MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BRADBURY
HELD ON TUESDAY, DECEMBER 13, 2022
AT THE BRADBURY CIVIC CENTER
600 WINSTON AVENUE, BRADBURY, CA 91008
CALIFORNIA GOVERNMENT
CODE SECTION 54953(e)(1):
participate in this meeting by means of a Zoom video or telephone call. Participants will be able to hear the entire proceedings and be able to speak during Public Comment, Public Hearing, and other authorized times. Members of the 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 Lathrop at 7:10 pm followed by the Pledge of Allegiance.
ROLL CALL: PRESENT: Mayor Lathrop (remote), Mayor Pro-Tem Barakat (arrived at 7:20 pm), Councilmembers Hale, Lewis and Bruny ABSENT: None
STAFF: City Manager Kearney, City Attorney Reisman,
City Engineer Gilbertson, City Clerk Saldana and Diane Jensen APPROVAL OF AGENDA: Councilmember Lewis made a motion to approve the agenda to proceed with City business. Councilmember Bruny seconded the motion, which carried unanimously
DISCLOSURE OF ITEMS REQUIRED BY In compliance with the California Political Reform Act, each City GOV. CODE SECTION 1090 & 81000 ET Councilmember has the responsibility to disclose direct or SEQ,: indirect potential for a personal financial impact as a result of participation the decision-making process concerning
agenda items.
City Attorney Reisman stated that he was not aware of any disclosures.
PUBLIC COMMENT ON ANY MATTER None
NOT ON THE AGENDA:
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 Consent Calendar are deemed to "waive further reading and adopt."
Minutes CC Meeting
December 13, 2022
A. Minutes: Regular Meeting of November 15, 2022
B. Resolution No. 22-27: Demands & Warrants for December 2022 • C. Monthly Investment Report for the month of November 2022 D. Resolution No. 22-28: Designating Diane Jensen as Assistant City Clerk Starting January 3, 2023
MOTION TO APPROVE Councilmember Lewis made a motion to approve the Consent CONSENT CALENDAR: Calendar as presented. Councilmember Bruny seconded the motion, which was carried by the following roll call vote:
APPROVED: AYES: Mayor Lathrop, Councilmembers Hale and Lewis NOES: None
ABSENT: Mayor Pro-Tem Barakat
Motion passed 4:0
APPROVAL OF COSTS, PLANS, City Manager Kearney stated that an Initial Study/Mitigated CONTRACT SPECIFICATIONS AND Negative Declaration (IS/MND) was prepared to evaluate the ENVIRONMENTAL DOCUMENTS FOR THE Bradbury Road Widening Project's potential impacts to the BRADBURY ROAD WIDENING PROJECT: environment and outlined required mitigation measures to reduce the impacts of the project on the community. The IS/MND has concluded its required public review period and is now ready for acceptance by the City Council. Plans and contract specifications have also been completed for the project with the exception of the specific type of retaining wall to be constructed along the north side of the roadway. Once the retaining wall details have been finalized, the plans and specifications will be ready to advertise for bid.
PROJECT DESCRIPTION City Manager Kearney handed over the staff report to the City BY THE CITY ENGINEER: Engineer, David Gilbertson, for the Project Description.
City Engineer David Gilbertson (RKA Consulting Group) stated that the segment of Bradbury Road/Wildrose Avenue between Winding Oak Lane and the main entrance to the Bradbury
Estates is a narrow curvilinear two-lane roadway with limited shoulder areas due to the presence of large hedges,
slopes, mature trees, and a steep hillside. The current roadway width presents hazards and challenges to large moving trucks, horse trailers, and construction vehicles entering and exiting the Estates main entrance. This situation has been
exacerbated due to the prohibition of large vehicles using the narrow Wild Rose bridge in Monrovia westerly of the main entrance. The widening of the roadway will provide a safer means of access for all vehicles using the main Bradbury Estates entrance.
RETAINING WALL: The existing street width of approximately 23 feet will be increased to a proposed uniform curb-to-curb street width of 36 feet. Due to the steep slope along the north side of the street, this widening will require the construction of a large retaining wall along the 150 Deodar Lane property frontage.
Minutes CC Meeting
December 13, 2022
The construction of a retaining wall along the north side of the roadway will be required to not oniy minimize grading impacts but also to preserve the remainder of the hillside and maximize the preservation of its prominent trees. There are a few options tor the proposed retaining wall type:
1. Soil-nail wall (rock faces, boulder faces or form poured)
2. Decorative split face wall
3. MSE (gravity) wall
4. Decorative wall (stucco, rock face, decorative cap) to match the Bradbury Estates entrance walls.
TREE REMOVAL: The widening of the road on the north end of the project will have an impact to the existing hillside and its vegetation, which includes mature Coast Live Oaks trees. Construction of the retaining wall will minimize the impacts but it still anticipated that eleven (11) Oak trees will be impacted by construction.
However, the final count of the trees to be removed will be determined at the time of construction by a certified arborist.
PROPERTIES IMPACTED BY City Engineer Gilbertson stated that there are three properties ROAD WIDENING PROJECT: along the roadway that will be impacted by the widening project: 150 Deodar Lane, 28 Dovetail Lane, and 302 Bradbury PUBLIC TESTIMONY AT THE At the November 15, 2022 City Council Meeting, public NOVEMBER 15, 2022 testimony was received from several concerned residents.
CITY COUNCIL MEETING: Some of the issues are identified as follows:
Are drainage improvements included in the project?
The project will contribute minimal amounts of additional storm run-off so the existing drainage patterns will be maintained and no drainage improvements are included, or needed, in the project.
The project will have minimal detrimental impacts to the existing wildlife corridor.
Much of the natural hillside will be maintained in its current condition so the project will have a minimal impact to the exiting wildlife corridor.
Why not improve the Lemon Avenue entrance to the
Bradbury Estates in lieu of construction of this project? The segment of Bradbury Road/Wildrose Avenue is sub-
standard in width and does not allow for safe passage of two- way traffic, especially large trucks and delivery vehicles. The proposed project will widen the roadway to provide improved ingress/egress to the main entrance for large vehicles, thereby allowing the existing gate to be the primary entrance.
The operation of the Lemon Avenue gate is the responsibility of the Bradbury Estates HOA and is not part of this project.
RECOMMENDATION: It is recommended that the City Council 1) Approve the IS/MND Document and Mitigation Measures for the Bradbury Road Widening Project;
2) Approve he project's total cost estimate of $736,498; Minutes CC Meeting
December 13, 2022
3) Provide direction on the type of retaining wall to be constructed along the north side of the roadway; and
4) Approve the new plans and specifications and authorize the City Engineer to advertise and receive formal bids.
PUBLIC INPUT: Mayor Pro-Tem Barakat opened up the discussion for public input.
PUBLIC COMMENT In Opposition:
(IN PERSON: Jessy Li, 28 Dovetail Lane, Bradbury
Meredith Jung, 506 Bradbury Road, Monrovia
Sergio Jimenez, 550 Park Rose Avenue, Monrovia
Susan Carbone, 1017 Oak Leaf Avenue, Monrovia
Serena Burnett, 44 Woodlyn Lane, Bradbury
Joan Smith, 508 Bradbury Road, Monrovia
Larry Walden Sr., 1020 Wildrose Avenue, Monrovia
Nina Curone, 613 Ranchito Road, Monrovia
Mary Duong, Clergy & Laity United for Economic Justice
Donald Lewis, 543 Bradbury Road
PUBLIC COMMENT In Opposition:
(ONLINE): Rosemary Gavidia, Monrovia
David Pilcher, 1034 Wildrose Avenue, Monrovia
COMMENTS RECEIVED in Opposition:
BY EMAIL IN NOV/DEC: Karen Jain, Monrovia
Serena Burnett, 44 Woodlyn Lane, Bradbury
Theresa Edinger, 44 Woodlyn Lane, Bradbury
Anne Absey, 44 Woodlyn Lane, Bradbury
Nancy McGrain, 302 Bradbury Road, Bradbury
Gabrielle Klein-Meja, Monrovia
Rev. Mary Duong, Associate Pastor of First Baptist Church of Maywood Andree Matton, Monrovia
Emily Heebner & Eric Young, 415 N. Primrose Ave, Monrovia Nina Curone, 613 Ranchito Road, Monrovia
Emma Humphrey, Monrovia
Dale Baum, Monrovia
Linda Gill, Monrovia
Dylan Feik, Monrovia City Manager
Rosemary Gavidia, Monrovia
Meredith Jung, 506 Bradbury Road, Monrovia
Holly Coates, Monrovia
Dale Baum, Monrovia
Sandi Thomas, Monrovia
K. Vance, Duarte
Tom Traeger, 1013 Orange Avenue, Monrovia
Liz McLaughlin, Monrovia
Erin Robinson, Monrovia
Tyke Zorbas, Monrovia
Rev. Janna Louie, Monrovia
Judith Selby, 1442 Lemon Avenue, Bradbury
PUBLIC COMMENT CLOSED: Mayor Pro-Tem Barakat closed the discussion to public comment.
Minutes CC Meeting
December 13, 2022
DISCUSSION: City Engineer Gilbertson stated for clarification that there are 48 trees on the entire hillside, 11 of those trees were identified for removal. No portion of the project is located in the City of Monrovia.
MOTION TO APPROVE COSTS, PLANS, The staff report and all oral and written comments were made CONTRACT SPEFICIATIONS AND of the public record. Councilmember Hale made a motion to ENVIRONMENTAL DOCUMENTS FOR THE approve the Costs, Plans, Contract Specifications and BRADBURY ROAD WIDENING PROJECT: Environmental Documents for the Bradbury Road Widening Project, give the property owner of 302 Bradbury Road the additional items she requested, as listed in the staff report, and instructed the City Engineer to get alternative bids for the retaining wall. Councilmember Lewis seconded the motion, which was carried by the following roll call vote:
APPROVED: AYES: Mayor Lathrop, Mayor Pro-Tem Barakat,
Councilmembers Hale, Lewis and Bruny
NOES: None
ABSENT: None
Motion passed 5:0
MATTERS FROM THE CITY MANAGER: City Manager Kearney inquired if the City Council would still like to discuss the Lemon Trail Project at the January meeting.
The answer was yes.
City Manager Kearney asked the City Council to submit agenda items for the breakfast meeting with Supervisor Kathryn Barger on January 25, 2023. Mayor Pro-Tem Barakat stated that he would like to discuss the Annexation of the portion of the road in front of the Manor (retirement community).
MATTERS FROM THE CITY ATTORNEY: City Attorney Reisman reported that in the matter of "1527 Royal Oaks Drive North" Staff received the death certificates for Robert and Ruth Penney from the LA County Registrar Recorder. Staff also received a letter from James Penney, Trustee for The Penney Family Trust, questioning the City's authority to pursue code enforcement on the property.
MATTERS FROM THE CITY COUNCIL:
MAYOR LATHROP: Nothing to report
COUNCILMEMBER BARAKAT: Nothing to report
COUNCILMEMBER HALE: Nothing to report
COUNCILMEMBER LEWIS: Nothing to report
COUNCILMEMBER BRUNY: Nothing to report
ITEMS FOR FUTURE AGENDAS: Discussion of Lemon Avenue Trail Plans Minutes CC Meeting
December 13, 2022
CLOSED SESSION
RECESS TO CLOSED SESSION: The City Council adjourned to a Closed Session to discuss:
A. Public Employee Performance Evaluation
Government Code Section 54957(b)(4)
Title: City Engineering
REPORT FROM CLOSED SESSION: City Attorney Reisman reported that the City Council met in Closed Session for a Public Employee Performance Evaluation No formal votes were taken.
ADJOURNMENT: At 8:40 pm Mayor Pro-Tem Barakat adjourned the meeting to a regular meeting to be held on Tuesday, January 17, 2023 at 7:00 pm.
MAYOR - CITY OF BRADBURY
ATTEST:
Claudia Saldana
CITY CLERK - CITY OF BRADBURY
Minutes CC Meeting
December 13, 2022
INTEROFFICE MEMORANDUM
TO: CITY COUNCIL
FROM: CLAUDIA SALDANA, CITY CLERK
SUBJECT: BRADBURY ROAD WIDENING PROJECT
DATE: 12/13/22
CC: CITY MANAGER, CITY ATTORNEY
ATTACHED ARE COMMENTS RECEIVED FROM BRADBURY AND
MONROVIA RESIDENTS REGARDING THE BRADBURY ROAD WIDENING PROJECT.
Claudia Saldana
From: [email protected]
Sent: Sunday, December 11, 2022 7:52 PM
To: CityHall
Subject: Wildrose/Bradbury tree removal
I am writing to strongly object to the proposal to clear-cut the old-growth trees canopy along this road.
What we have here is a classic Big Development ($$) vs Environmental destruction conundrum.
Which side are you on? Which Side will you choose. Please preserve these beautiful trees for we, your neighbors, for your own citizens, for future generations, and for wildlife... especially birds.. who have no voice. Keep Bradbury beautiful, keep Bradbury wild. Your decision will be your legacy.
Thank you.
K. Vance- your Fish Canyon, Duarte neighbor (please forward to Bradbury mayor and councilpersons, thank you.)
Claudia Saldana
From: Tom Traeger <[email protected] >
Sent: Sunday, December 11, 2022 8:07 PM
To: CityHall
Cc: Daphne Traeger
Subject: Road Widening Project on Bradbury Rd
Hello,
I am a Monrovia resident and I live in the Bradoaks area near Bradbury Rd. and the entrance to Bradbury Estates. Please let the City Council know that I am urging them to issue a NO vote on Tuesday night regarding the proposed road widening project on Bradbury Rd. where it meets the Bradbury Estates and Wild Rose Ave. At least 48 trees, many of the them protected oaks, will be cut down for the road widening. Traffic in our residential neighborhood will increase. The scenic nature of our area will be compromised. This project may lower my property value. Everything about this project is wrong. Thank you for your consideration.
Tom Traeger
1013 Orange Ave.
Monrovia, CA 91016
Phone: 818-926-0874
Sent from my iPhone
Claudia Saldana
From: drosecat < [email protected]>
Sent: Monday, December 12, 2022 12:13 PM
To: CityHall
Subject: Trees
Just saw a post regarding the removal of these beautiful trees at Wildrose-Bradbury. That would be terrible!!!!! One of the reasons I moved to this area was because there are so many beautiful oaks and the city has such charming character. Once you begin doing things like this you take that away. Please don't do this. I walk in this area daily it is so beautiful.
Liz McLaughlin
Sent from my Verizon, Samsung Galaxy smartphone
Kevin Kearney
From: Erin Robinson <[email protected]>
Sent: Tuesday, December 13, 2022 3:49 AM
To: Kevin Kearney
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Bradbury Road Widening Project
Dear Mr. Kearney:
I am a lifelong local resident and current homeowner in the City of Monrovia. I am writing to voice my concern over the proposed removal of 46 trees as part of the Bradbury Road Widening Project. Our community's native oak trees are priceless. They serve such vital functions as providing shade and oxygen for our neighborhoods, calming noise and traffic, providing habitat for wildlife, and sequestering atmospheric carbon. All of these functions make our cities healthier and more livable.
Per the Project's Native Tree Survey and Arborist Report, 22 of the trees proposed for removal are Prominent Trees in good or fair health. 25 trees require mitigation for removal. The proposed mitigations of 1:1 replacement with 15-gallon trees are woefully inadequate considering the immediate global climate crisis. Our native oaks are not fast-growing trees. It may take many decades for a 15-gallon Coast Live Oak to grow to maturity to functionally replace a large existing tree. Whether a young oak can survive the ongoing desertification of our region is another question. As annual average temperatures rise and drought becomes the new norm in Southern California, how many of these replacement oaks will survive to maturity? With the recent unprecedented losses of so many of our native oaks to wildfire, every remaining tree is now more important than it has ever been.
I urge the City of Bradbury as the lead agency on this project to require the developer to prioritize the preservation of mature oaks in all phases of both this project and the associated mansion development project, including site planning, grading, and construction, in keeping with the City's professed intent to preserve and protect its trees as an important natural resource. The City of Bradbury should work with the City of Monrovia to fully assess whether it is necessary to utilize this entrance to the Bradbury Estates, or if an alternative can be found that would negate the necessity of widening Bradbury Road and removing these trees. The Project's Arborist Report discusses the difficulty of maintaining these trees through grading, with reference to the significant slope on-site and the potential dangers of root compaction and soil disturbance, so it is likely not feasible to save these trees if the project proceeds as proposed. In that event, a 5-13 ft retaining wall may not be the right choice for this neighborhood. A stepped wall that can be landscaped in tiers could potentially help mitigate the loss of these trees aesthetically as well as reduce the glare, heat, and noise likely to result from the construction of a single, large wall.
However, any trees that can be saved should be saved, and the loss of trees that cannot be saved should be mitigated in a manner that more accurately reflects the value these trees represent to the community. If these oaks must be removed, they should be replaced at a higher ratio with larger box trees as appropriate and in accordance with the minimum recommended mitigations proposed by the Arborist Report, which recommends replacement at a minimum ratio of 2:1. Additionally, I would like to see the concurrent planting of additional fast-growing trees for each mature oak to be removed, in order to more rapidly replace some of the lost canopy on a temporary basis until the replacement oaks grow to maturity. This could help to mitigate some of the climate impacts of removing so many large mature trees.
The City of Bradbury should not approve a Mitigated Negative Declaration that does not even attempt to meet the minimum mitigations proposed by the consulting arborist; this seems to show a lack of good faith in preparation of the MND. It does seem like a point that could be challenged by parties seeking a full EIR. I believe a better approach would be to sit down with interested stakeholders in both Bradbury and Monrovia to see what solutions might be agreed upon.
I hope the City of Bradbury recognizes the importance of all protected native oak trees to the community and moves to act in the best interest of those who will be most impacted by the proposed projects. Thank you for your consideration.
Regards,
Erin Robinson
Monrovia Resident and Homeowner
Kevin Kearney
From: Claudia Saldana
Sent: Tuesday, December 13, 2022 10:04 AM
To: Kevin Kearney
Subject: FW: Very sad, do we really need 14 more mansions in Bradbury? From: Tyke Zorbas <[email protected]>
Sent: Monday, December 12, 2022 8:14 PM
To: CityHall <[email protected]>
Subject: Very sad, do we really need 14 more mansions in Bradbury? Widening the road, commercial vehicles disrupt the peace and quiet.
Three Hundred mature trees removed, shade gone, clean air reduced.
Monrovia had a big area in the foothills years ago that developers wanted to build many homes on this big beautiful forest area. Monrovia drafted a bill was passed, taxes were added to property taxes and the land was saved.
Now hundreds of people hike in this beautiful area that was paid for by its residents and now owned by monrovia.
Beautiful shaded area that provides a watershed, clean fresh air and is enjoyed by many people. Not wealthy people that want a mansion.
Hundreds of people were afraid to say anything but contributed their ideas hoping that the city of bradbury would wake up and do what's right.
Signed concerned residents
Kevin Kearney
From: Janna Louie <[email protected]>
Sent: Tuesday, December 13, 2022 2:25 PM
To: CityHall; Bruce Lathrop; Kevin Kearney; Rick Barakat; Dick Hale; Monte Lewis; Elizabeth Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Bradbury Road Widening Project
Dear Bradbury City Council and Monrovia City Council,
I am writing to you to ask you to revoke the Bradbury Road Widening Project at your city council meeting tonight. I am a resident of Monrovia and a local clergy with parishioners in Bradbury. Climate change is threatening the wellbeing of our future generations. My faith tradition shapes my value to care for all of creation and to consider the good of our society.
Removing 48 trees that contribute to clean air and green space for our people and environment will have lasting impact on the next generations.
Please join our world in saving the planet and protecting our natural ecosystem by revoking this road widening project.
Our children and elders are in need of safe places to exercise, play, and relax. I run on the path a few times each week and am grateful for the community and people ! see regularly on that path. Our community is better for this area and this needed green space. The Bradbury Road Widening Project will abolish these historic gifts from past generations.
Additionally, the project will increase carbon emissions and traffic in the midst of a local community. Our ecosystem will be further destroyed through this project.
I urge the City Council and City Manager to consider future generations and the gifts of former generations to protect these trees and stop this project. Please contact me with any additional questions.
Thank you for your consideration. I look forward to hearing from you.
Sincerely,
Rev. Janna Louie
91016
Claudia Saldana
From: Judith Selby <[email protected]>
Sent: Tuesday, December 13, 2022 4:19 PM
To: CityHall
Subject: Road Widening Issue on Council Agenda Tonight
I am writing to oppose the Bradbury/Monrovia Road Widening Project on the Bradbury City Council agenda tonight. Please add my name to those in opposition. In this day and age, with climate change and global warming, we cannot afford to cut down 43 mature trees, let alone destroy nesting grounds and habitat for our wildlife. You cannot replace the role these trees play in our environment, and it's definitely not worth trading them for a wider road and more concrete.
Additionally, the additional heavy truck traffic and potential future construction in the forest north of Bradbury city limits is outrageous. Bradbury's motto -- Preserving Rural Tranquility -- will become a mockery. This little piece of rural tranquility will be gone forever.
I urge you to vote no on this project.
Sincerely,
626-359-6666
Claudia Saldana
From: Edward Belden < [email protected]>
Sent: Tuesday, December 13, 2022 6:42 PM
To: Claudia Saldana; CityHall
Subject: Comments on City Council Item 2 Bradbury Road Widening Project Attachments: Bradbury Road Widening Project.pdf
Hello,
Please find comments regarding the proposed Bradbury Road Widening Project to be heard at City Council this evening Thanks, Edward Belden
Concerned Resident of Monrovia
Bradbury Road Widening Project Comments, Issues, and Concerns submitted to the City of Bradbury for the City Council Meeting on December 13, 2022.
Introduction
This project has very few benefits if any and yet causes huge impacts to the community at a substantial monetary cost. In fact the Project's MND does not even provide a rationale as to why this project is being undertaken. This project in its current form is exactly the type of project that CEQA was designed to tell people it should not proceed.
That is of course if a proper Environmental Analysis was completed which would require an Environmental Impact Report. For the reasons provided below the current MND is insufficient and does not clearly address all impacts, does not reduce impacts below the level of significance to the environment, the community, and the natural resources as prescribed by CEQA.
Comments, Concerns and Issues with the Bradbury Road Widening Project Mitigated Negative Declaration dated November 2022.
Section 2.
2.1 Project Location
The project location map, Figure 1, indicates that a significant part of this project is actually in Monrovia and not in Bradbury, if we don't have a good understanding of where this project is we should not be undertaking it and can we trust the rest of the MND to be sufficient if the maps are not consistent? If this project is within Monrovia, they should have provided formal comments on this MND, there is no letter from the City of Monrovia in this package. In addition, the Project and description on detail of the Encroachment Permits required by the City of Monrovia.
Section 4.3
1. Aesthetics
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
This section states "Additionally, the Project would not be capacity increasing and would not result in additional traffic or subsequent light from headlights." If this is the case why is the project needed at all if no additional traffic will be using the roadway. The existing roadway should be sufficient.
This section fails to address the new lighting that will be used along the new retaining wall and entrance to Bradbury estates once it is complete and the impacts it will have on the neighbors in Monrovia from additional light and glare? Additional analysis is required and mitigation measures would be required to limit lighting impacts to the residential neighborhood. The current MND is insufficient.
4. Biological Resources:
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? The MND does not mitigate Impacts to Coast Live Oak Woodlands. The MND clearly states the project will have an impact to 0.18 acres of Oak Woodlands (The Biological Report states 0.29 acres of Oak Woodlands) that are listed as a Sensitive Natural Community by the California Department of Fish and Wildlife and also listed to be protected by the City of Bradbury General Plan.
The California Oak Woodlands provide habitat for more than 300 species of wildlife, moderate temperature extremes, reduce soil erosion and sustain water quality. This is not addressed in the MND at all and the proposed mitigation would not replace oak woodlands as a habitat type. The current mitigation will only replace single oak trees in various undescribed locations that will not mitigate the loss of Oak Woodland Habitat.
Therefore, this project is inconsistent with Bradbury General Plan, which is not addressed, and it is also inconsistent with state law regarding protecting CDFW Sensitive Habitats. Additional analysis and mitigation is needed to reduce impacts below the level of impact. This MND is insufficient.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The project does not have enough information to determine the impacts to migratory birds due to the one day survey that was completed at the site. The current proposed mitigation measure calls for only one survey prior to construction which will not mitigate disruptions to birds that travel to the site to nest while construction is on-going.
Therefore the current MND is insufficient and does not mitigate impacts to migratory birds and needs to be reassessed.
Section 11. Land Use and Planning
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmentai effect?
The proposed project will conflict with the Bradbury General Plan regarding preserving Oak Woodlands. This is not discussed in this section and it not mitigated in this section or any other section. Only single trees are being proposed as mitigation, no oak woodlands have been proposed to mitigate for the loss.
Section 21. Mandatory Findings of Significance
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop beiow seif-sustaining leveis, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? This section is currently written wrong as the project will have an impact on a listed California Department of Fish and Wildlife sensitive habitat, Oak Woodlands, therefore this MND is deficient and additional analysis is required.
Lack of Coordination:
There is no letter from the California Department of Fish and Wildlife regarding the impacts to the Oak Woodlands from this project. Have they been notified and consulted regarding the impacts of this project? If not, the MND is deficient and needs to be reevaluated.