MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BRADBURY
HELD ON TUESDAY, JUNE 21, 2022
AT THE BRADBURY CIVIC CENTER
600 WINSTON AVENUE, BRADBURY, CA 91008
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 cali 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 those times.
MEETING CALLED TO ORDER: 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. followed by the Pledge of Allegiance.
ROLL CALL: PRESENT: Mayor Pro-Tem Lathrop, Councilmembers Barakat, Hale and Lewis
ABSENT: Mayor Bruny
STAFF: City Manager Kearney, City Attorney Reisman,
City Clerk Saldana and Management Analyst Musa
MAYOR BRUNY EXCUSED: Councilmember Barakat made a motion to excuse Mayor Bruny from the meeting. Councilmember Hale seconded the motion which carried.
CITY COUNCIL REORGANIZATION: 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.
APPOINTMENT OF MAYOR: Councilmember Barakat made a motion to appoint Mayor Pro- Tem Lathrop to the position of Mayor. Councilmember Hale seconded the motion which carried unanimously.
APPOINTMENT OF MAYOR PRO-TEM: Councilmember Hale made a motion to appoint Councilmember Barakat to the position of Mayor Pro-Tem.
Councilmember Lewis seconded the motion which carried
unanimously.
NEW ROLL CALL: Mayor Lathrop, Mayor Pro-Tem Barakat,
Councilmembers Hale, Lewis and Bruny (not present)
APPROVAL OF AGENDA: 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.
Minutes CC Meeting
June 21, 2022
DISCLOSURE OF ITEMS REQUIRED BY In compliance with the California Political Reform Act, each City GOV. CODE SECTION 1090 & 81000 Councilmember has the responsibility to disclose direct or ET SEQ,: indirect potential for a personal financial impact as a result-of- participation in the decision-making process concerning agenda items.
City Attorney Reisman stated that he was not aware of any conflicts of interest.
PUBLIC COMMENT: None
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 May 17, 2022
Resolution No. 22-12: Demands & Warrants for June 2022
C. Resolution No. 22-13: Demands & Warrants for July 1, 2022 D Monthly Investment Report for the month of May 2022
Resolution No. 22-14: FPPC 2022 Conflict of Interest Code F. Resolution No. 22-15: Approval of Gann Appropriation Limit for FY 2022-2023
MOTION TO APPROVE Councilmember Hale made a motion to approve Consent CONSENT CALENDAR: Calendar as presented. Councilmember Lewis seconded the motion, which was carried by the following roll call vote:
APPROVED: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat,
Councilmembers Hale and Lewis
NOES: None
ABSENT: Councilmember Bruny
Motion passed 4:0
PUBLIC HEARING - INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, OF ORDINANCE NO. 383: CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE IX (DEVELOPMENT CODE) OF THE BRADBUY MUNICIPAL CODE
RELATING TO SENATE BILL 9 AND SECONDARY LIVING QUARTERS BACKGROUND: 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-family-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,
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.
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June 21, 2022
As an urgency ordinance, it was adopted without public
hearings and needs to be replaced by a regular ordinance that is reviewed through public hearingsby the Planning.
Commission and City Council.
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 a 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.
PLANNING COMMISSION REVIEW: he Planning Commission reviewed a draft of the replacemer rdinance (Ordinance No. 383) and held a public hearina at Special Meeting held on May 23, 2022. The Planning
Commission adopted Resolution No. 22-304 to recommend
approval of the proposed ordinance.
DRAFT HOUSING ELEMENT: 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 on SROs and guest houses.
RECOMMENDATION: It is 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 considered by the Planning Commission.
DISCUSSION: 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
ordinance.
PUBLIC HEARING OPENED Mayor Lathrop opened the public hearing and asked those AND CLOSED: 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.
MOTION: Councilmember 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. Councilmember Barakat seconded the motion,
which was carried by the following roll call vote:
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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
ADJUSTMENT FOR SOLID WASTE Sold Waste Coleturn antract it. Burtec has been presing COLLECTION AND RECYCLING: 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 cost and manure waste processing cost.
POWER POINT PRESENTATION Richard Nino (Burrtec) walked the City Council through a BY BURRTEC: Power Point presentation going over the proposed new rates for trash, recycling, manure and green waste collection in the City of Bradbury.
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 from $46.94/ton to $9.67/ton.
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 the improved wildlife deterrent cart.
FINANCIAL ANALYSIS: City Manager Kearney stated that Burrtec provides approximately $39,000 in franchise waste management fees to the City annually.
RECOMMENDATION: is recommended that the City Council approve the propose fuse collection and recycling rates for FY 2022-2023
become effective July 1, 2022.
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DISCUSSION: Mayor Lathrop requested that Burrtec's power point presentation be included in the agenda packet next year because it is hard-to read on the-screen.
MOTION: Councilmember 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 rol APPROVED: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat,
Councilmembers Hale and Lewis
NOES: None
ABSENT: Councilmember Bruny
Motion passed 4:0
DISCUSSION ON USE OF Management Analyst Musa stated that the City applied for the CAL RECYCLE FUNDS: 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 water refill station.
FINANCIAL REVIEW: 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.
RECOMMENDATION: It is recommended that the City Council approve the purchase of a water refill station for the City of Duarte at an amount not to exceed $7,500.
MOTION: 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:
APPROVED: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat,
Councilmembers Hale and Lewis
NOES: None
ABSENT: Councilmember Bruny
Motion passed 4:0
Minutes CC Meeting
June 21, 2022
RESOLUTION NO. 22-16: ADOPTION OF At the May 17, 2022 regular meeting the City Council reviewed BUDGET FOR FY 2022-2023 AND the proposed Fiscal Year 2022-2023 draft budget and RESOLUTION NO. 22-17: ALLOCATING discussed priorities for the coming year.
BRADBURY'S CITIZENS OPTION FOR
SAFETY (COPS) FUNDS: 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 copy.
RECOMMENDATION: It is 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 (COPS/Supplemental Law Enforce- DISCUSSION:
as reauested bv Councilmembe
City Manager Kearney also stated that the City needs to update its Personnel/Employee 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 City and does not need to hire a consultant.
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 will save the City 3.5% in interest.
MOTION: 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 (COPS/Supplemental Law Enforce- ment Service Fund). Councilmember Hale seconded the
motion, which was carried by the following roll call vote:
APPROVED: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat,
Councilmembers Hale and Lewis
NOES: None
ABSENT: Councilmember Bruny
Motion passed 4:0
CITY COUNCIL LIAISONS FOR FY City Manager Kearney stated that when the City Council 2022-2023 AND RESOLUTION NO. 22-18 reorganizes, part of the annual reorganization is to review the PERTAINING TO THE APPOINTMENTS) organization and association assignments. The appointment to TO THE SAN GABRIEL VALLEY COG: 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
CITY COUNCIL LIAISONS California Contract Cities Association (CCCA) FOR FY 2022-2023: Representative: vacant
Alternate: vacant..
League of California Cities
Representative: Mayor Lathrop
Alternate: vacant
A County City Selection Committee (should be Mayor
Representative: Mayor Lathror
Alternate: vacant
LA County Sanitation Districts (must be Mayor)
Representative: Mayor Lathrop has conflict of interest-can't serve Alternate: Mayor Pro-Tem Barakat
outhern California Joint Powers Insurance Authoril
epresentative: vacant (must be member of governing body Alternate: City Manager Kearney
Serene can sociation of Governments
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) Alternate: vacant
Duarte Community Education Council
Representative: Councilmember Bruny
Alternate: Mayor Lathrop
Duarte Education Foundation
Representative: Mayor Lathrop
Alternate: Councilmember Bruny
Area D Emergency Services and Director of the Bradbury
Disaster Committee
Representative: Mayor Lathrop
Alternate: Councilmember Bruny
LASD Temple Station Booster Club
Representative: vacant
Alternate: vacant
San Gabriel Valley Council of Governments
Representative: Mayor Pro-Tem Barakat
Alternate: vacant
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MOTION TO ADOPT Councilmember Hale made a motion to adopt Resolution No RESOLUTION NO. 22-18: 22-18: Appointing the Governing Board Member and Alternate Governing Board Member to the San Gabriel Valley Council of Governments. Mayor Pro-Tem Barakat seconded the motion, which was carried by the following roll call vote:
APPROVED: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat,
Councilmembers Hale and Lewis
NOES: None
ABSENT: Councilmember Bruny
Motion passed 4:0
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 to 10% more.
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 years.
MATTERS FROM THE CITY ATTORNEY: City Attorney Reisman stated that he has a report for the Closed Session.
MATTERS FROM THE CITY COUNCIL:
MAYOR BRUNY: Nothing to report
MAYOR LATHROP: Nothing to report
COUNCILMEMBER BARAKAT: Nothing to report
COUNCILMEMBER HALE: Nothing to report
COUNCILMEMBER LEWIS: Nothing to report
COUNCILMEMBER BRUNY: Not present
ITEMS FOR 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).
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CLOSED SESSION
PUBLIC COMMENT REGARDING None
CLOSED SESSION ONLY:
RECESS TO CLOSED SESSION: The City Council adjourned to a Closed Session to discuss the following:
A. Public Employee Performance Evaluation
Government Code Section 54957(b)(4)
Title: City Manager
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 informal votes were taken.
ADJOURNMENT: At 8:36 p.m. Mayor Lathrop adjourned the meeting to an adjourned meeting to be held on Monday, June 27, 2022 at 7:00 p.m.
MAYOR - CITY OF BRADBURY
ATTEST:
Claudia Saldana
CITY CLERK - CITY OF BRADBURY
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June 21, 2022