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Minutes

Brea City Council
June 21, 2022

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Minutes
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June 21, 2022
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Brea City Council
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BREA CITY COUNCIL

SUCCESSOR AGENCY TO THE

BREA REDEVELOPMENT AGENCY

MEETING

MINUTES
JUNE21,2022

STUDY SESSION
6:30 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
lvlayor Hupp called the Study Session to order at 6:30 p.m., all members were present

Present: Hupp, Parker, Marick, Vargas, Simonoff

1. Public Comment
None.
2 Clarify Regular Meeting Topics
ltrlayor Pro Tem Parker pulled ltem #25 (Award Design for Arovista Park f\rodernization) for discussion and feedback.

I\/ayor Hupp clarified that she will open the public hearing, receive testimony, and continue Item #17 (Environmental lmpact Report No. 2022-01 , General Plan Amendments No. 2022-01 , Zone Change No.2022-01, Specific Plan No.2022-01, and Development Agreement No. 2022-01 - Brea 265 Specific Plan) to the July 19, 2022, regular City Council meeting.

Regarding ltem #23 (Set the Employer Medical Health Benefit Contribution Amount to the Public Employees' Medical and Hospital Care Act Minimum), City Manager Gallardo clarified that the effective date will be amended from August 1 , 2022 to September 1 , 2022.

DISCUSSION ITEMS
Designate Voting Delegate and Alternate for League of California Cities Annual Conference & Expo Septembet T-9,2022 in Long Beach
City Council designated Mayor Hupp as the delegate and Council lvlember Simonoff as the alternate for the League of Calfornia Cities Annual Conference & Expo in Sacramento on September 7-9, 2022.

Council l\/ember Vargas expressed dissatisfaction with the amendment regarding the Mayor not being rotational.

J
4 June 21,2022
1 City Council Code of Conduct Revisions
City tt/anager Gallardo provided the amendments made by Council at the May 20,2022, of1.Siie City Council meeting and reported that Council changed the name of the Code of Conduct to "Protocols and Procedures".

REPORT
None.
5 After discussion, it was the consensus of Council to keep the amendments, as presented Council Member ReporURequesG
None.

Mayor Hupp adjourned the Study Session at 6:45 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 7:00 p.m., all members were present 6 7
8 9
Pledge of Allegiance
Boy Scout Troop 707 led the Pledge of Allegiance
Gommunity Announcements
Mayor Pro Tem Parker announced that the Summer's Family Films series continues on Friday, June 24th featuring the movie, "Encanto" at the Brea Civic and Cultural Center Plaza at 8:00 p.m., admission and parking are free! For more information, please call 714-990-7771.

Mayor Hupp announced that Concerts in the Park return on Wednesday nights at City Hall Park, starting on July 6th with Symphonic Winds of the Pacific. The concert will begin playing at 6:30 p.m., admission and parking are freel For more information, please call 714-990-7722.

Council Member Simonoff announced that this week is National Mosquito Awareness Week. Check your home for potential mosquito development sites. For more information, please visit OCvector.org.

Council Member Marick announced that the City is calling all volunteers for Brea Fest 2022, throughout the day, starting at 'l:30 p.m. until 10:00 p.m. Volunteers must be at least 14 years old for our set-up team and 18 years old to volunteer during the event. The event is scheduled for Friday, August 12th starting at 6:30 p.m. To register, please call 714-990-7150.

Council Member Vargas invited residents to a community information meeting about the water and sewer rate study. The meeting will take place on Wednesday, June 29th, from 6:30 to 8:00 p.m., in Community Rooms A&B at the Brea Civic & Cultural Center. To RSVP, or ask questions, send emails to ratestudy@cityofbrea. net.

Mayor Pro Tem Parker announced that the 42nd annual Country Fair will be on Monday, July 4th at City Hall Park with activities planned from 7:00 a.m. to 3:00 p.m. Photos can be sent to BreaspecialEvents@cityofbrea. net for a chance to win $'100.

June 21, 2022
2 lnvocation
Pastor Steve Chang, Living Hope Community Church delivered the lnvocation.

Report - Prior Study Session
City l\ilanager Gallardo provided the Prior Study Session report.

10.Matters from the Audience
Mary Martinez stated that the current zoning at the Gaslight Square Shopping Center is compatible with the neigborhood and it shouldn't be changed.

Kari Windes stated that the Gaslight Square Center is still being marketed as a drive{hrough site and Council should ensure that development in the area meets the requirements without causing a burden on the neighborhood.

Charlene Fischer expressed concern about the Brea 265 project noting the additional burden on the City's infastructure, trash, wildlife and trees if the project is approved.

Waad Nadhir addressed the impact of a Referendum regarding the Brea Plaza project noting that the project will bring additional school and fire Et\4S funding and it will assist with the Regional Housing Needs Assessment (RHNA) numbers.

Brian Wakeman expressed concern about the Brea 265 project noting the danger of having additional residents in the City.

11.Response to Public lnquiries - Mayor / City Manager
City IManager Gallardo responded to Public lnquiries.

PUBLIC HEARINGS - This poftion 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.

12.Public Hearing to Consider the Adoption of the City of Brea FY 2022-23 Operating Budget

13.Public Hearing to Consider the Adoption of the Successor Agency to the Brea Redevelopment Agency 2022-23 Operating Budget

14.Public Hearing to Consider Adoption ol 2022-23 Operating Budget for the Brea Community Benefit Financing Authority

15.Public Hearing to Consider Adoplion ol 2022-23 Operating Budget for the Brea Public Financing Authority

16.Capital lmprovement Program Budget For Fiscal Year 2022-2023 Administrative Services Director Kristin Griffith introduced the item and staff. Senior Fiscal Analyst Alicia Brenner presented a PowerPoint that included: lhe 2022-23 budget process, major initiatives completed, budget highlights , FY 2022-23 operating budget by department, authorized full time equivalents (FTE'S) by fiscal year, 2022-23 general fund revenues, 2022-23 general fund expenditures, five-year projection and assumptions , FY 2022-23 City/Successor Agency budget, FY 2022-23 Public Financing Authority budget, and the FY 2022-23 Pubtic Community Benefit Financing Authority budget.

Council directed staff to add funds to Other Post-Employment Benefits (OPEB). City lvlanager Gallardo briefly discussed the annual policy for revenue over expenses funds being allocated to Fixed Asset Replacement Plan (FARP) and OPEB. He noted that staff will allocate 9269,234 to OPEB.

Principal Engineer Ryan Chapman presented a PowerPoint regarding the Capital lmprovement Program budget which included: continuing appropriations FY 2122, new FY 22-23 appropriations, and the proposedFY 22-23 CIP summary.

June 21,2022
3 17.

Mayor Hupp opened the public hearing.

Bev Perry commended Council for having a s-year projected budget Hearing no further testimony, Mayor Hupp closed the public hearing.

Mayor Pro Tem Parker requested that istaff include a summary of the fire and polrce deployment plans in the future.
ln response to Council Member Vargas questions, staff stated that the Parks, Recreation and Human Services Commission deemed that Greenbriar Park is not a priority at this time, clarified that the funds in the CIP are for Police vehicles only, and explained the alignment of revenues and expenditures.

City Manager Gallardo confirmed that staff was directed to gather information about Community Facilities Districts (CFD's) to discuss at the City Council meeting on July 19,2022 Motion was made by Council Member Vargas, seconded by Mayor Pro Tem Parker Approve Fiscal Year 2022-23 Proposed Operating Budget as presented in the Fiscal Year 2022-23 Proposed Operating Budget document and adopt Resolution No.2022-048 approving the Fiscal Year 2022-23 Operating Budget and appropriating funds for the City of Brea Fiscal Year 2022-23 Operating Program; adopt Resolution No. SA 2022-01 appropriating funds for the Successor Agency to the Brea Redevelopment Agency 2022-23 Proposed Operating Program Budget; adopt Resolution No. A 2022-01 appropriating funds for the Brea Public Financing Authority 2022-23 Ope?ting Budget, as presented in the 2022-23 Proposed Budget document; adopt Resolution No. BCBFA 2022-01 appropriating funds for the Brea Community Benefit Financing Authority 2022-23 Operaling Budget, as presented in ihe 2022-23 Proposed Budget document; adopt Resolution No. 2022-049 for the Capital lmprovement Program (ClP) Budget for Fiscal Year 2022-2023; and allocate $269,234 to OPEB.

AYES: Mayor Hupp, Mayor Pro Tem Parker, Council lvlember Marick, Council Member Vargas, Council Member Simonoff
Passed
Environmental lmpact Report No. 2022-01, General Plan Amendment No. 2022-01, Zone Change No. 2022-01, Specific Plan No. 2022-01, and Development Agteement No. 2022-01 (Brca 265 Specific Plan)
Community Development Director Jason Killebrew presented a PowerPoint that included: the proiect summary, requested entitlements, project timeline, land uses, residential density, by-right project vs. proposed project, circulation, parks/recreation and open space, trail improvements, project phasing, other components, development agreement, public benefits, CEOA (ElR) timeline, and conclusion.

Project Applicant, George Basey presented a PowerPoint that included: photos and maps; site history; Brea 265 oil operations, site today aerial view; workforce housing; planning principles; project overview; compatible with surrounding community major investment in Brea; open space; connectivity; new trails; 2 acre trail head; walkability; existing tunneli Bre Sports Park expansion; public safety/civic use site; enhanced fire safety, public art and culture; roadway enhancements; millions in new city revenue, economic benefits; consistent with City June 21,2022
4 ln response to Council Member Marick's question, Financial Services Manager Faith lt/adrazo clarified that the Cityisuccessor Agency expenditures are for outstanding bonds.

goals summary of project benefits' broad public outreach, wrdespread project support and public process.

Mayor Hupp opened the public hearing.

Brian Wakemen expressed concern about building 1100 homes at the site citing that it is not safe to do so.

Clark Ken expressed support for the project stating that it's a great project Charlene Fischer expressed concern about the project cjting traffic concerns, street maintenance, parking in the existin neighborhood, water concerns, waste problems, and low income housing.

James Campbell expressed support for the project stating that it is a responsible development for families.

Michael, Fullerton resident, expressed the desire to live in Brea and expressed support for sustainable growth and development in the City.

Dwight Manley expressed support for the project citing the benefits to the community.

Mr. Zimmerman expressed support for the project citing employment opportunities, revenue and tax for the City.

Richard Carbajal expressed support for the project citing open space and expansion ofthe parks.

Claire Schlotterbeck expressed support for the project citing the need for additional housing.

She urged Council to request an agreement with the applicant to: keep black walnut trees, add a $10 assessment, and use real grass instead of artificial turf.

Bev Perry expressed support for the project, thanked Aera for their outreach, and suggested that Council develop a plan for Great on Gas; flnd more funding for workforce housing; and add gates due to the high severity zone.

Adam Lou, Building lndustry Association of Orange County, expressed support for the project citing how the project will help the RHNA number, schools, housing, and public safety.

Ross Mckewen expressed support for the projecl, commended Aera, and suggested that the cities work as a team for options for Rose Drive.

Tod Coble, CNC Affordable Housing, expressed support for the project stating that it creates a unique opportunity for affordable housing and thanked Aera.

Kailey Gafflkin expressed support for the project noting business and economic development, additional housing, support for local business, and workforce housing.

Jamie Hunt-Parrent expressed support for the project noting the new amenities the project will bring.

Lacy Schoen, PresidenUCEO Brea Chamber of Commerce, provided a letter of support and noted the desire for more housing and local business growth.

Justin Trott expressed support for the project and welcomed more housing in the City June 21,2022
5 Jennifer Ward, Orange County Business Council, expressed support for the project citing benefits to the business community and housing.

City Clerk Harris-Neal reported that she received letters of support from the Brea Chamber of Commerce and People for Housing Orange County. She also reported that she received approximately 40 letters of support from the Brea 265 Outreach Team.

Hearing no further testimony, Mayor Hupp closed the public hearing.

Mayor Hupp announced that Council will ask clarifying questions and continued the item to the July 19, 2022, City Council meeting.
ln response to Mayor Pro Tem Parker's question, Community Development Director Jason Killebrew discussed how project phasing will be implemented.

Council darected staff to bring back information on: traffic management for Rose Drive; revenue neutral housing; permissible developmenl legal options; rights ofthe property owner; gated private community; parking on streets; energy uses; sewer; low income projects; uses for the park; bike trails system; well abandonment; artiflcial turf; development agreement terms; additional renditions; black walnut trees; built-in methane mitigation; assessments; workforce opportunity; income requirements for affordable housing; hila hydrants; conduit for cameras; senior housing; recreational parking in the existing neighborhood; affordable housing for sale; and the "Hills for Everyone" suggestions.

Mayor Hupp suggested that Council provide staff with a list of questions prior to the July 19, 2022 meeting.

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 concem regarding Consent Calendar matters should be presented duing "Matters from the Audience."

CITY COUNCIL - CONSENT

18.June 7,2022 City Council Regular Meeting Minutes
The City Council approved the June 7,2022, Cily Council Regular Meeting Minutes as written.

19.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 ofthe COVID-19 state of emergency; and (2) the COVID-19 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.

20. Jure 21,2022
6 Carolyn Cavecche, Orange County Tax Payer's Association, expressed support for the project noting it is beneficial to taxpayers in the City of Brea.

Fiscal Year 2022-23 Apptopriations Limit
The City Council adopted Resolution No. 2022-050 approving the Fiscal Year 2022-23 Appropriations Limit.

2'1.

22. 23.

24. 25.

26. 27.

Release Warranty Bond for Tract 17150; Accept Certificate of Correction and Release Subdivision and Warranty Bonds for Tract 17160 tot La Floresta Development Village Site The City Council authorized City Clerk to release the warranty bond for Tract 17150; and Accept Certificate of Correction and authorize City Clerk to release the subdivision and warranty bonds for Tract 17160.

Renewed Measure M (M2) Eligibility Submittal Package for Fiscal Year 2022-23 The City Council approved and authorized staff to submit to Orange County Transportation Authority (OCTA) the Measure M2 Seven-Year Capital lmprovement Program for Fiscal Years 2022-23 through 2028-29 lo comply with Measure M2 eligibility criteria.

Set the Employer Medical Health Benefit Contribution Amount to the Public Employees' Medical and Hospital Care Act (PEMHCA) Minimum
The City Council approved Resolution No. 2022-051, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act at an equal amount for employees and annuitants.

Public Works Consumer Price lndex (CPl) Contract lncreases The City Council approved CPI increases for agreements with Western Golf Properties, Itrlariposa Landscape lnc., Nieves Landscape lnc., Tropical Plaza Nursery, lnc. and Orkin, LLC.

Award Design Services for Arovista Park Modernization, CIP 7978 This item was pulled for separate discussion and vote by Mayor Pro Tem Parker Ivlayor Pro Tem Parker expressed concern regarding the shortfall amount of 9273,000 and discussed the bid process.

It was the consensus of Council to move forward with the project and discuss the policy at a later date.

The City Council adopted Resolution 2021-052 to appropriate 9273,000 from the Park Development Fund, (Fund 250) for Project Desrgn; awarded Design Services Agreement to David Volz Design in the amount of $723,000 for Plans, Specifications and Estimates (PS&E) for Arovista Park Modernization, and authorized the City Engineer to make Change Orders in a "not-to-exceed" amount of 15% of the Agreement Price for contingency work.

City Council Code of Conduct Revisions
Council Member Vargas expressed concern that the Mayor seat is not rotational position and voted no on this item.

The City Council adopted revisions to the City Council Code of Conduct.

Monthly Report of Cash and lnvestmenG for the City of Brea for Period Ended April 30, 2022
The City Council received and filed the Monthly Report of Cash and lnvestments for the City of Brea for Period Ended April 30, 2022.

Outgoing Payment Log and City Disbursement Registers for June 10 and 17, 2022 The City Council received and flled the Outgoing Payment Log and Caty Disbursement Registers for June 10 and 17,2022.

Motion was made by Council fi/ember Simonoff, seconded by Council Member Marick to approve Consent Calendar ltems 18-28, noting a no vote on ltem 26 (City Council Code of Conduct Revisions) from Council l\ilember Vargas.

28. June 21,2022
7 29.

AYESr Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
Monthly Report of Cash and lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended Aptil30,2022
The City/Successor Agency received and filed the Monthly Report of Cash and lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended Aptll30, 2022.

Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to approve City/Successor Agency Consent Calendar ltem 29.

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

ADMINISTRATIVE ANNOUNCEMENTS

30.City Manager
City Manager Gallardo thanked Adam Loeser for serving on the Joint Fullerton/Fire Department for the last 10 years and as the Joint Fire Chief for last 3 years and wished him success in his new position with the City of Fullerton.

City Manager Gallardo introduced the new interim Fire Chief George Avery and briefly provided his career background.

31.City Attorney
None.

32.Council Requests
None.

COUNCIL ANNOUNCEMENTS
None.

ADJOURNMENT
Mayor Hupp adjourned the General Session at 10:31 p.m.

Respectfully submitted,The foregoing minutes are hereby approved this '1 gth day of July, 2022
Cecilia Hupp, Mayor
i
Liil Harris-Neal, City Clerk
Jvne 21,2022I

CITY/ SUCCESSOR AGENCY - CONSENT

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