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Minutes

Brea City Council
February 15, 2022

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Minutes
Meeting
February 15, 2022
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Brea City Council
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BREA CITY COUNCIL

SUCCESSOR AGENCY TO THE

BREA REDEVELOPMENT AGENCY

MEETING

MINUTES
FEBRUARY 15,2022

CLOSED SESSION
5:30 p.m. - Executave Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Closed Session to order at 5:30 p.m., all members were present

Present: Hupp, Parker, Marick, Vargas, Simonoff
'1. Public Comment
None.

Closed Session may convene lo considsr matlers ol purchas€ / sal€ ol realpropedy (G. C. 554956 8), pending litigation |G.C.S54956.9(dX1)l potential liligation IG.C. S54956.9(d X2)(3) or (4 )l liability claims (G. C. S5a961 ) or personne items (G. C.554957.6 ) Records nol avallablo lor public insp6clion.

Conference with City's Labor Negotiator Pursuant to Government Code 554957.6 Regarding the Brea Fire Management Association (BFMA) - Chris Emeterio, Negotiator and Mario E. Maldonado, Negotiator,
2 Mayor Hupp adjourned the Closed Session at 5:35 p.m.

STUDY SESSION
5:40 p.m. - Council Chamber
Plaza Level
3 CALL TO ORDER / ROLL CALL . COUNCIL
Mayor Hupp called the Study Session to otder al5:42 p.m., all members were present 4 Public Comment
Heidi Gallegos, Emeritus CEO - Brea Chamber of Commerce, thanked Council for considering the Part-Time Code Enforcement Officer position and noted that a letter was previously sent to Council expressing support for the additional staff.

Clarify Regular Meeting Topics
None.

DISCUSSION ITEMS
Fe*uary 15,2022
'l

5.Citygate Associates, LLC. Standards of Cover and Community Risk Assessment Study Findings and Recommendations
Stewart Gary, Public Safety Principal at Citygate Associates, LLC., presented a powerpornt that included: values at risk, risk assessment methodology, risk analysts, service demand by station by year, service demand by incident type, service demand by month, service demand by day of the week, service demand by time of day, station demand by hour of day (2020), unit-hour utilization - units (2020), simultaneous incident activity, simultaneous incident activity by station area, call to arrival time at g0% to fire/ems calls, travel time at g0% to fire/ems calls, travel time by minute at 90% to fire/ems calls, dispatch and turnout time at g0% to fire/ems calls, geographical coverage analysis, road mile coverage, deployment summary, deployment recommendations, current shared administrative organization, proposed administrative organization, management team separated costs and nexl steps. ln response to Council questions, Mr. Gary stated that there are more risks at station 4, so council should prioritize the station by adding one more person a day; noted that half of the calls on the west side of Brea does not require a paramedic; indicated that Brea will be better off if the City invest in additional fire staff as a shorter term goal; clarified that his calculations are not based on calls; supported hiring 6 people to have two per day at station 2; verified that as of March 1, the City will contract with a private ambulance service; proposed that firefighters do not transport, only paramedics; discussed low acuity response calls; clarified that fire command staff helped gather information for the calculations; and briefly discussed budget funds for fire department changes.

FY 2021-22 Mid-Year General Fund Operating and Capital lmprovement program Budget Update
Finance Manager Faith Madrazo presented a powerpoint that included: the budget agenda, prior year recap, economic outlook, 1st quarter adjustments, general fund expenditures, Fy 2021-22 summary, budget process, assumptions, fire year general fund projections, and discussion.
council discussed the recommended disbursement of the unanticipated property tax revenues accrued in the prior flscal year, directed staff to check the numbers for cal PERS pension vs.

OPEB to get a guide of one year's expenditures, requested to see an update on all reserve funds, stated that placement ofthe FARP and OpEB funds is a part of the Fiscal policy Statement and noted that they will not make recommendations at this time as to the unanticipated property tax revenues that was accrued.

Principal Engineer Ryan chapman, provided an update on the capital lmprovement projects (ClP) and presented a PowerPoint that included: current project status, project highlight - Berry Street Sidewalk study, CIP Emergency changeable message signs, and next steps. 5 7 Amendment to the Position Allocation List - Add a part-time code Enforcement officer Position
Mayor Hupp announced that due to lack of time, this ltem will be discussed during General Session.

This item was discussed prior to the Consent Calendar during General Session. community Development Director Killebrew reported that the 202i Development committee directed staff to analyze the benefits and costs of adding a part-time Code Enforcement Officer or Neighborhood Enhancement Officer position to the Community Development Department to conduct a more "proactive" enforcement of the City's codes and ordinances. Mr. Klllebrew noted that staff has identified existing fleet to accommodate the position.

February'15,2022
2 9
Council Member Marick stated that Council agreed to view all additional positions as a part of the full budget and expressed opposition to adding the position at this time.

Council Member Simonoff stated that his previous concerns were: not having a vehicle for the position and the title of the position being called the Neighborhood Enhancement Officer versus a Code Enforcement Officer.

Mayor Hupp stated that she noticed that there are pop-up shops on the sidewalks in the City and expressed support for a part-time Code Enforcement Officer.

Council Member Vargas and Mayor Hupp stated that the posilion is needed sooner than later.

REPORT
Council Member Report/Requests
None.

Mayor Hupp adjourned the Study Session at 7:01 p.m.

GENERAL SESSION
7:00 p.m. . Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Hupp called the General Session to order at 7:02p.m., all Council Members were present Pledge of Allegiance
The U.S. Air Force Auxiliary led the Pledge of Allegiance

10.lnvocation
Pastor Daniel Mendoza, Celebration OC, delivered the lnvocation

11.Report - Prior Study Session
City Manager Gallardo provided the prior Study Session report

12.Community Announcements
Council Member Vargas announced that the City and Republic Services will be giving away free compost this Saturday, February '19, from 8:00 to 10:30 a.m., at Tri-City Park. For more information, contact Republic Services at 800-700-8610.

Council Member Simonoff announced that there will be another by-district election public hearing on Wednesday, February 23 at7:O0 p.m. The meeting will be held in the Council Chambers. This is the community's opportunity to view the draft maps and provide comments. For more information about the districting process, and to view the draft maps, please visit c;tyofbrea.neVdistricting.

Council Member Marick announced that construction to upgrade the Skate Park, located al Arovista Park, began earlier this month.The Skate Park is closed throughout construction which is anticipated to be about six months. The pro.iect includes the addition of new skate elements, maintenance repairs, concrete and drainage work, and the installation of an ADA ramp. Please visit the City's website and look under "Construction Project Status" to learn more about the project and preview lhe new Skate Park design.

Mayor Pro Tem Parker announced that the City is offering a new community engagement February 15,2022

8. program called, Engage Brea, Understanding Your City! The six-week-long program will meet on Wednesdays, from April 6 through May 'll, from 6-7:30 p.m. lt is hosted in partnership with california state university, Fullerton's school of Political science. Discussions will be led by City staff, local elected officials, and academic leadership. Applications will be available beginning February 28th for Brea residents, and March 2nd for non-residents. please visit cityofbrea.net for more information.

Mayor Hupp asked residents to save the date for this year's, Love Brea Serve Day which will be returning on saturday, April 23rd. city government, businesses, neighborhoods, the faith community, service groups, schools, and sports organizations will come together to work on a variety of service p@ects in Brea. Plans are in the works for a Kick-Off Rally g:00 a.m., Volunteer Service Pro.iects from g:00 a.m. to noon, and a Volunteer Thank you Lunch at 12:30 p.m.

13. Matters from the Audience
Heidi Gallegos, Emeritus cEo - Brea chamber of commerce, announced her retirement and introduced the new Brea Chamber CEO, Lacy Schoen and Dan Kleinberg, Brea Chamber Chair Elect.

14. Diane stites discussed the previous proposed Raising cane project and lawsuit; noted why she believed the project was not adequate for the area; asked Council to learn from the process; and urged council to add wording to the zoning code to include a ban on drive-thru,s at the Gaslight Square.

Ted Gribble expressed opposition to the Brea plaza amendments.

Dwight Manley expressed opposition to districting.

Sean Thomas expressed concern that residents aren't treated fairly by Council.

Response to Public lnquiries - Mayor / City Manager
City Manager Gallardo responded to public inquiries.

CITY COUNCIL. CONSENT

15.February 1,2022, Cily Council Regular Meeting Minutes The City Council approved the February 1,2022, City Council Regular Meeting Minutes as written.

February 3,2022, Cily Council Special Meeting Minutes
The City Council approved the February 3,2022, City Council Special Meeting Minutes as written.

CONSENT CALENDAR - The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests funher discussion of a pafticutar item. ltems of concern regarding consent calendar mafters should be presented during "Mafters from the Audience."

16. Febtuary 15,2022
4 '17.

18. 20.

21. 22.
23 AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings The City Council made the following findings: 1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and 2) the COVID-I9 state of emergency continues to directly impact the ability of the members of the City's legislative bodies (including commissions and committees) to meet safely in person.

SB 1383 Organic Waste Recycling Compliance: Adopt Ordinance No. 1224 adding Chapter 8.56, Organic Waste Disposal, to the Brea Municipal Code Council Member Vargas stated that the goal of the organic diversion is to get rid of methane gas. He asked staff to get an exemption in the City because there is an electric generating station at the landfill.

The City Council adopted Ordinance No. 1224, adding Chapter 8.56, Organic Waste Disposal, to the Brea Municipal Code and adopting regulations for organic waste recycling per SB 1383. Second reading was waived at the February 1, 2022, meeting.

Approve Water Meter Shutdown lndemnity and Release Agreement with Buena Vida Maintenance Corporation
The City Council approved the Water Meter Shutdown lndemnity and Release Agreement with the Buena Vida ltrlaintenance Corporation, authorizing the shutdown of Water Meter Nos. 2 and 3 within the Solana Neighborhood at Buena Vida Community.

Budget Adjustments to the City Operating Budget for Fiscal Year 202'l -22 The City Council adopted Resolution No. 2022-016, appropriating funds to adjust the Fiscal Yeat 2021-22 City Operating Budget.

Accept State of California Tobacco Grant Program Award for School Resource Officer and Tobacco Education, Outreach and Enforcement and Retailer Education and Compliance Programs
The City Council adopted Resolution No.2022-017 accepting a State of California Tobacco Grant Program Award forthe School Resource Officer (SRO), SRO Tobacco Education, Outreach and Enforcement and Tobacco Retailer Education and Compliance Programs in an amount up to $748,095, for the three-year grant program beginning December 1 ,2021 , and ending June 30, 2025; and authorized the Police Chief to enter into a Memorandum of Understanding with the Department of Justice, for receipt of grant funds.

Amendment to the Position Allocation List - Add a Part-time Code Enforcement Officer Position
The City Council approved Resolution No. 2022-018, amending the Position Allocation List to add a Part-time Code Enforcement Officer position in the Building & Safety Division; and appropriated $20,778 to amend the City's General Fund (1 10) Operating Budget for Fiscal Year 2021-22 for the remainder of this flscal year which includes three (3) months of personnel and ongoing operating costs as well as the one time initial costs.

Acceptance of Relinquishment of Project Approvals, Rescission of City Council Resolution Nos.2021-009, 2O21-01O, and 202'l-O11, and Vacation of Project of Approvals for a Proposed Raising Cane's Restaurant with Drive-Thru at 255 East lmperial Highway, in the C-P (Commercial Professional) P-D (Precise Development) Zone
The City Council adopted of Resolution No. 2022-019 to accept Raising Cane's Restaurants'

24. Febr\tary 15, 2022
5 19. Extension of Professional Services Agreement with lnterwest Consulting Group, lnc.

The City Council approved a one-year extension of Professional Services Agreement with lnterwest Consulting Group, lnc. in the amount not-to-exceed $150,000 per year.

relinquishment of project approvals, rescind City Council Resolution Nos. 2021-009, 2021-010, and 2021-011, and vacate the city council's approval of a proposed restaurant with drive-thru at 255 East lmperial Highway, in the C-P (Commercial professional) p-D (precise Development) Zone.

City Outgoing Payment Log and Disbursement Registers for February 4 a nd 11, 2022 The City Council received and filed the City Outgoing payment Log and Disbursement Registers for February 4 and 11 ,2022.

The City Council approved Consent Calendar ltems 15-24, noting Council Member Marick's no vote on item 23.

AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed

ADMINISTRATIVE ANNOUNCEMENTS

26.City Manager
None.

27.City Attorney
None.

Council Requests
None-

COUNCIL ANNOUNCEMENTS
None.

ADJOURNMENT
Mayor Hupp adjourned the General Session at 7:49 p.m.

Respectfully submitted,The foregoing minutes are hereby approved this 1st day of M arch, 2022.
)
Lil an Harris-Neal, City Clerk
28 .1(
Cecilia Hupp, Mayor
February 15,2022
6 25.
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