Councilmember Lathrop inquired if there were any non- recurring costs. Mr. Howing stated that the monitoring costs will and cost sharing of the CIMP. over the next five (5) years. cover the costs for this calendar year. BACKGROUND: was approved. new contract. FISCAL IMPACT: funds to cover these costs. DISCUSSION: remain at the same level. Minutes CC Meeting January 19, 2021 Page 5 of7 Mayor Lewis stated that the MOA cost sharing is al bad deal for Bradbury, but we are in a position to pay for it. Councimember Barakat stated that the City of Duarte is bigger in size, has a much larger population and commercial property, and Duarte pays the same as Bradbury. Cody Howing stated that the shared costs are for the monitoring and that is why every city Councilmember Lathrop stated that according to Section 9 of the MOA the City of Arcadia can add another city without consent from the other parties. City Attorney Reisman stated that adding another city would reduce the cost for the other parties, sO why would they object? Mayor Lewis agreed with Councimember Lathrop and suggested that the City Council should approve the MOA with a modification that all cities have Councilmember Lathrop made a motion to approve the Memorandum of Agreement as modified (SECTION 9.F = Additional Participants). Councimember Hale seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lewis, Mayor Pro-Tem Bruny, Councilmembers Lathrop and Hale NOES: Councilmember Barakat ABSENT: None Motion passed 4:1 pays the same amount. toconsent to adding another participant. MOTION: APPROVED: MATTERS FROM THE CITY MANAGER: City Manager Kearney stated that the City Council needs to pick a date for a Special Meeting during the first week of February to approve the contract with a consultant for the City's Housing Element Update. The Special Meeting was scheduled for Monday, February 1, 2021 at6 6:00p.m. MATTERS FROM THE CITY ATTORNEY: MATTERS FROM THE CITY COUNCIL: MAYOR LEWIS: MAYOR PRO-TEM BRUNY: COUNCILMEMBER LATHROP: COUNCILMEMBER BARAKAT: COUNCILMEMBER HALE: ITEMS FOR FUTURE AGENDAS: Nothing to report Nothing to report Nothing to report Nothing to report Councilmember Barakat stated that he was selected to sit on a committee to review new County Sanitation rates. Nothing to report Councimember Barakat would like to discuss regulations for motor home parking in the side yard setback areas. CLOSED SESSION None PUBLIC COMMENT REGARDING CLOSED SESSION ONLY: Minutes CC Meeting January 19, 2021 Page 6 of7 RECESS TO CLOSED SESSION A. Pending Litigation litigation. One potential case). AT7:25 PM: 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 a Special Meeting on REPORT FROM CLOSED SESSION: taken. ADJOURNMENT: Monday, February1 1,2021 at6 6:00p p.m. MAYOR-CITY OF BRADBURY Bals ATTEST: Claul Saldana CITY CLERK- CITY OF BRADBURY Minutes CC Meeting January 19, 2021 Page 7of7