MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELDONTUESDAKJUNE 21, 2022 AT THE BRADBURY CIVIC CENTER 600 WINSTON AVENUE, BRADBURY, CA 91008  EXECUTIVE ORDER NO. 25-20:  Pursuant to Goveror 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 heart 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 The Regular Meeting of the City Council of the City of Bradbury was called to order by Mayor Pro-Tem Lathrop at 7:00 p.m. PRESENT: Mayor Pro-Tem Lathrop, Councilmembers Barakat,  during those times.  MEETING CALLED TO ORDER:  followed by the Pledge of Allegiance.  ROLL CALL:  Hale and Lewis ABSENT: Mayor Bruny  STAFF: City Manager Kearney, City Attorney Reisman, City Clerk Saldana and Management Analyst Musa Councimember Barakat made a motion to excuse Mayor Bruny from the meeting. Councilmember Hale seconded the motion According to Bradbury Municipal Code Section 2.01.060, every year in June the City Council shall reorganize and select one of its members as Mayor, and one as Mayor Pro-Tem. Candidates for Mayor Pro-Tem shall self-nominate by writing a statement of intent. City Manager Kearney stated that Council- member Barakat has submitted a statement of intent. Councilmember Barakat made a motion to appoint Mayor Pro- Tem Lathrop to the position of Mayor. Councilmember Hale seconded the motion which carried unanimously. Councilmember Hale made a motion to appoint Councilmember Barakat to the position of Mayor Pro-Tem. Councilmember Lewis seconded the motion which carried Mayor Lathrop, Mayor Pro-Tem Barakat, Counciimembers Hale, Lewis and Bruny (not present) City Manager Kearney stated that the Southern California Edison Representative tested positive for Covid and has to reschedule the Presentation to the June meeting. Council- member Lewis made a motion to approve the agenda, as amended, to proceed with City business. Mayor Pro-Tem Barakat seconded the motion, which carried unanimously.  MAYOR BRUNY EXCUSED:  which carried.  CITY COUNCIL REORGANZATION:  APPOINTMENT OF MAYOR:  APPOINTMENT OF MAYOR PRO-TEM:  unanimously.  NEW ROLL CALL: APPROVAL OF AGENDA:  Minutes CC Meeting June 21, 2022 Page 1of9    DISCLOSURE OF ITEMS REQUIRED BY GOV. CODE SECTION 1090 & 81000  Inc compliance with the California Political Reform Act, each City Councimember has the responsibility to disclose direct or indirect potential fora personal financial impact as a result of participation in the decision-making process concerning City Attorney Reisman stated that he was not aware of any  ETSEQ,:  agenda 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 Meeting ofl May 17,2022 B. Resolution No. 22-12: Demands & Warrants for. June 2022 Resolution No. 22-13: Demands & Warrants for July 1,2022 D. Monthly Investment Report fort the month of May 2022 Resolution No. 22-14: FPPC2 2022 Conflict of Interest Code F. Resolution No. 22-15: Approval of Gann Appropriation Limitf for Councimember Hale made a motion to approve Consent Calendar as presented. Councilmember Lewis seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat, Councilmembers Hale and Lewis NOES: None ABSENT: Councilmember Bruny Motion passed 4:0  adopt."  FY2022-2023  MOTION TO APPROVE CONSENT CALENDAR: APPROVED:  PUBLIC HEARING - INTRODUCTION OF ORDINANCE NO. 383: BACKGROUND:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE IX DEVELOPMENT CODE) OF THE BRADBUY MUNICIPAL CODE RELATINGTOSENATE BILL9AND: SECONDARYLIVING: QUARTERS On September 16, 2021 Governor Newsom signed Senate Bill 9 (SB 9) which took effect on January 1, 2022. SB 9 added two new sections to the State Government Code requiring cities to ministerially approve the development of up to two units on single-famiy-zoned lots and requiring cities to ministerially approve lot splits that meet the provisions of SB 9. The approval of such developments is subject to certain requirements, but without a local ordinance, those requirements are based only on SB 9, which does not account for local conditions. To have SB 9 developments comply with local standards, the City Council adopted Urgency Ordinance No. 380 at the December 21, 2021 regular meeting.  Minutes CC Meeting June 21, 2022 Page 2 of9    As an urgency ordinance, it was adopted without public hearings and needs to be replaced by a regular ordinance that is reviewed through- public hearings by - the Planning In preparing the regular ordinance to replace Urgency Ordinance No. 380, staff asked the City Council to have a study session. The study session was not only for SB 9 but also to discuss planning matters related to the Housing Element. Since SB 9 is for housing development, its provisions are important to the. preparation of the Housing. Element. The. City. Council held as study session on February 7, 2022 and again on March 7, 2022. At the regular April 19, 2022 meeting the City Council directed staff to proceed with drafting a regular ordinance to replace Urgency Ordinance No. 380 and include other needed changes relating to the provisions for secondary living quarters. The Planning Commission reviewed a draft of the replacement ordinance (Ordinance No. 383) and held a public hearing at a Special Meeting held on May 23, 2022. The Planning Commission adopted Resolution No. 22-304 to recommend The City's Housing Element was circulated for public review at the beginning of May. Two changes have been made to Ordinance No. 383 based on input received on the City's draft Housing Element that were not reviewed by the Planning Commission. These changes are to delete the occupancy limits Itis recommended that the City Council approve a motion to accept the Ordinance with the removal of the occupancy restrictions, determine that Ordinance No. 383 is exempt under the California Environmental Quality Act (CEQA), continue the public hearing to July 19, 2022, and direct that the changes be Mayor Lathrop proposed some changes on pages 8, 22 and 27 of the draft ordinance. Staff reviewed the proposed changes and recommends that they be incorporated in the draft Mayor Lathrop opened the public hearing and asked those speaking in favor or opposition to come forward and be heard. There being no public input, Mayor Lathrop continued the public open to the. July 19, 2022 City Council meeting. Councimember Hale made a motion to accept the Ordinance with the removal of the occupancy restrictions, incorporate the changes proposed by Mayor Lathrop, determine that Ordinance No. 383 is exempt under the California Environmental Quality Act (CEQA), continue the public hearing open to July 19, 2022, and direct that the changes be considered by the Planning Commission. Councimember Barakat seconded the motion, which was carried by the following roll call vote:  Commission and City Council.  :  PLANNING COMMISSION REVIEW:  approval of the proposed ordinance.  DRAFT HOUSING ELEMENT:  on SROS and guest houses.  RECOMMENDATION:  considered by the Planning Commission.  DISCUSSION:  ordinance.  PUBLIC HEARING OPENED AND CLOSED: MOTION:  Minutes CC Meeting June 21, 2022 Page 3of9    APPROVED:  AYES: Mayor Lathrop, Mayor Pro-Tem Barakat, Councilmembers Hale and Lewis NOES: None ABSENT: Councilmember Bruny Motion passed 4:0  FISCAL YEAR 2022-2023 ANNUAL RATE The City: of Bradbury contracts with Burrtec Waste Services for  ADJUSTMENT FOR SOLID WASTE COLLECTION. AND RECYCLING:  solid waste collection and recycling. Burrtec has been providing franchised refuse collection and recycling services for the City of Bradbury since July 1997. Pursuant to Section 10.10 of the Franchise Agreement, each subsequent July 1 (after July 1, 1999) the rate for each category of service shall be subject to upward or downward adjustment. Customer rates are comprised of the following categories: contractor service cost, disposal cost, recycling processing, green waste processing Richard Nino (Burrtec) walked the City Council through a Power Point presentation going over the proposed new rates for trash, recycling, manure and green waste collection in the The consumer price index (CPI) based on the July 2021 All Urban Consumer Price Index for Los Angeles, Long Beach and Anaheim, CA is 3.83% and was incorporated into the calculations. Trash, green waste and recyclables continued to be delivered to the Waste Management Material Recovery Facility (MRF) in Azusa. Given the CalRecycle approved collection waiver for SB 1383 compliance, the City will not need to provide an expanded organics food waste recycling program. Nevertheless, the regional solid waste infrastructure has changed significantly to address SB 1383 organics recycling requirements. This is evident in the green waste tip fee which is increasing from $48/65/ton to $93.20/ton. These changes have been occurring throughout the region as organics recycling processes have adapted to fit the new need. Trash disposal is also increasing from $53.45/ton to $61.43/ton while recyclables commodity markets improved during 2021 resulting in a recycling processing cost reductions for the 2022 rate year Mr. Nino stated that included in the rate review is a consideration for a street sweeping adjustment that has not been adjusted since 2017, as well as a revised monthly fee for City Manager Kearney stated that Burrtec provides approximately $39,000 in franchise waste management fees to Itis recommended that the City Council approve the proposed refuse collection and recycling rates for FY 2022-2023 to  cost and manure waste processing cost.  POWER POINT PRESENTATION BY BURRTEC:  City of Bradbury.  from $46.94/ton to $9.67/ton.  the improved wildlife deterrent cart.  FINANCIAL ANALYSIS: RECOMMENDATION:  the City annually.  become effective July 1, 2022.  Minutes CC Meeting June: 21, 2022 Page 4 of9    DISCUSSION: MOTION:  Mayor Lathrop requested that Burrtec's power point presentation be included in the agenda packet next year Councimember Hale made a motion to approve approve the proposed refuse collection and recycling rates for FY 2022- 2023 to become effective July 1, 2022. Mayor Lathrop seconded the motion, which was carried by the following roll AYES: Mayor Lathrop, Mayor Pro-Tem Barakat, Councilmembers Hale and Lewis NOES: None ABSENT: Councilmember Bruny Motion passed 4:0  RCANRBISARdIDPRNGON the- screen.  call vote:  APPROVED:  DISCUSSION ON USE OF CAL RECYCLE FUNDS:  Management Analyst Musa stated that the City applied for the CalRecycle Beverage Container Recycling City/County Payment Program and was approved to receive $5,000. In the past, there have been challenges expending these monies, as funds are restricted and may only be utilized to support activities related to container recycling and litter abatement. In previous years, the City expended CalRecycle funds through a grant program and partnered with surrounding cities. In 2020, water refill stations were added as an egible activity and would allow the City to use funds to install water refill stations. At the April City Council meeting, Staff was directed to contact the City of Duarte about partnering and installing a water refill station on the Duarte portion of Royal Oaks Trail (near Buena Vista). The City of Duarte expressed interest in installing a Each year, the City of Bradbury receives $5,000 from CalRecycle. These are restricted funds and cannot be used for General Fund purposes. The City has had difficulties in the past expending all monies received, which resulted in a surplus. As such, the total fund balance is $11,292.02. Iti is recommended that the City Council approve the purchase ofa water refill station for the City of Duarte at an amount not to Councilmember Barakat made a motion to approve the purchase of a water refill station for the City of Duarte at an amount not to exceed $7,500. Councilmember Hale seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat, Councilmembers Hale and Lewis NOES: None ABSENT: Councilmember Bruny Motion passed 4:0  water refill station.  FINANCIAL REVIEW:  RECOMMENDATION:  exceed $7,500.  MOTION:  APPROVED:  Minutes CC Meeting June 21,2022 Page 5of9    RESOLUTION NO. 22-16: ADOPTION OF At the May 17, 2022 regular meeting the City Council reviewed  BUDGET FORI FY: 2022-2023 AND RESOLUTIONNO.2247-ALLOCATNG BRADBURY'S CITIZENS OPTION FOR SAFETY (COPS)FUNDS:  the proposed Fiscal Year 2022-2023 draft budget and City Manager Kearney stated that the Agenda Memo in the agenda packet was missing the proposed expenditures column for FY 2022-2023 (attachment #6). A corrected expenditures report. was provided to the City Council per email and hard Itis recommended that the City. Council adopt Resolution No. 22-16, approving the City of Bradbury's Annual Budget for Fiscal Year 2022-2023 and Resolution No. 22-17, approving the expenditure plan for grant funds pursuant to the Citzens' Option for Public Safety COPSSupplemental Law Enforce- City Manager Kearney stated that the added the sewer reimbursement schedules, as requested by Councimember City Manager Kearney also stated that the City needs to update its PersonnelEmployee Handbook and that he allocated $15,000 in account #101-16-6210 as a placeholder. The City Council felt that staff could plagiarize a Handbook from another The City Council also instructed staff to utilize the option to prepay the PERS UAL (unfunded actuarial liability) for FY: 2022-2023 in the month of July 2022. Prepaying the UAL Councilmember Barakat made a motion to adopt Resolution No. 22-16, approving the City of Bradbury's Annual Budget for Fiscal Year 2022-2023 and Resolution No. 22-17, approving the expenditure plan for grant funds pursuant to the Citzens' Option for Public Safety COPSSupplemental Law Enforce- ment Service Fund). Councimember Hale seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat, Councilmembers Hale and Lewis NOES: None ABSENT: Councilmember Bruny Motion passed 4:0  discussed- otesictecomngye:  copy.  RECOMMENDATION:  ment Service Fund).  DISCUSSION:  Lewis.  City and does not need to hire a consultant.  will save the City 3.5% in interest.  MOTION:  APPROVED:  CITY COUNCIL LIAISONS FORI FY 2022-2023 AND RESOLUTION NO. 22-18 PERTAINING TO THE APPOINTMENT/S) TO THE SAN GABRIEL VALLEY COG:  City Manager Kearney stated that when the City Council reorganizes, part of the annual reorganization is to review the organization and association assignments. The appointment to the San Gabriel Valley Council of Governments (COG) requires authorization by Resolution. It is recommended that the City Council designate City Councilmembers to organizations and associations and adopt Resolution No. 22-18.  Minutes CC Meeting June 21, 2022 Page6of9    CITY COUNCIL LIAISONS FOR FY 2022-2023:  California Contract Cities Association (CCCA)  Representative: vacant Alternate: vacant.. League of California Cities Representative: Mayor Lathrop Alternate: vacant Representative: Mayor Lathrop Alternate: vacant  LA County City Selection Committee (should be Mayor) LA County Sanitation Districts (must be Mayor) Representative: Mayor Lathrop has conflict ofi interest-can'tserve Alternate: Mayor Pro-Tem Barakat Southern California Joint Powers Insurance Authority Representative: vacant (must be member of governing body) Alternate: City Manager Kearney Southern California Association of Governments Representative: vacant Alternate: vacant Foothill Transit  Representative: Mayor Pro-Tem Barakat Alternate: Councilmember Bruny SGV Mosquito & Vector Control District Representative: Mayor Pro-Tem Barakat (term expires 12/31/25) Duarte Community Education Council Representative: Councimember Bruny Alternate: Mayor Lathrop Duarte Education Foundation Representative: Mayor Lathrop Alternate: Councimember Bruny Disaster Committee Representative: Mayor Lathrop Alternate: Councilmember Bruny LASD Temple Station Booster Club Representative: vacant Alternate: vacant Alternate: vacant  Alternate: vacant  Area D Emergency Services and Director of the Bradbury  San Gabriel Valley Council of Governments Representative: Mayor Pro-Tem Barakat  Minutes CC Meeting June 21, 2022 Page7of9    MOTION TO ADOPT RESOLUTION NO. 22-18:  Councimember Hale made a motion to adopt Resolution No. 22-18: Appointing the Governing Board Member and Alternate Governing Board.Memberto.-te-San-Gabrie! Valley- Council of Governments. Mayor Pro-Tem Barakat seconded the motion, which was carried by the following roll call vote: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat, Councilmembers Hale and Lewis NOES: None ABSENT: Councimember Bruny Motion passed 4:0  APPROVED:  MATTERS FROM THE CITY MANAGER:  City Manager Kearney stated that Bradbury Night Out is coming up on Thursday, July 28, 2022 and asked if any of the Councilmembers had any ideas about attendance. Everyone felt that attendance would be the same as before or maybe up City Manager Kearney stated that the City Council, Planning Commission and Staff needs to cmplete their AB 1234 ethics training again soon. The training needs to be taken every two  to 10% more.  years. Closed Session. Nothing to report Nothing to report Nothing to report Nothing to report Nothing to report Not present  MATTERS FROM THE CITY ATTORNEY: City Attorney Reisman stated that he has a report for the  MATTERS FROM THE CITY COUNCIL:  MAYOR BRUNY: MAYOR LATHROP: COUNCILMEMBER BARAKAT: COUNCLMEMBERHALE: COUNCILMEMBER LEWIS: COUNCILMEMBER BRUNY: ITEMS FORI FUTURE AGENDAS:  The City Council decided to hold an adjourned City Council Meeting for Ordinance No. 383 on Monday, June 27, 2022 at 7;00 p.m. (after the June 22, 2022 Planning Commission  Meeting).  Minutes CC Meeting June 21, 2022 Page 8of9    CLOSED SESSION None  PUBLIC COMMENT REGARDING CLOSED SESSION ONLY: RECESS TO CLOSED SESSION:  The City Council adjourned to a Closed Session to discuss the A. Public Employee Performance Evaluation Government Code Section 54957(b)(4) Title: City Manager  following:  REPORT FROM CLOSED SESSION:  City Attorney Reisman reported that the City Council met in Closed Session to discuss a Performance Evaluation and instructed the City Attorney on how to proceed. No formal or At 8:36 p.m. Mayor Lathrop adjourned the meeting to an adjourned meeting to be held on Monday, June 27, 2022 at  informal votes were taken.  ADJOURNMENT:  7:00, p.m.  OF BRADBURY  A6  ATTEST:  ChBlla CITY CLERK-CITY OF BRADBURY  Minutes CC Meeting June 21, 2022 Page 9of9