MINUTES OF AI REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BRADBURY HELD ON TUESDAY, SEPTEMBER 18, 2018 MEETING CALLED TO ORDER: The Regular Meeting of the City Council of the City of Bradbury was called to order by Mayor Barakat at 7:00 p.m. Councilmember Bruny led the Pledge of Allegiance. PRESENT: Mayor Barakat, Mayor Pro-Tem Hale, Councilmembers Lewis, Bruny and Lathrop ROLL CALL: ABSENT: None STAFF: City! Manager Kearney, Acting City Attorney Kress, City Planner Jim Kasama, City Engineer John Leveillee (RKA), City Clerk Saldana and Management Analyst Santos Leon Councilmember Lewis made a motion to approve the agenda to proceed with City business. Mayor Pro-Tem Hale seconded the 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 Manager Kearney stated that staff was not aware of any APPROVAL OF AGENDA: motion which carried. DISCLOSURE OF ITEMS REQUIRED BY GOV. CODE SECTION 1090 & 81000 ETS SEQ,: 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 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 - Regular City Council Meeting of August 21, 2018 B. Resolution No. 18-23: Demands & Warrants for September 2018 C. Monthly Investment Report for the month of August 2018 D. Adoption of Ordinance No. 358: Amending thel Bradbury Municipal Coder regarding Property Maintenance Standards E. Appointment of Planning Commissioners for Districts 2 and4 Councilmember Lathrop stated that he had a correction to the Minutes on page 5 regarding the motion to approve the number of sign-ups for the Ring Program rebate. City Manager Kearney stated that staff already made the correction. Councilmember Lewis made a motion to approve the Consent Calendar as amended. Mayor Pro-Tem Hale seconded the motion, which was carried by the following roll call vote: adopt." MINUTES: MOTION TO APPROVE CONSENT CALENDAR: Minutes CC Meeting September 18, 2018 Page 1 of8 APPROVED: AYES: Mayor Barakat, Mayor Pro-Tem Hale, Councilmembers Lewis, Bruny and Lathrop NOES: None ABSENT: None Motion passed 5:0 ORDINANCE NO 359. = AMENDING THE BMC TO PROHIBIT SHORT-TERM RENTALS AND ADVERTISEMENTS City Manager Kearney stated that earlier this year, it was brought to the City's attention that a residence on Gardi Street was being rented on a short-term basis through an online rental service such as Airbnb. Neighbors complained about problems due to this activity, including loud parties, excessive parking on the street, illegal use of fireworks, and other inconveniences. The City Council discussed this matter and directed staff to develop a code amendment to address short-term rentals. After considering the options of either allowing short-term rentals with strict regulations, or prohibiting them completely, it was decided that due to the additional resources that would be required to regulate short-term rentals, it was proposed that they be prohibited completely to avoid the adverse effects on After researching short-term rental ordinances of other cities, the City Attorney drafted Ordinance No. 359 to amend the City's Municipal Code to add definitions of "Advertisement and "Short-Term Rentals" and add Short-Term Rentals" to the "Uses Expressly Prohibited" sections of each residential zone of the Development Code. The proposed Ordinance also prohibits the advertising of short-term rentals. City Planner Kasama stated that the Planning Commission held a duly noticed public hearing for the proposed Development Code amendment to prohibit short-term rentals of residences at their August 22, 2018 meeting. Following the conclusion of the hearing and discussion, the Commission adopted Resolution No. PC 18-277 to recommend to the City Council the approval of a Development Code Amendment to prohibit short-term rentals of residences with an exception under the California City Planner Kasama stated that the Planning Commission recommended in Section E of the Resolution that the City Council consider to allow short-term, house-sharing types of room rentals with limitations and regulations, such as requiring that the property owner be present during the short-term room rental, that the short-term renting of room be limited to a maximum number of days or occurrences in a year, and that Itis recommended that the City Council close the public hearing and introduce Ordinance No. 359 as drafted with a determination that the ordinance is exempt under the California Mayor Barakat opened the public hearing for public comment. IN THE CITY: the City's neighborhoods. PROPOSED AMENDMENT: PLANNING COMMISSION REVIEW: Environmental Quality Act (CEQA). SECTION E: the property may be subject to inspections. RECOMMENDATION: Environmental Quality Act (CEQA). PUBLIC HEARING OPENED: Minutes CC Meeting September 18, 2018 Page 2 of8 PUBLIC TESTIMONY: Gayle Jenkins, 2115 Gardi Street, stated that she does not agree with the Planning Commission's recommendation and said that she supports at full ban on short-term rentals. Stella Tsai, 623 Fairlee Avenue, also supports at full ban. Ann Rule, 2215 Gardi Street, stated that she was the recent victim of al burglary and supports ai full ban. Peter Javryd, 2107 Gardi Street, was also in favor of a full ban. Roberta Schwartz, 2204 Gardi Street, spoke in favor of a full Robert Jones, 620 Spring Point Drive, stated that he was not in support of a full ban, but agreed that loud parties should be Anne. Absey, 44 Woodlyn Lane, inquired about the definition of City Planner Kasama replied that short-term rental means the rental of a dwelling unit or a room in a dwelling unit, for compensation or consideration for less than thirty (30) ban. avoided. short-term rental. consecutive days. PUBLIC COMMENT CLOSED: DISCUSSION: Mayor Barakat closed the public! hearing. Councimember Lewis agreed with Robert Jones to be careful about restricting property rights and stated that he is against a Councimember Lathrop stated that residents are affected now and supported an outright ban which should not be delayed. Mayor Pro-Tem Hale and Councilmember Bruny also Councimember Lathrop made a motion to introduce Ordinance No. 359 as drafted with drafted with a determination that the ordinance is exempt under the California Environmental Quality Act (CEQA). Mayor Pro-Tem Hale seconded the motion, wich full ban. supported a complete ban. MOTION: was carried by the following roll call vote: AYES: Mayor Barakat, Mayor Pro-Tem Hale, Councilmembers Bruny and Lathrop NOES: Councilmember Lewis ABSENT: None Motion passed 4:1 APPROVED: AWARD OF BID - LEMON TRAIL REHABILIATION PROJECT: RECOMMENDATION: City Engineer John Leveillee (RKA) stated that the Lemon Trail Rehabilitation Project was advertised on August 3, 2018 and bids were opened on August 28, 2018 with NoHo Construction Itis recommended that the City Council award a contract to NoHo Constructors in the amount of $57,475.00. being the lowest responsible bidder. Minutes CC Meeting September 18, 2018 Page 3of8 PROJECT DESCRIPTION: John Leveillee stated the project consist of re-grading the Lemon Trail between Royal Oaks Drive North and Lemon Street. Water-bar steps will be installed to decease the grade of the trail at the steepest portions and repairs will be made to the existing drainage system. The trail will then receive a finished coating of crushed rock infused with polymers which will resist erosion better than the old decomposed granite material. Councilmember Lewis made a motion to award the bid for the Lemon Trail Rehabilitation Project to NoHo Constructors in the amount of $57,475.00. Mayor Pro-Tem Hale seconded the motion, which was carried by thei following roll call vote: AYES: Mayor Barakat, Mayor Pro-Tem Hale, Councimembers Lewis, Bruny and Lathrop MOTION: APPROVED: NOES: None ABSENT: None Motion passed 5:0 ORDINANCE NO. 360 AND RESOLUTION NO. 18-25: City Planner Kasama stated that a required update of the City's Housing Element of the General Plan was due October 15, 2017. However, before an update can be submitted to the State Department of Housing and Community Development, the City must adopt Development Code amendments and a General Plan amendment that the State required for the previous The City has retained a consultant, Karen Warner (present) who prepared the 2014 Housing Element Update to prepare the current Housing Element Update. In preparing for the update, the consultant found that the policies of the 2014 Housing Element that called for various amendments had not update in 2014. CONSULTANT KAREN WARNER: been implemented. NECESSARY AMENDMENTS: The necessary amendments are as follows: New definitions and regulations for allowing residential care facilities, and supportive and transitional housing Adefinition of multi-family dwelling, and amendment of the accessory living quarters regulations to include multi-family dwellings as a permitted use Addition of reasonable accommodation procedures for Amendment of the General Plan to appl the affordable housing overlay to the civic center site to enable the site to be developed with an emergency shelter by right The proposed development code amendments are presented for review by the City Council in Planning Commission disable persons PROPOSED AMENDMENTS: Resolution No. 18-275: Exhibit A: New definitions and regulations for residential care facilities and supportive & transitional housing Minutes CC Meeting September 18, 2018 Page 4 of 8 Exhibit B: New definition of multi-family dwelling, and amendment of the accessory living quarters definition Exhibit C: Delete accessory living quarters regulations from the residential zones to avoid inconsistencies Exhibit D: Amend accessory living quarters regulations Exhibit E: Add reasonable accommodation procedures City Planner Kasama stated that the Development Code amendments are to be adopted by ordinance, and have been transferred into draft Ordinance No. 360. The General Plan amendment is to be adopted by Resolution No. 18-25. In adopting Resolution No. PC 18-27, the Planning Commission expanded the permitting of supportive and transitional housing to all zones. Staff had drafted the amendment to include these uses only in the R-7,500 and R-20,000 zones as these zones are more typical residential areas, and staff's opinion is that communal residential care facilities wouid not be compatibie in the A-1, A-2, and A-5 zones where agricultural and equestrian uses are prevalent. Itis recommended that the City Council introduce Ordinance No. 360 and adopt Resolution No. 18-25 as drafted with a determination that the ordinance and resolution are exempt under the California Environmental Quality Act (CEQA). Mayor Barakat opened the public hearing for public comment. There being no public comment, Mayor Barakat declared the Councimember Lewis wanted to know what the City Council is Consultant Karen Warner stated that the City has to allow supportive and transitional housing in all zones that allow Councimember Lathrop inquired about second story SROs. Councilmember Lewis stated that the Council does not understand the Resolution. The required update is already overdue. How long does the Council have to adopt the Mayor Pro-Tem Hale proposed to put off the discussion for 30 Mayor Barakat stated that the City Council needs to have a Acting City Attorney Kress suggested that the Council adopt Resolution No 18-25 and continue the public hearing for for disabled persons PLANNING COMMISSION REVIEW: RECOMMENDATION: PUBLIC HEARING OPENED: PUBLIC HEARING CLOSED: DISCUSSION: public hearing closed. absolutely required to do. residential uses. Resolution? days. study session on just this item. Ordinance No. 360. ACTING CITY ATTORNEY KRESS: Minutes CC Meeting September 18,2018 Page 50 of8 MOTION TO CONTINUE THE PUBLIC HEARING OPEN ANDTO ADOPT RESOLUTION NO. 18-25: Councimember Lathrop made a motion to continue open the public hearing for Ordinance No. 360 and to adopt Resolution No. 18-25: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY GENERAL PLAN TOADDTHE AFFORDABLE HOUSING OVERLAYT TO THE CIVIC CENTER SITEA AT600 WINSTON AVENUE. Mayor Pro-Tem Hale seconded the motion, which was carried by the following roll call vote: AYES: Mayor Barakat, Mayor Pro-Tem Hale, Councimembers Lewis, Bruny and Lathrop APPROVED: NOES: None ABSENT: None Motion passed 5:0 October 9, 2018 at 6:00 p.m. STUDY SESSION SCHEDULED: 2018 CONFLICT OF INTEREST CODE The City Council scheduled a study session for Tuesday, City Manager Kearney stated that the Political Reform Act requires every local agency to review its conflict of interest code biennially, in even-numbered years. It is time to update the City's confict-of-interest code by updating the positions and titles of individuals required to file FPPC Form 700. Since the last update, there have been no substantial changes to the organizational structure, other than the addition of the recently appointed Community Services Officer as a designated position Itis is recommended that the City Council accept the 2018 Local Agency Biennial Notice and adopt Resolution No. 18-24. Councimember Lewis made a motion to accept the 2018 Local Agency Biennial Notice and adopt Resolution No. 18-24, adding the Community Services Officer as a designated position for filing. Mayor Pro-Tem Hale seconded the motion, request during the August meeting, this is a discussion regarding the City's Community Services Officer (CSO). In2 2016, the City Council decided to utilize a portion of the City's COPS fund in developing a Community Services Officer program. The thought was that a CSO position in Bradbury could be helpful in the focusing of crime prevention, as well as taking on some of the non-law enforcement duties to assist the community. The idea was also that the CSO would be able to take fingerprints, write reports, and handle evidence. Ultimately, the City decided to move forward with sharing a Community Services Officer with the City of Monrovia. In2017, the CSO program launched, and the City has had very positive feedback from the community. The current CSO provides residents with a sense of comfort with the increased visibility, he is able to spend time with residents consulting them on video camera best practices, and he is able to educate residents on a wide variety of animal control measures. UPDATE: forf fling. RECOMMENDATION: MOTION TO ADOPT RESOLUTION NO. 18-24: which carried unanimously. DISCUSSION REGARDING BRADBURY'S City Manager Kearney stated that pursuant to the Council's COMMUNITY SERVICES OFFICER: BACKGROUND: Minutes CC Meeting September 18, 2018 Page 6 of8 There have been some challenges in integrating a CSO from Monrovia into the current County Sheriff's Department system. For example, the CSO is not able to bei issued a Sheriffs radio tor monitor any traffic occurring in the City. The CSO, to date, has not yet written a report for the Sheriff's Department or The City receives approximately $100,000 a year in COPS funding from the State of California. Of this amount, the City contracts with the City of Monrovia for $37,000 for a part-time Community Services Officer that is shared with Monrovia. Itis isr recommended that the City Council discuss the Community Services Officer Program and direct staff on how to proceed. Lt. Jess Carracso, Temple Station, stated that a Sheriff's radio would cost $5,000. City Manager Kearney stated that the City Council would have to adopt a Resolution to buy radio equipment with COPS funds. Currently the CSO can listen in on a scanner, and use his cell phone to call the Sheriff's The City Council took no action on this discussion item. City Manager Kearney inquired if the City Council wished to revisit tree replacement of trees in the public right-of-way. The City Manager Kearney inquired if the City Council would like to discuss expanding the responsibilities of the Emergency Response Committee to include Neighborhood Watch and public safety. The Council instructed staff to place the item on City Manager Kearney asked the Council if they wished to discuss policing services with the City of Monrovia. Mayor Barakat stated that the City Council's plate is full right now and Acting City Attorney Kress thanked the Council for having him back. Robert Kress was Bradbury's City Attorney 30 years ago. Mayor Barakat stated that the San Gabriel Valley Mosquito & Vector Control District has identified the Manor as a huge offender of standing water, which breeds mosquitoes. taken any fingerprints. FINANCIAL ANALYSIS: RECOMMENDATION: DISCUSSION: Department to report a problem. NO ACTION TAKEN: MATTERS FROM THE CITY MANAGER: City Council replied no. the next agenda. torevisit this discussion at al later time. MATTERS FROM THE CITY ATTORNEY: MATTERS FROM THE CITY COUNCIL: MAYOR BARAKAT: MAYOR PRO-TEM HALE: COUNCILMEMBER LEWIS: COUNCILMEMBER BRUNY: COUNCILMEMBER LATHROP: Nothing to report Nothing to report Nothing to report Nothing to report Minutes CC Meeting September 18, 2018 Page 70 of8 ITEMS FORI FUTURE AGENDAS: Councimember Lathrop would like to discuss the dial-a-ride program with the City of Monrovia to include the Goldline Councilmember Lathrop also would like the Council to consider ab ban on construction fencing at non-construction sites. Discussion of Measure W (Stormwater Management) on the Discussion on the Restructuring of the Emergency Response Station in Duarte. November 6, 2018 ballot. Committee. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION: The City Council convened to a Closed Session to discuss Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(4) Title: VCA Code Group (City Planning Services) The City Council reconvened into Open Session to announce any action taken. Acting City Attorney Kress reported that the City Council discussed the matter. No formal votes were taken. At 9:00 p.m. Mayor Barakat adjourned the meeting to a Special Meeting on Tuesday, October 9, 2018 at 6:00 pm. RARD RECONVENE INTO OPEN SESSION: ADJOURNMENT: MAYOR-CITY OF BRADBURY ATTEST: CRaudia Sallans CITY CLERK: - CITY OF BRADBURY Minutes CC Meeting September 18, 2018 Page 8 of8