BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING
MINUTES
JANUARY 18,2022
CLOSED SESSION
5:45 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Closed Session to order at 5:45 p.m., all members were present
Present: Hupp, Parker, Marick, Vargas, Simonoff
1. Public Comment
None.
2 Closed Session may convene to consider maners ol purchase / sale ol realproperty (G. C. S54956.8). pendrnq lrugation [G.C.Ss49s6.9(dX1)] poGnnal htigarion [G. C. 5s4956.9 (dX2)( 3 ) or (4 )] llabilily claims (G. C S s4961 ) or pelsonnel ilems (G. C.S 54957.6 ). Records nol available for pu bhc rn 3pecllon.
Conference with Legal Counsel Pursuantto Government Code Section 54956.9(dX1) - Existing Litigation. Name of Case: Kessner v. City of Santa Clara et al. (Case No. 20cv364054)
4 Conference with City's Labor Negotiator Pursuant to Government Code 554957.6 Regarding the Brea Fire Management Association (BFMA) - Chris Emeterio, Negotiator, Cindy Russell, Negotiator, and Mario E. Maldonado, Negotiator.
STUDY SESSION
6:15 p.m. - Council Chamber
Plaza Level
CALL TO ORDER / ROLL CALL. COUNCIL
Mayor Hupp called the Study Session to order at 6:17 p.m., all members were present 5 Public Comment
Denise Eby requested that the lnvestment Advisory Committee review the City's Annual Comprehensive Financial Report (ACFR) going forward.
Januery 18,2022
1 3.Conference with Legal Counsel Pursuant to Government Code Section 54956.9(dX2) - Anticipated Litigation. Significant Exposure to Litigation: I potential case. Facts and Circumstances: Brea Firefighters Association FLSA Matter.
Mayor Hupp adjourned the Closed Session at 6:14 p.m.
Clarify Regular Meeting Topics
Councilmember Vargas requested clarification on ltem 20, Zoning Ordinance Text Amendment N0.2021-02.
DISCUSSION ITEMS
Southern California Association of Governments (SCAG) Delegate and Alternate for the Regional Conference and General Assembly, scheduled for May 4 - 6,2022.
The City Council appointed Mayor Hupp as the Delegate and Councilmember Simonoff as the Alternate for the Southern California Association of Governments (SCAG) Regional Conference and General Assembly.
Mayor Appointments
Mayor Hupp maintained all existing Committee assignments, except indicated that she will resume her role as the Alternate on Sanitation District.
Council discussed the distribution of assignments.
2022 Brea Legislative Platform
Communications and Marketing Manager Pharis presented the item and briefly discussed the proposed changes.
Council discussed the proposed changes and Townsend Public Affair's recommendation to overhaul the City's legislative platform by shifting to a smaller platform with some specific statements and general principles.
Mayor Hupp inquired as to ltem N under "General lssues" and if the subject of districting would fall under that item.
Council concurred to move forward with the proposed changes and further discuss the guiding principles and platform overhaul for the next calendar year.
Orange County Fire Authority's Fire Proposal to Fullerton and lmpact to Brea/Fullerton Command Share Agreement
City Manager Gallardo presented an oral report on the item and indicated that the City of Fullerton is currently receiving a proposal from OCFA that could potentially impact the City of Brea, should Fullerton choose to accept the proposal and disband the current command share agreement. He spoke about the current Fire Department budget and indicated that staff would need to discuss at how best to absorb the cost, which would include examtning the Fire Department overtime and staffing; a Cal Fire Grant; and recommendations in the upcoming Standards of Cover report- He indicated that the City will be mindful of what is happening in Fullerton and will keep a close watch. City Manager Gallardo also presented a proposed timeline should the partnership disband.
REPORT
Council Member ReporURequests
Councilmember Vargas requested that the Councilmember's titles on the December 7th minutes be updated, as reflected in ltem 23.
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10. 11.
Mayor Hupp adjourned the Study Session at 6:36 p.m.
6. 9.
January 18,2022
2 GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
't4.
16. 't7.
18. CALL TO ORDER/ ROLL CALL - COUNCIL
Ivlayor Hupp called the General Session to order at 7:00 p.m., all members were present.
13.lnvocation
Rick Darden, Friends Community Church, delivered the lnvocation Commendation: Outgoing Planning Commissioner - Sara Barnes-Ramos lvlayor Pro Tem Parker presented outgoing Planning Commissioner, Sara Barnes-Ramos, with a Commendation for her years of service on the Planning Commission.
Report - Prior Study Session
City Manager Gallardo provided the prior Study Session report.
Community Announcements
Councilmember Marick announced that the Orange County Public Library Brea Branch is temporarily closed while undergoing major tenant improvements. She indicated that construction is estimated to take six to nine months.
Councilmember Simonoff encouraged the community to be pad of the districting process by submitting their own district maps and attending the various public hearings and community workshops.
Mayor Pro Tem Parker announced that due to new State regulations, the City's Water Ordinance has been updated to promote water conservation as a result of current drought conditions.
Matters from the Audience
The following comments were provided in-person
Denise Eby spoke about Community Facilities Districts(CFD) and requested Council exempt lower-income property owners in Central Park Village and Summer Wind from paying CFD assessments.
Sean Thomas requested Council work together and thanked Dwight Manley for his contribution to the Senior Center.
Don Raider thanked Council, Public Works and the Police Department for their support in making the Eagle Hills Christmas Lights event a success.
Lee Squire spoke about the Kessler v. City of Santa Clara case and City water use.
The following comments were provided via-email and summarized aloud:
12. Pledge of Allegiance
The Brea Police Explorers led the Pledge of Allegiance.
15. Oath of Office for Newly Appointed Planning Commissioner - William Madden Deputy City Clerk Popescu delivered the Oath of Office to newly appointed Planning Commissioner, William [Iadden.
January 18,2022
3 Brea Resident, Christina, spoke about the removal of parkway trees in the "Old Brea" neighborhood, suggested that the Council explain and publicize the free tree planting program offered by the City, requested that the City add photos of the trees available to Brea homeowners on the City website, and cited a recent news article that outlined a study related to return on investment on trees planted in the City.
Brea Resident, Chris, indicated that there is a segment of the Tracks at Brea between Brea Blvd. and State College Blvd. where the ground cover is in need of enhancement and replenishments. Chris asked that Council and staff budget for replenishment and enhancement of the ground cover throughout the trail.
19.Response to Public lnquiries - Mayor / City Manager
City Manager Gallardo indicated that each CFD is unique to its respective development; and added that the City's rate consultant is currently looking at water usage as part of a future water rate analysis. He thanked Don Raider for acknowledging staff and indicated that upon inspection, there were no apparent signs of any fire hazards along the Tracks at Brea trail.
City Attorney Boga stated that the Kessler class-action lawsuit has been dismissed and will not go forward.
PUBLIC HEARINGS - This portion of the meeting is for matters that legally require an oppoftunity for public input. Audience participation is encouraged and is limited to 5 minutes per speaker.
20.Zoning Ordinance Text Amendment No.2021-02 (ZOTA 2021-O2l to Amend Title 20 of the Brea City Code Regulating the PD (Precise Development) Zone within the Gity of Brea
Community Development Director Killebrew provided a presentation on the item and spoke about the background, timeline, existing regulations, analysis, various scenarios, consistency with the housing element, California Environmental Quality Act (CEOA), fiscal impact, public noticing, and staff recommendation.
Mayor Hupp opened the public hearing. Seeing no members of the public wishing to address the Council on this item, Mayor Hupp closed the public hearing.
Councilmember Marick inquired as to how certain developments become Precise Development Zones.
Community Development Director Killebrew explained that Developers use the text of the Precise Development Zone as a tool to show decisions that are specific to each particular development. He also clarifled that the City is not giving up any additional local control by approving the item.
Mayor Pro Tem Parker inquired if there is any means to appeal the Director's Administrative Decision. He also requested that the City Council recetve notification should any decision be appealed.
Community Development Director Killebrew explained the notiflcation process prior to the Administrative Decision and indicated that the project could be appealed to the Planning Commission for review.
City Attorney Boga clarifled staffs recommendation to introduce the ordinance and waive further reading. He also read the full title ofthe ordinance.
Jenuery 18,2022
4 Motion was made by Council Member Simonoff, seconded by Council Member Vargas to find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); lntroduce Ordinance No. 1223 of the City Council of the City of Brea approving Zoning Ordinance Text Amendment No. 2021-02, to amend Title 20, Chapter 20.260 of the BCC regulating the PD (Precise Development) Zone within the City of Brea (Attachment A) waiving further reading; and schedule a second reading for adoption of Ordinance No. 1223 at the next available City Council meeting.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council [\4ember Vargas, Council Member Simonoff
Passed
21.Resolution to Update Emergency Medical Service Fee within the City's Paramedic Services Program
Administrative Services Director Russell introduced the item, provided a presentation, and spoke about the proposal to reduce the ALS Transport Fee, background, current fee rate, and circumstances when the fee is assessed. She also indicated that statf does not anticipate current revenues to the City's Paramedic Service Fund.
Mayor Hupp opened the public hearing.
Sean Thomas expressed support for the fees and inquired as to what happens if someone doesn't have insurance and requires paramedic services.
City Manager Gallardo explained the City's Paramedic Tax and indicated that the fee is strictly related to medical transport.
Motion was made by Council Member Simonoff, seconded by Council Member Vargas to adopt Resolution No. 2022-001 amending the ALS Transport Base Fee.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
ADMINISTRATIVE ITEM - This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in thls secllon should be presented during "Matters from the Audience."
22.City of Brea Annual Comprehensive Financial Report and Related Audit Reports for the Fiscal Year Ended June 30, 2021
Administrative Services Director Russell presented the item, spoke about the background, and noted that auditors found no issue with City procedures and no management letter was issued. She indicated that for the 3'1st year in a row, the City received a Certificate of Achievement for excellence in financial reporting and noted that the Comprehensive Annual Financial Report (CAFR) is now being referred to the Annual Comprehensive Financial Report (ACFR).
James Ramsay, Eide Bailly, LLP, noted that there were no issues found with the City's procedures and noted that the firm issued an unmodified opinion.
Mayor Pro Tem Parker inquired as to internal periodic test audits of management controls.
Jenuary 18,2022
5 Seeing no further members of the public wishing to address the Council on this item, Mayor Hupp closed the public hearing.
24. 26
City Manager Gallardo spoke about the work the City does internally in addition to the regular annual audit process.
The City Council received and filed the City's Annual Comprehensive Financial Report (ACFR) and related audit reports for the fiscal year ended June 30, 2021.
CONSENT CALENDAR - The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a pafticular item. ltems of concern regarding Consent Calendar matters should be presented during "Matters from the Audience."
CITY COUNCIL - CONSENT
23.December 7, 2021 Ciq Council Regular Meeting Minutes The City Council approved the December 7,2021 Cily Council Regular Meeting Minutes, as amended to reflect current Councilmember titles.
December '15,2021 City Council Special Meeting Minutes
The City Council approved the December 15,2021 City Council Special Meeting Minutes.
25.January 6,2022 Clly Council Special Meeting Minutes
The City Council approved the January 6, 2022 City Council Special Meeting Minutes.
Adopt Resolutions Authorizing the Director of Public Works to Prepare and File Reports Relating to Annual Maintenance Assessment in Landscape and Lighting Maintenance Districts 1 through 7
The City Council adopted Resolution Nos. 2022-002 through 2022-008.
Contract with Axon to Purchase 65 Taser Devices for Police Department The City Council approved the contract with Axon to purchase Taser CEW devices for Police Department.
Establishing Permanent Utility Easements at Booster Station No. 3 The City Council authorized $1,000 Payment to David Ensminger to Establish Permanent Utility Easements at Booster Station No. 3.
Support of Federal Per-and Polyfluoroalkyl Substance (PFAS) Legislation that Protects the City of Brea
The City Council adopted Resolution No. 2022-009 supporting Federal PFAS Legislation that protects ratepayers and water/wastewater agencies from liability for PFAS clean-up and costs, and authorized the Mayor to send letters to Brea's congressional delegation.
30.Award the Skate Park Upgrades, CIP Project No.7914
The City Council received bids; adopted Resolution No. 2022-010 to appropriate an additional $1,145,000 from the Park Development Fund (250); awarded Contract to the lowest responsive and responsible bidder, Three Peaks Corporation, in the amount of $1,309,128; approved Amendment No. 3 with Stantec in the amount of $15,000 for construction support; and, authorized the City Engineer to make Change Orders up to a "not to exceed" amount of 15% of the Contract Price.
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29 January 18,2022
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31. 32.
33. Approve Agreement with Emergency Ambulance Services, lnc. to Provide Emergency Basic Life Support ("BLS") Ambulance Services and Related Billing and Collection Services and Emergency Advanced Life Support ("ALS") Ambulance Patient Transport The City Council approved an agreement with Emergency Ambulance Services, lnc. to provide emergency Basic Life Support ("BLS") ambulance services and related billing and collection services and emergency Advanced Life Support ("ALS") ambulance patient transport in coordination with the Brea Fire Department Paramedics.
Community Planning Voter lnitiative
The City Council adopted Resolution No. 2022-011, supporting qualification of the Community Planning Voter lnitiative.
Downtown Brea Parklet Feasibility Study
The City Council appropriated $31,500 from the City's Community Benefit and Economic Development Fund (CBEDX140) in the City's Fiscal Year 202'l-22 Operating Budget to fund the entire Downtown Brea Parklet Feasibility Study; and De-obligated $12,000 from the City's General Fund (1 '10) that was initially appropriated.
Motion was made by Council Member Vargas, seconded by Council Member Simonoff to approve City Council Consent ltems 23 - 33.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
34.Outgoing Payment Log and City Disbursement Registers for December 24 &31,2021 and January 7 & 14, 2022
The City Council received and filed the Outgoing Payment Log and City Disbursement Registers for December 24 & 31 , 2021 and January 7 & 14, 2022.
Motion was made by Council Member Simonoff, seconded by Council Member Vargas to approve City/Successor Agency Consent ltems 34 - 35.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
ADMINISTRATIVE ANNOUNCEMENTS
36.City Manager
City l\,lanager Gallardo recognized Administrative Services Director Russell for her service to the City and congratulated her on her upcoming retirement.
Administrative Services Director Russell thanked the Council and staff for the opportunity City Aftorney
None.
37. Jenuery 18,2022
7 CITY/ SUCCESSOR AGENCY - CONSENT
35. Successor Agency Disbursement Registers for December 24,2021 and January 7,2022 The City Council received and flled the Successor Agency Disbursement Registers for December 24, 2021 and January 7 , 2022.
38. Council Requests
COUNCIL ANNOUNCEMENTS
Councilmember Simonoff requested a discussion regarding CFD's. Mayor Hupp supported Councilmember Simonoff s request.
Couniclmember Vargas requested a discussion regarding term limits. Councilmember Marick supported Councilmember Vargas' request.
ADJOURNMENT
Mayor Flt+Hupp adjourned the General Session at 8:10 p.m. in memory of former Brea Fire Chief, Richard Wayne Francesconi and longtime Brea resident, Sue Hamilton.
Respectfully submitted,The foregoing minutes are hereby appro ved this day of February, 2022.
Liili Neal, City Clerk Cecilia Hupp, Mayor
January 18,2022
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